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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
      • 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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Silly question.....


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Hi,

 

After looking through the site, I am aware of the different steps that I have take in order to claim back my bank charges, however I am having difficulty locating the templates. At the moment I just need a template for the Data Protection Act letter as I shred my bank statements every few months! Does anyone know where I can find it? I just need to know the legal information that I have to include! Sorry to ask such a simple question!!

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:)Thank you that is very useful, sorry to bother you further but I am having trouble obtaining my banks address of the data controller....the website doesn't like me!! Can I send it to my branch?

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  • 1 month later...

Ok it took a while to get started:rolleyes:, I got a bit (a lot) distracted, but have now sent off the DPA, but not to the branch but to the Data controller. I sent the letter by recorded delivery, will it be 40days from when the bank send me a reply acknowledging that they have received the letter or from the day they should receive it (tomorrow, it was sent 1st class).

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  • 2 weeks later...

ok, so the bank has recieved my letter, however they mentioned that they are under no obligation to provide details of mannual intervention under the Data Protection Act, should I dispute this? This is what they put in their letter:

 

 

Thank you for your recent letter requesting details of charges applied to your account. I confirm that the bank shall be able to supply you with the copies of your bank statements for the period requested, which will detail your transactions/charges.

 

We confirm receipt of your £10 fee.

 

Within the terms of the Act we have 40 days from the date the fee was paid in which to provide you with the information we hold, and we forward this to you in due course.

 

Please note if you have requested any information relating to manual intervention on your account, there is no specific mention of manual intervention in the Data Protection Act and as such we are under no statuary obligation to record or provide this information.

 

If you require any further assistance, please do not hesitate to write to us at the Advice Quality Unit- Charges Section, Third Floor, Brunswick Point, Wade Lane, Leeds, LS2 8NQ quoting the above reference.

 

Any help would greatly appreciated.

 

 

Adeline x

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I had a similar letter to you, and Michael is right it isn't vital to your claim.

 

I rang the ICO and asked their opinion, and while I didn't get a definitive answer on whether this letter is strictly accurate regarding the banks legal obligations under the Data Protection Act, they suggested that I make a complaint to them and include a copy of the letter, which I am going to do. They said I don't need to wait for the 40 days to expire to do this.

 

You can complain on line following this link if you want to pursue the matter.

 

Information for the public - Ensure your public information is protected - ICO

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Cheers...I'm not sure, It's my first claim and it's going to be big......I don't want to annoy them even more, maybe they will be nicer if I don't report them!!!:p

 

In my dreams!!

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I think you're right about YB being nice in your dreams. LOL

 

The thing is the more they are allowed to get away with, the more they will try it on. Still plenty are reporting them at the moment so I think the ICO will be well aware of the problem. Probably best to keep it as simple as possible, but you will find they are quite hard nosed so you will need to stand up to them. In the end though, as with all bullies, if you stand up to them they will back down and pay everything they owe you.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 months later...

ok, so I have finally received the statements and worked out the charges, although the step by step guide suggests that I do not request the 8% interest, however the template prelim letter states:

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken.

 

 

Is it best to include the interest or not?

 

Cheers,

 

Adeline x

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Hi,

 

Personally, I won't be including the OD interest in my claim but only because I am rubbish at maths and can't work it out accurately. I think it's pretty much up to you. You should only include the interest you have been charged on your charges though (each time you have gone over your authorised OD limit) the banks are allowed to charge interest when you are in your overdraft but haven't exceeded it.

 

The 8% should not be included at this stage. This is what you ask the court for - if it gets as far as the court of course.

 

I hope this makes sense??:)

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Indeed it does! I thought it would be best to leave it...as for working it out I fully intend to get my oh-so-clever-Oxford-university-graduate boyfriend to do all the nasty maths for me!! tee hee...he has to be useful for something!!:p

 

cheers for your advise!

 

Adeline x

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The advanced spreadsheets calculate the interest for you. It's only called advanced, because the formulas are a bit more complex, but all you need to do is put in the information and the spreadsheet does the work for you. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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