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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
      • 162 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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silverspike v The Woolwich


silverspike
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Hi Silverspike.

That's the spirit.

Keep us informed of your progress.

 

Good luck.

Regards, Rooster.

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good luck spike everything will be fine you seem to have it all under control in the meantime while your waiting just keep on reading the other forum members threads it will let you know what lays ahead of you !

if my advice has been of any help to you then please click the scales ! Thank you :D

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I received a reply dated 8 Jan 07 from a Peter Townsend,regarding the Data Protection Act request i posted. Basically the same as the one in e28bigalbexleys thread elsewhere, so copied and pasted most of it (see below) to save me typing!

 

DATA PROTECTION ACT

"We refer to your letter of 3 January, which was passed to this department for comment due to your request for certain information under the terms of the Data Protection Act("the DPA")".

"As requested, a schedule of charges is in course of preparation and this will be sent to you shortly by the Woolwich; there will be no charge for this service and the bank will provide this information on a complimentary basis, your cheque is returned herewith".

"As regards your mention of "manual intervention", the Data Protection Act does not oblige the Bank to comment about internal policies or procedures. Furthermore, in the context of managing day to day transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form which would be covered by the DPA.Whilst aggregated information is retained for statistical purposes, this would not constitute "personal data" under the DPA and therefore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention".

Yours sincereley

xxxxxxxxxxx

So basically i take it this means that,we will send you your list of charges when we can get around to it and although the information you requested is in a form that is not covered by the DPA i.e. not on paper, this doesn't mean that we didn't have to work very hard to do what ever it was we had to do and therefore were within our rights to charge you a helluva lot for it!

I take it i just continue to wait out the remainder of the 40 days for my list of charges to arrive now,anyone?

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Hi Silver

Yeah thats basically a standard reply (as my very good friend paddy has already said)(i'll be over in april/may, paddy) so sit back have a read through the woolwich threads and you will see that although its a bit of a plod you will get your money back, (this is the good bit) without setting foot in a court:D

AL;)

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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  • 2 weeks later...

Hi everyone,

I have not been able to get on here for a while as the latest charges have meant i have been unable to pay BT or my broadband supplier so have been cut off!

I received a letter from Woolwich Collections a couple of days ago outlining my latest transgressions and how much they would be charging me i.e. £35 + £3 a day until i am back in the black. I was just about to send them a letter today suggesting they add these charges to the list and that they only had 20 days of the Dpa period left to supply me with them,when the postman delivered a list of charges totalling £1,784 as had been requested. This was supplied by a Stacy White, Case Manager.

 

This was not statements or a list of all my transactions so i could highlight charges myself, it was just a list of what they say i have been charged. Can i just trust this or do i need to do something else? Sorry i haven't got long to search around for the answer myself as i am not using my PC. So i hope someone reading this can help.

Cheers

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Hi Silver

the few instances i have read all the woolwich calcs are wrong, they are either (as you would expect) well short, but a couple have been over, i would have a good check when you get your statements 20/30 mins running through looking for penalties, just to satisfy your own mind.

 

AL:)

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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That is exactly the same as I received today from the same person, will they still send copy statements as well?

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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Well i would sooner have the statements, they were sending out statements last year but it must have been costing them a small fortune:D to do that. So they have resorted to the list mentioned in the SAR trouble is im not sure your print out shows interest added or the state of the account, which you could do with a statement. See how you get on.

AL:)

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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  • 1 month later...

Well, i haven't been able to get on the internet for some time, i have been waiting for new internet access to be installed.

Anyway in the meantime i have sent letter asking Woolwich to pay up! I only asked for basic charges that i could see had been taken on their provided list, in the absence of detailed statements.

I have received the "we endevour to see to this in our own good time reply" and on Monday their first 14 days of goodwill will be up, i will then give them another 14 days to reconsider their actions before starting action if necessary (probably!).

I have not added on any further charges applied to my account as i no longer put any money in this bank so they are charges in name only. I hope this won't come back to bite me! Or should i add to my next letter that i want any further 'charges' after claim dates removed?

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i wrote to the woolwich on the 19/02/2007 asking for a refund of £582.00 and was told on the 26/02/2007 that i would here from them by the 22/03/2007 i then received a letter on the 6th of march offering me £330 as a full and final settlement which i have wrote back and refused and also added on the other 2 charges of £35.00 each for going 18p over my buffer zone giving them 14 days or i will proceed with claiming through the court my claim seems quite small in respect to some of the claims i have been reading about i hope that they will settle soon could do with the cash good luck to everyone claiming

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Well, i haven't been able to get on the internet for some time, i have been waiting for new internet access to be installed.

Anyway in the meantime i have sent letter asking Woolwich to pay up! I only asked for basic charges that i could see had been taken on their provided list, in the absence of detailed statements.

I have received the "we endevour to see to this in our own good time reply" and on Monday their first 14 days of goodwill will be up, i will then give them another 14 days to reconsider their actions before starting action if necessary (probably!).

I have not added on any further charges applied to my account as i no longer put any money in this bank so they are charges in name only. I hope this won't come back to bite me! Or should i add to my next letter that i want any further 'charges' after claim dates removed?

 

 

Hi Silver

If you (or the woolwich) have not closed the account then charges will be applied if you cannot maintain a credit balance. All you need to do is to add them to your shedule of charges when you send your prelim letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html .

Do it right, follow the laid down proceedure and if they do try to bite at least you will have removed their teeth and they can then only gum you to death:D .

 

AL

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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  • 3 weeks later...

Hi All,

I have received an offer today of £1340 in full and final settlement (the claim is for £1700+) i will give it some thought as it is much more than their usual 50% offer. However i think this just shows that they know their time is nearly up with this particular money making scheme of theirs so want to settle up before they are TOLD to pay up.

I really don't like their attitude either so will probably decide to hold out for the full amount. I need to talk it over with my wife first.

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thats great news hun, but yeh ur right to have a think about it, coz they are still in the wrong holding on to some of ur money and if they ahve offered u that then they will pay the whole amount,

 

good luck with whatever u decide hunnie.

 

amandax

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I refused the offer I got that was about £200 short by email, got an email back the next morning offering the full amount....

Just some food for thought for you. They actually offered the full amount for charges but didn't want to pay the extra costs I'd asked for. When I said we'll let the judge decide they offered to pay them.

24 hours in a day... 24 in a case... co-incidence???

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