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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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Requested via email


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Good. And very good that you have requested them by email. I think that the banks should be dragged into accepting the email culture.

 

However, I would advise you to speak with someone to make sure that they are expecting the email and later to make sure that they have recieved it. (Keep notes of the phone call - date, time, person, he said she said, etc

In this way you can head-off the usual "We didn't get it, when did you send it ... blah blah.

 

What email address did you use? Could you post it here on a new thread please along with an indication as to who receives it.

This could be useful for others.

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  • 2 weeks later...

well still nothing back despite sending them another 3 emails all requesting the info.

 

At the second email I had a personal assurance it had been handed personally to a bank account manager who would be in touch asap - that was about a week and a half ago"!

 

If they dont answer me how can I get my charges!

 

paul

Paul

 

11/12 - S.A.R - (Subject Access Request) Sent

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You will have to make a complaint to the IC under the DPA - see the library. However, they do have 40 days to comply with your request.

I assume that your email was a DPA request?

 

 

In the meantime, phone the Head Office and find out who is the person who is repsonible for DPA matters - there will be one.

 

The write to that person a copy of your emnail request - not a new request - an dpoint out that the clock is ticking and that he has only XX days to respond after which you will complain to the Information Commissioner.

 

Let us know.

 

If you get this name, please let us know.

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Hi,

 

the actual request was:-

 

"We are requesting a schedule of the charges and fees that have been levied from our account, for the last 6 years. We are entitled to this information under the Data Protection Act 1998. The schedule needs to include the date, reason, ie unpaid DD unpaid standing order, unauthorized overdraft etc, and amount of each charge and that we can be charged no more than £10 for this. "

 

And it was submitted on the 20/01/06 I see in the FAQ it is 20 days to comply.

 

I will wait until 20 days is up and then get the name of the person responsible for DPA matters and take it that way

 

Thanks

 

Paul

Paul

 

11/12 - S.A.R - (Subject Access Request) Sent

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Hi,

 

I have had a letter thus:-

 

"i refer to your recent enquiry regarding previous chges on your account. All charges are detailed on charge letters sent out on the day each charge is incurred and dated charges are applied and detailed on the account statements which are issued to you on a regular basis.

 

We cannot send out duplicate charge letters however if you require duplicates of these statements please note a fee of £5 is charged for this service.

 

If you want more help please phone 08457 203040"

 

ironically the place I phoned in the first place which told me they could not help me!

 

so if I pay the £5 will i still be in receipt of enough info or does it need to be more detailed?

 

cheers

 

Paul

Paul

 

11/12 - S.A.R - (Subject Access Request) Sent

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I don't see where you get 20 days from. On our FAQs?

A DPA request needs 40 days to comply. A Freedom of Information Disclosure needs 20 days.

 

I wonder if they are asking for £5 per sheet and that they expressed themselves poorly in their latter so it now sounds as if they want £5.00 for the lot. It is not clear whether they are actually agreeing to your request.

Send them the £5.00 straightaway, recorded and make it clear that the clock is running and give them the date once again that the request was first made. Include a copy of your orignal email request.

 

I have to say that it is not clear to me what kind of breakdown of charges you are entitled to receive from them: whether you have to accept whole statements or whether you can insist on a more deatiled statement if they have the system to deal with it. I'm not at all very cognisant with the DPA.

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"If you do not know the amount that they owe you over the past 6 years, then write to them asking for a comprehensive list of charges. Make sure that they are obliged under the Data Protection Act (1998) to furnish you with this information within 20 days of receipt of the request. If they deny that bank statement information is covered by the act, refer them to the Durant v FSA (2004) case, in which the judge presiding ruled that ALL bank statement information is personal information and is indeed covered by the DPA. "

Paul

 

11/12 - S.A.R - (Subject Access Request) Sent

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got this in email which is dated 4 days after the letter:-

 

I am sorry to hear that your request still has not received a response.

 

I have been in contact with our customer care department to find out the procedure for your request.

 

I am pleased to confirm that I have forwarded the request directly to the department who would action this.

 

I am informed that you will receive an acknowledgement of receipt and the request will be actioned within 40 days.

 

Please do not hesitate to contact me again in case of further problems and I will chase the department taking action.

 

I hope this will find a final resolve.

Paul

 

11/12 - S.A.R - (Subject Access Request) Sent

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I've checked it up and it is 40 days. The entry was wrong and I have corrected it.

Also I discovered that the clock starts from the time that the Data Controller has your request and the fee - so it won't start ticking until next week.

 

However, it does seem to me that you can apply for quite specific data.

However, I would suggest at this point rather than wasting your energy testing them out and then having a DPA argument that you settle for the statements and work it out for yourself.

If you make a mistake then make sure that it is in your favour.

if they can be bothered to do the sums then they can argue about it later and show you the actual figures that they are working on.

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well i never!

 

just had a phone call and have been advised that as its a specific request they will provide the information free of charge

 

Paul

Paul

 

11/12 - S.A.R - (Subject Access Request) Sent

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Bless!

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Guest stephen

paul

 

Is you requested under the dpa and not heard back, then

 

the write to your bank using the sample letter, then after 14 days submit a claim in to court,(if you have not had a refunded)i hope you an idea of what your cliam is worth.

 

 

here how you fill in the claim form ( best guess say your claim was for £2000.) then sumbit the cliam and were it says amount yo write i expect to recover no more than £3000.00

 

I bet you the bank will then give you the statements.

 

-

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Hi,

 

thanks for the reply

 

I have the statements and there are a lot of charges!

 

just want to know whats the next step???

 

cheers

 

Paul

Paul

 

11/12 - S.A.R - (Subject Access Request) Sent

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Hi,

 

Right just about to post this letter today however in the library the letter does not have a place for the amount or should I just leave it at requesting all charges back for the last 6 years and let them do the ading up?

 

Paul

Paul

 

11/12 - S.A.R - (Subject Access Request) Sent

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Hi,

 

Right just about to post this letter today however in the library the letter does not have a place for the amount or should I just leave it at requesting all charges back for the last 6 years and let them do the ading up?

 

Paul

Paul

 

11/12 - S.A.R - (Subject Access Request) Sent

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Hi

No if you can shcedule the charges and the interest then do so.

 

It will make it easier later and you can even use the schedule in your particulars when you sue.

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Hi

No if you can shcedule the charges and the interest then do so.

 

It will make it easier later and you can even use the schedule in your particulars when you sue.

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Hi

 

sorry to be a pain in the backside!

 

for the letter where I ask for them back should i just put a figure or list each charge?

 

I got the charges from them so would a figure do for now - it is the pay me back in 7 days letter or I will pursue

 

thanks

 

Paul

Paul

 

11/12 - S.A.R - (Subject Access Request) Sent

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Hi

 

sorry to be a pain in the backside!

 

for the letter where I ask for them back should i just put a figure or list each charge?

 

I got the charges from them so would a figure do for now - it is the pay me back in 7 days letter or I will pursue

 

thanks

 

Paul

Paul

 

11/12 - S.A.R - (Subject Access Request) Sent

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Assume that you are going to use it in court.

 

Set it out beautifully in a table - listed and totalled with a date for each charge. If yo take it to court you'll have to do this to calculate interest.

 

Did any of their charges put you into overdraft? You should add the interest you paid as well.

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