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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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Avoid being charged in the first place...


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However IT staff of necessity need to perform system testing, and have carte blanche to browse copies of live accounts, 18 million of them at a time.

 

Which in itself would be a breach of the DPA. Testing with LIVE data is specifically mentioned in the act.

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To be strictly precise, the names of account holders will be randomised on the test copy of recent live file to protect confidentiality. But the randomising formula is hardly GCHQ standard. It is not realistic to randomise the numeric amounts or account numbers as that would upset the entire applecart.

 

IT have no alternative but to perform system testing as close to Production conditions as possible using high-volume data of maximum complexity and variety. A half-hearted dress rehearsal will not expose surprises which could turn out disastrous upon go-live. A trade-off between 2 dangers.

 

 

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You are correct, however the DPA distinctly mentions the problem and clearly states that LIVE data may not be used for testing.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Live datasets, in practice more likely 1 to 7 days old, are available for IT to browse and determine the cause of urgent problems. In practice a subset of such data reduced in volume to save time , with names randomised, would be fed into system testing to simulate live running as near as possible. IT staff are aware they are given unique privileges out of inescapable necessity. They would not dream of divulging account details, and are aware that abuse of privilege is a sacking offence.

 

This would be comparable to war games using live ammunition, without which simulation value would be greatly reduced. As such data is

 

already out-of-date,

has been deliberately modified to protect confidentiality,

and only a subset is used,

 

then such data would not fully qualify would it, as "live" data?

This hole is deep enough now, so I shall stop digging.

 

 

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  • 12 years later...

This topic was closed on 10 March 2019.

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