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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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ORANABANA & COOP (its a coop... no versus in that case!)


oranabana
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Here we go... not too much to claim, but I want every penny back! Its less than 200.00 over a period of 18 months (been too carefull before!).

Just emailed them a Data Protection Act request, asking for a list of al transactions etc, since the opening of my account, as I can't remember the date of account opening.

 

My question at this point - I have two accounts with them. A Pathfinder and a Current. Both of which have been hit with unfair charges. Do I request DPA and refund individually, or shall I ask for things to be dealt with for both accounts at the same time?!

 

Will keep you all posted to progress.

Cheers

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Hi there.

I believe as it is just one bank, it is just on request.

Therfore, the good news it that there is only one charge.

A DPA request is requesting all data that a particular bank or company holds on you, so wherher you have one account or ten with them is irrelevant.

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robbond55 is correct.

 

Unfortunately, by sending your DPA by email you could be allowing them several avenues for delay. Better to send by recorded delivery, along with £10 maximum fee.

 

Will it not suffice if you authorise them to debit the £10 from your account in the DPA letter?

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The problem with email is that you have no guarantee that it has been read. Usually you will receive an automated response - but that does not mean it has been actually read. If you could get hold of the Data Protection Departments direct email, then that would help.

 

Yes you can ask them to debit the amount from your account, however many banks have been using this as a means of delaying compliance.

 

By sending it recorded delivery, with the payment, and possibly now even with a photocopy of ID, they have no possible excuse. It is just really trying to close doors.

 

 

 

 

 

 

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thanks to all for replying, have not been able to get to a computer for some days, so only just noticed the replies.

 

The good news is, that I have revceived a written reply from the COOP, saying that they will provide me with this, if I could kindly sent them a cheque for GBP 10.00. I guess I will write to them with a cheque (or perhaps even just let them know to take it out of my account).

 

But its nice to see that they are responding to my e-mail (one sent to: [email protected], the other to the general e-mail from the website) in a proper and business like fashion. Will keep you posted. Off to make that cheque out now and to the post office.

 

Thanks

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Spoke to a very helpful lady today who listened patiently to my requst for a refund of charges. She then asked me to tell her the dates and amounts of each of the charges (total of about GBP 160.00).

 

She then aked me if I had read the terms and conditions, to whihc I replied: 'ofcourse, however i like to point out the OFT desicion of April 06, in which these practices of charging are deemed unlawful.

 

She then asked me to put the charges onto a list and sen them to the Customer Care Dep (Customer Care Department, Delf House, Skelmersdale, WN8 6NY, UK).

 

So letter is going in the post 2mrw. (Already requested a PDA for which I will need to sent GBP 10.00.)

 

will keep you posted...

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THREADS MERGED

 

Please keep all info in relation to this claim in one thread, thanks :D

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Well, just to keep u all posted with ongoings...

 

On the 17th of May I sent both a letter to the COOP with a list of unlawful charges and a letter asking for the disclosure of my account details, along with a cheque for GBP 10.00.

 

So waiting for a reply from them now. Also just realised that I have already had some charges refunded in the past - some of which I claim back now. Should I inform them that some charges have already been refunded and as an oversight I have asked for them to be refunded again?

 

OK, lets see where this is going.

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Hello COOP folks:)

 

Jumping on the band wagon here on the road to getting my money back. I emailed the COOP on the 6th April and ended up sending an email to Keith Alderson as they had breached the DPA rules. I got my statements and a nice phone call within 3 days.

Sent off today a request for £875, will have to break it down to two seperate claims if it goes to court (Scottish Law)

Had success with Cap One and hopefully the COOP.

 

Wish me luck and i'll keep you posted.

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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  • 1 month later...

The Co-Op has cooperated. No further action was necessary. Today I checked my account and there was an Adjustment item for the full amount. This happened to be the time, when I was thinking I ought to get back at them and start court proceedings.

 

Well, going to buy that motorbike now - amount refunded will cover insurance cost!

 

Thanks for encouragement! - and good luck to the rest of you!

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Thread Locked

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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