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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 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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Baby Boy Jasper v Goldfish


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When i spoke to someone at Goldfish regarding statements for the past 6 years, i was Quoted £5.00 per statement?! so if me maths is rate that comes to £360.

So if I send a cheque for £10 do i only get 2 statements.

Has anyone else had this problem?

Has anyone been sucesful in claiming back from Goldfish?

Ta very much, great site!

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Baby boy Jasper,

 

Don't let Goldfish bully you. Do not make telephone requests.

 

Start the ball rolling by sending the Subject Access Request letter and attach the correct fee of £10 required by law. That is what the law says. If they refuse to comply after 40 days, they would be breaking the law. Send your letter RECORDED delivery.

 

The person you spoke to on telephone maybe inexperienced in your request.

 

The following links may help:

 

Step-by-step instructions

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html?highlight=library

Contact details of banks

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html

Good luck

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I sent my SAR to Goldfish with £10.00 cheque which they tried to pay apply to my CC account, but cheque bounced! Thought I'd c****d up but was just about to send a postal order when low and behold statements arrived along with a letter basically saying that they knew why I was asking for the statements and offering the difference between my claim and the OFT's recommended £12.00. Have just replied rejecting with modified prelim let saying thanks but no thanks and adding compound contractual interest. Lets see what happens now. Good luck, just send SAR with £10 and take it from there.

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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As bennyowen says RECORDED of course!

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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  • 1 month later...

I have received confirmation today from Goldfish regarding my request for statements (D.A.R.).

They say that the 40 days to carry out this request should be concluded by 14 April '07.

Oh & they have also taken the £10 payment (postal order).

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  • 1 month later...

It seems ages since I was on here last, anyway I have received copies of statements & an offer exactly 40 days to the day that I requested them.

It seems they have carried out all the work & come up with an offer.

The list of charges are on one page with two totals.

1 are the actual charges they say they have charged me since March '01.

The next total is their offer which is an insult. Basically it is £550 less than the charges they have taken off me.

The accompaning letter goes through all the jargon of "we feel the charges are fair & we have now set the target to £12 charge level as set by the OFT"

They want me to sign & accept this approval of the 'offer' in 'full & Final settlement of my complaint.

The account has been over it's limit for a while even though i have no card & the fact that they 'closed'? it over 2 years ago.

The refund would be placed into the account.

However, the account is not used now as they have issued a 'Default Notice fee' to it as well (& charged for it) Plus, I am having to pay the account back through a debt managment scheme.

 

Please could someone advise me please as what to do next!?:confused:

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Carry on with your claim, send a letter saying you are disappointed with their response and that you will accept this amount only as partial settlement and that you will proceed with your claim as stated. What happened to me is that they then came back to you offering the full amount less any interest that you may have added on. I had added compound contractual interest to my claim. At this point I accepted, but it is totally up to you if you want to proceed with the interest aspect. In my case it was all done and dusted quickly. It started exactly the same as yours, with my statement came their calculations of what they presumed I would be asking for.

Good luck - not that you will need it - they obviously know that they have to give it back sooner rather than later so dont tend to waste their time (or ours) by taking it to the wire like some other banks are!

Hope this helped - I know it is encouraging to hear of others succeeding.

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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hiya-i had a goldfish account which was closed a few years ago-what address did you send sar to jasper?

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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hi jasper-what phone number have you ben contacting tham on-i dont even have my account no so i need to contact them first to get it-thanks

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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  • 2 weeks later...

I sent Goldfish a request for statments and they took 38 days to send them. They had totalled all my charges for me and it came to £875. They said that as a goodwill jesture they will refund me £299. I sent them a Letter Before Action letter saying no, I wanted the full amount and they had 14 days. ON the 14th day,today,I got a letter saying they admit no wrong doings but as a goodwill jesture, they will refund me the £875.

I WIN, THEY LOSE!! This site has helped me alot.

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Hi Jasper

 

My LBA went to Goldfish on Friday (I had a similar response and offer to my SAR as you). I then received an offer to refund all the charges (but not interest) on Saturday as a response to my Prelim.

 

I am however going to push on with my claim for contractual interest (around £500).

 

Hopefully you'll have your 100% charge refund letter through shortly

 

G

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hi -i'm worried-sent goldfish my sar-letter on april 30th but not showing as received on tracking -since had a letter from capquest saying they now own debt-sar not up til june 9th-any advice please

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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Hi jubaxt,

I had the same happen to me regarding the tracking.

No one had actually signed for it at their end.

However I did eventually receive a letter from Goldfish stating that they had received the request & that it would be dealt with within 40 working days.

It's when you get a letter of offer from them that you have to laugh (or cry) when they insult you with the 'stupid' low refund.

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I got the letters etc off them. I got the letter saying they will refund the £875. Im still wating for a cheque off them. The account was closed but I owed £25. When I called them today, the account is now 0 and closed. But she says on her screen there is no copy of the letter of acceptance I returned to them nearly 2 weeks ago. I have said to her that my account has been paid off with part of my £875, so wheres the rest. She is going to make some phone calls for me.

On her screen, she said that a letter for the refund of £875 was sent out to me. They are waiting for a response!! I said I sent it over a week ago, recorded delivery. She couldnt explain how my account was now paid up when Ive made no payments!

I said I need an answer by tuesday! Keep you posted.....

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