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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
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    • 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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Please could someone clarify what consitutes compliance with CCA request?


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Three months after a CCA request I have now received copies of statements going back 8 years, notice of assignment and copy of original application form for a credit card. The application form is signed by myself and creditor, however, does not contain any terms and conditions only refers to being bound by conditions of use should the application be sucessful. The document is headed Application Form.

 

I had previously written to the creditor after default, 12 working days plus one calender month, stating that I did not aknowledge any debt and that any debt could not be enforced. I stated that in my opinion they had commited a criminal offence by non compliance and any default notice should be removed.

 

1. Would the original application form constitute compliance to the CCA request without any terms or conditions relevant at the time of the application, in 1996, not having been supplied?

 

2. Should I just sit quiet and wait and see if they now continue to persue the alleged debt, despite the arrival of the documents three months after the request? Should I ignore any further correspondence?

 

Any help or advice gratefully accepted

 

George

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Under the Sixth Principle of the Data Protection Act, section 7 all data and information held by the data controller holding that information must be supplied to you under your SDAR within the specified time scale of 40 days from the date of the cashing of the cheque or whatever.

Failure to do this is a breach.......not an actual prosection offence by the Information Commissioners Office, their powers are very limited, they can and do only enforce offences.

When breaches occurr it is up to the data subject to consider what to do. .

 

In saying that you would have to prove that this particular breach caused you loss, damage and distress.

Right now there's only a slight chance of doing that ... you might later on in your dispute, I'll keep thinking.

 

Oh whats the name of the DCA??

 

Sparkie 1723

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