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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 
      • 81 replies
    • 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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Phillips v Barclaycard


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I have just been charged a fee for being over my credit limit, after interest. Is this the norm? Because if it is, it seems designed to confuse and force a charge on people. I called them up and they refused to credit me the over limit fee.

 

And all because they wouldnt do this I have decided to take back all my charges from the past 6 years.

Barclays - Going to court

Lloyds - LBA stage

Barclaycard - LBA stage

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Having read up on other peoples experiences where Barclaycard have responded mentioning that records are stored on a Microfiche, I have amalgamated the counter microfiche and data request letters.

 

15/01/07

 

 

Data Protection Act 1998 Subject Access Request

 

Dear Sir/Madam

 

Account Number: xxxxx

 

Please supply me with a complete list of transactions and charges relating to my banking history with you. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

In prior cases like this I understand that you have previously stated that data held on your microfiche system is not “readily accessible” and therefore not retained in a relevant filing system and as a result “does not fall within the class of documents to be produced pursuant to a subject access request”.I have recently since learnt that the Information Commissioners Office has ruled your microfiche system as a relevant filing system. I therefore expect you to satisfy my request in full.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch. Please find the required £10 fee for postal information with this letter. I look forward to your response.

 

 

Yours faithfully,

 

xxx

Barclays - Going to court

Lloyds - LBA stage

Barclaycard - LBA stage

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  • 1 month later...

I received a letter from barclaycard on the 6th Feb confirming that they have received my subject access request and that they will be sent to me within the 40 day legal time scale. However I sent the access request on the 20th Jan, so the 40 days limit has passed. How should I act? After reading these forums I they tell me to act to my timescale however what is the next step? I am tempted to wait 40 days from the 6th Feb (receipt of their letter) which is another 2 weeks. is this is what you would do?

 

Thanks guys:)

 

Chris

Barclays - Going to court

Lloyds - LBA stage

Barclaycard - LBA stage

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Anyone?

 

In addition on the 12th Feb they sent me a letter that effective immediately my credit limit is reduced by £250! Is this legal??

Barclays - Going to court

Lloyds - LBA stage

Barclaycard - LBA stage

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Hi there

 

The 40 days starts 2 days after the date of sending. I am currently in the same boat. What you need to do is send them a reminder letter giving them seven days to send you your documents. If you look at the 'Template Library' there is one on their you can use/alter to your needs.

 

With ref to them reducing your limit its prob in the small print that they can do it but it smacks of retaliatory action to me. Im not sure if its illegal, perhaps someone else can clarify???

 

If it were me i would send a seperate letter to customer services complaining and asking for full reasoning behind the reduction in your credit limit.

 

Good luck:)

Barclaycard

S.A.R sent 18/01/07 :o

7 Day reminder 02/03/07

Some statements rec'd 19/03/07

ICO Complaint 20/03/06

 

Alea iacta est

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Guest Mumofthreeboys
I received a letter from barclaycard on the 6th Feb confirming that they have received my subject access request and that they will be sent to me within the 40 day legal time scale. However I sent the access request on the 20th Jan, so the 40 days limit has passed. How should I act? After reading these forums I they tell me to act to my timescale however what is the next step? I am tempted to wait 40 days from the 6th Feb (receipt of their letter) which is another 2 weeks. is this is what you would do?

 

Thanks guys:)

 

Chris

 

Have a look at the letters in this link. They haven't complied with your SAR letter. I would be sending them letter 2. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

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  • 4 weeks later...

Thanks:) I took your advice and threatened to take them to court. They initially sent the first standard letter asking for a cheque etc which I thought oh know I am back to square one! bu then a few days later I received all statements including the microfiched ones. Theres a fair few late charges there, I will let you know how much. And send off the LBA soon.

Barclays - Going to court

Lloyds - LBA stage

Barclaycard - LBA stage

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