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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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Non compliance SAR - Scottish Courts


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Has anyone taken Bank to Court for non compliance of SAR in Scotland?

 

I have made complaint to ICO, and have been very patient with Barclaycard but now as it is nearly 3 mths since request for information I'm prepared to force it through the Court. They're just taking the mick now, apparently info has been sent out to me twice!!!!! No way!

 

Any advice/help very welcome.

 

Thanks

Halifax paid out in full £3054 :D :D :D

4yrs later.......here we go again:(

 

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Hi Sleepyhead,

 

I am in a similar position to you and wondered if you'd had any luck yet?? BOS have failed to respond to my SAR and tomorrow's their deadline for getting my info to me... don't want to let this slide incase they try to stretch it out further!! Best of luck with yours!

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Hi CK

 

Thanks for your reply. Still no info from Barclaycard despite hasteners etc. Sadly no other replies/help to my question about non compliance procedure in Scottish Courts. I am in England for a few days visiting family which I do regular so I may well use English county court to kick BC up the bahookie. I used English court to get 6yrs back from Halifax rather than more complicated system in Scotland for 5 yrs.

Let me know how you get on.

Halifax paid out in full £3054 :D :D :D

4yrs later.......here we go again:(

 

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Hey,

 

Well I havehad a little bit more luck - although not much! I rang BOS and the guy I got through to a helpful a guy who i have been dealing with since. Apparently the bank have never recieved any of the letters I have sent (SAR and then the LBA for not complying with the SAR!) I told the guy that it was completely untrue as they had been sent recorded delivery...and my £10 cheque cashed! So he stuck me on hold again. It turns out that BOS now have a special dept for dealing with the repayments, ufortunately there is no phone number (even for BOS staff apparently to call!) and they can only be contacted by email...by BOS staff! My husband had success when he got to this point (he too only receiveds a small portion of the paperwork he asked for!) so I am waiting to be called back. I've told them I will still proceed with the court order, feel that if I don't then they'll keep on ignoring me!!

 

I can't believe what a struggle it is even getting our paperwork!! I wonder how many other people are in this position?

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I am also in same position and looks like i will have to visit the sherriff court tomorrow, i will keep u poted on how i get on, my initial request for statements was 19th dec so they r now way over time scale despite phone calls and faxes i have gotten nowhere.

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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Good luck on yours Lori! Who is yours with? The delightful BOS too?? Am feeling like I have lost sight of what I should be asking for, I need to just demand my statements and stop letting them mess me about!! :mad: Surely it's not that difficult?!

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Please let me know how you get on at Sheriff Court. I went today to basically to pick up info/forms which I will read later. They were unable to advise which form(s)/track I would use to get Bank to court for non compliance of Data Protection Act. Perhaps I'm the daft one here but I did think that they were there to help on this kind of query!

Halifax paid out in full £3054 :D :D :D

4yrs later.......here we go again:(

 

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http://www.consumeractiongroup.co.uk/forum/helpful-external-links/7054-data-protection-act-taking.html

have a read through this link it explains that the courts are not really sure themselves about which track you should use, i believe after reading this that it is possible to use small claims track, have a read over section 8 should clarify your position ( i hope). its not BOS for me its nationwide and if you look at my thread on nationwide you will find some more links for non-compliance.

hope this helps. x

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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Thanks Lori your help and link very much appreciated.

 

I've lost a whole day on here searching and reading up on court procedure and just realised I haven't even had my tea yet!!

Halifax paid out in full £3054 :D :D :D

4yrs later.......here we go again:(

 

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I know, lol it does take all your time and you really have to know what your doing but if you have any questions dont be afraid to ask someone will come along who knows the answer, people are very friendly dont be afraid to ask questions and dedicate some time to it (lots!):eek:

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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