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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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False linked addresses from J D Williams?


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Hello all,

 

From 2012 to 2019 J D Williams has posted false linked addresses to my Experian credit report on seven occassions.

These arise as a result of third-party fraud associated with their online credit account, which is available through a number of brands.

 

I have a good understanding of how the fraudsters operate, and why the false linked addresses arise, and am alert to the problem: its a long story, but I'm sure you get the picture and can guess at the resulting problems with debt collectors.

 

The failure of J D Williams to prevent recurrence of the problem despite promises to put a stop to it in 2014 and 2017 is now the subject of a FOS complaint and I am awaiting the outcome. This is driven by my conclusion, as others have said, that J D Williams governance, policies, process and systems focus on winning business, and that their investment in winning business is not matched by investment in fraud prevention or implementation of FCA requirements. Its interesting that I don't have this problem with any other online retailer.

 

If anyone similar experience is willing to share it with me please send me a private message.

 

Thank you

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  • 1 year later...

Just a quick update for anyone interested ... the FOS investigated my complaint and in September 2020 made a decision in my favour. J D Williams & Company Limited were instructed to pay £500 for the trouble caused.  All was fine until February 2021 when another false linked address was placed on my credit record by J D Williams t/a Jacomo - the 8th time since 2012.  Here we go again ...

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You would think so, wouldn't you?

 

However, I made a complaint to the ICO at the same time as the successful one to the FOS. The ICO complaint was rejected even though they acknowledged certain concerns about the way my personal data was handled.  Not being happy with this outcome I asked the Parliamentary and Health Service Ombudsman to review the ICO decision, but the PHSO view was that the ICO was correct according to their terms-of-reference as regulator.

 

It appears that it is not as easy as one might think to prove infringement of data protection rights in the consumer finance context because there is an inherent inequality between big business and private individuals e.g. in terms of their right to create, process, store and retrieve your information. This makes it extremely difficult for individuals to discover and document evidence about business failures with sufficient rigour to prove their case. This is clear from many cases discussed on this forum.

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