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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 
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    • 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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Subject Access Request (not for statements)


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I am having terrible trouble with my Bank over a fraud issue (Iwon't bore you with the details).

 

I have been trying to access either transcript copies or telephone recordings of the conversations that were held on my account. I have been told by 2 different members of staff in the fraud department that they have 3 of the conversations, yet I received a phone call yesterday from one of the 2 members of staff now stating that they do not have any information recorded nor do they have any information typed on the account i.e. when a person calls the call center the operator makes notes of the conversation on the screen for reference purposes.

 

The reason for me wanting this information is that I need to satisfy my mind that the Bank have conducted security properly & I need to make sure that that they did not prompt the person for passwords etc. This particular Bank have a terrible habit of prompting and being very lax with their security.

 

I did ask should this case go to court (i think they have caught the suspect) obviously I would have to attend, you are not going to produce telephone recordings are you? the reply was er er er no. I have asked for the conversation to be confirmed by email.

 

I want to send a Subject Access request, but obviously I want to word the letter to request Full Data held on my account i.e notes from call centers etc.

 

Can anyone give me an idea of how to compose this as I just cannot get my head around this to word it correctly.

 

Thanks

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Hi Billnomates, i'll be your friend;) :p

 

Phone calls are suppossed to be recorded for training purposes and then destroyed after 2 weeks how ever i have proof that one of mine was held for 3 so i would be interested to read the laws under which these actions should be carried out.

 

If they do have a recorded call, they are only obliged to send you a transcript, and i challenged mine as incorrect and then you get no more replies.

 

It may depened on which bank you are with and under what laws they record your calls.

 

The notes that they make are very basic on the system, and should most definately highlight more that security checks have been made but sadly they do not.

 

if you want to obtain a telephone conversation just write and supply the date and time and your wish for the transcript.

 

Hopefully someone else will shine some other direction you can take on this matter, but from my experience they will cover each others backsides no matter what.

 

May be try repeating this thread under the bank section of the one that you are having problems with I hope you atleast get some resolve or further than i did. :(

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Hi Billy

 

The Data Protection Act S.A.R - (Subject Access Request) from the templates library is excellent and with few modifications should suit your purpose.

 

I would add something like this.

 

For your convenience I have outlined below a summary of the information that I require.

  • All computer screen notes relating to the the account
  • All computer screen notes relating to transactions that have gone through the account
  • All computer screen notes relating to transactions that have been refused or dishonoured
  • All Internal messages or notes relating to the the account
  • All Internal messages or notes relating to transactions that have gone through the account
  • All Internal messages or notes relating to transactions that have been refused or dishonoured
  • Full details of managerial decisions whether to pay an item or not, who took the decision and why
  • All recordings of any telephone conversations, whether internal or external, relating to the account
  • Copies of any e-mail's, or other electronic communication's, whether internal or external, relating the account
  • Copies of all letters relating to the account
  • All information relating to litigation that has taken place on the account

This is not an exhaustive list by any means, it is just an example of some of the information you have failed to send.

 

Incidentally, I issued a claim for non-compliance against Nat West and recieved details of telephone conversations dating back to 1992, they have them.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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S.A.R request cover ALL information that a bank hold on you. If you make it clear on your request that you belive there are conversations recorded then they should be supplied to you as well. They would be in very serious trouble if they didn't supply you with the information and then it "appeared" at the court stage!

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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Blue,

 

The annoying thing is they have admitted that there a 3 conversations held on the 8th January and I rang up on the eve of the 8th to report the fraud, I know the Banks state that some calls may be recorded for training purposes.

 

We all know that all the calls are recorded as what would happen should the bank want to dispute something, or even take court action, it would be pointless to only record some calls as the banks would have to be hopeful that the information they needed was one of those that had luckily been recorded etc.

 

Of course should anyone want any information regarding this matter, you always get I am sorry we have no records of the calls. As for the operator making notes regarding the calls, some operators write more than others, but they do have to make a summary of the call on your account. I just want them to prove their innocence, because I have doubts that they are guilty.

 

I have wrote up every conversation I have held with them from the 8th Jan and to be honest they have admitted so much, I just need the proof to put my mind at rest.

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Thank all sooooo much, I have no doubt that they have the conversations them as 2 members of the fraud department have admitted that the suspect spoke to a different operator 3 times, but now they are saying that they do not have any information, not even typed notes on my account which the operator would have typed up if even only the bare minimum.

 

I knew that this would happen, but I sent a letter requesting that all telephone recordings must be kept, I sent the letter the day after the fraud happened, of course I sent it special delivery, so they cannot come up with the excuse they no longer have them.

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