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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
      • 160 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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bitupsetreally v RBS


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Hi all,

 

Just to let you know SAR sentt to RBS via Special Delivery today - am kind of expecting a bit of a battle but I guess Cobbetts awaits:-o

 

Account in good order bar a few over the top payments and DD rejections.:-|

 

Should i go for contractual interest or offer a pre lit pay now and forget the interest???:confused:

 

Ginger - I am not but my cat is!

Stage 1 - RBS SAR sent 05/03/07

Statements recieved 25/04/07 - £1483 + £88 o/d int

LBA dpa sent requesting ALL data held 09/04 with original 40 day timetable..

Clock is ticking........;)

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CI - it's your decision - seems to be decided on how much are you prepared to fight? Even go to court for it???

  • Haha 1

Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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Hi Essix,

 

The more I read from these pages the more confidence I get form those who have chased it. Am happy to go to court with it (with the support of CAG which is clearly there...):)

 

I guess the answer is dependant on the values!

 

Thanks

 

Ginger

Stage 1 - RBS SAR sent 05/03/07

Statements recieved 25/04/07 - £1483 + £88 o/d int

LBA dpa sent requesting ALL data held 09/04 with original 40 day timetable..

Clock is ticking........;)

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If you do opt for contractual interest, a couple of "how do you do this" questions will not be enough to get you through, you will have to do the leg work, get a lot of reading in on the arguments as to why you DESERVE to claim CI, read through model claims (people like Likelylad, mcuth).

  • Haha 1

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Thanks T4ff,

 

I keep coming back to these pages to review as much as I can while I wait for the Statements to be returned, theres a lot of success stories giving me confidence to fight for CI:)

 

I'll keep you updated!!

 

Ginger

Stage 1 - RBS SAR sent 05/03/07

Statements recieved 25/04/07 - £1483 + £88 o/d int

LBA dpa sent requesting ALL data held 09/04 with original 40 day timetable..

Clock is ticking........;)

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  • 3 weeks later...

BTW - just been offered the FULL amount back I'm claiming (no interest) 4 weeks after I sent the prelim.....

Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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Congratulations!!!:)

Nice one essix!

A.

Stage 1 - RBS SAR sent 05/03/07

Statements recieved 25/04/07 - £1483 + £88 o/d int

LBA dpa sent requesting ALL data held 09/04 with original 40 day timetable..

Clock is ticking........;)

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  • 3 weeks later...

hi All,

 

bit of an update - had my statements back, exactly 6 yrs worth, and have calculated RBS owe me 1483 in charges and 88 overdraft interest, before applying any other interest (e.g contractual or 8% statutary). I have sent back a LBA dpa for the previous years banking and manual interventions within my original 40 day timescale as below.....:)

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 04/03/07. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

 

1) You have failed to provide a complete list of transactions and charges – Namely details of transactions prior to 28th February 2001. My banking history with you starts on or around June 1989.

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 10 days to comply.

 

 

Let's see where this takes us!!!!

Stage 1 - RBS SAR sent 05/03/07

Statements recieved 25/04/07 - £1483 + £88 o/d int

LBA dpa sent requesting ALL data held 09/04 with original 40 day timetable..

Clock is ticking........;)

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  • 2 weeks later...

Hi all,

 

Update two.....

 

Following a prompting phone call to customer services I recieved a letter from Joyce Tudor in regulatory risk, with reference to my reciept of statements..

 

" you advised that you have not recieved your statements I did'nt, I said i had not recieved all the requested statements I have re-ordered them today and they will be with you a soon as possible

 

Manual Intervention

with reference to your request concerning any 'manual intervention' to the administrative charges debited, I thought they were penalties these charges have been processed in accordance with the terms and conditions of our current agreement with you as a result of the activity on your account. In the event that you breach the terms and conditions , we will take the appropriate action , contacting customers where appropriate , or handling customer enquiries regarding their account status. When a customer has raised a concern in relation to this process, the decision will be communicated to the customer and where appropriate noted on the account. thoughts anyone.....? I have drafted a letter below but would appreciate you input as I have not seen this paragraph on the site....:-?

 

if you have any queries relating to this matter please do not hesitate to contact me at the address shown above.

 

Yours sincerely,

 

 

Joyce E Tudor

Retail Regulatory Risk.

 

See response letter.

 

Dear Ms Tudor

 

Date Protection Act 1998

 

I am in receipt of the your letter dated 26th April 2007, and thank you for your unprompted response. I have enclosed my previous letters addressed to your XXXX Branch for your convenience.

 

In the interest of clarity, I have not advised that my statements have not been received, I have advised you that the information is incomplete as quoted below from my letter to your XXXX Branch received by yourselves on the 12th of April 2007.

 

”1) You have failed to provide a complete list of transactions and charges – namely details of transactions prior to 28th February 2001. My banking history with you starts on or around June 1989.

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing“

 

 

 

With reference to your comments as to Manual intervention, I still require under s.7 all notes and documents relating to these. In addition I require a true signed copy of “our current agreement”.

 

I would like to remind you that your obligation under s.7 is to supply all data held by your company irrespective of the date of such data. I would also remind you that you are required to fulfill your obligations within 40 days of the receipt of request. The time period for compliance expired on 15/04/2007.

 

As a gesture of goodwill I shall extend this time period for a further 21 days. If, however, you fail to supply me with any personal data that you hold prior to 28/01/2001, within 21 days from the original expiry date, I shall be making a complaint to the Information Commissioner in addition to seeking court action to enforce compliance.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

Stage 1 - RBS SAR sent 05/03/07

Statements recieved 25/04/07 - £1483 + £88 o/d int

LBA dpa sent requesting ALL data held 09/04 with original 40 day timetable..

Clock is ticking........;)

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im not really sure of opinions here but with regards to the letter.....firstly I think your are being EXTREMELY kind giving them 21 days. I would think 7 is more like it and the threat of filing a claim for non-disclosure.

 

Last sentence, I would change I have to tell you to I would like to stress

My only issue with the manual intervention bit is how relevant is it to you? For claiming back charges, all you need are your statements and I haven't seen you mention anywhere that there are other issues you need to address.

 

The reason I say is that you could end up sending letters back and forth arguing about manual interventions when you don't NEED them and wasting time that you could be using to get your charges back. Just a thought....

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Thanks T4ff, good point about the manual interventions - I guess I am being a bit bolshy really:rolleyes: ! My only concern with them is that I know on a number of occassions these have caused refunds or adjustments and this does not show on the statements - but then I guess they would need to prove this as it works in my favour!

 

Do you think it is worth chasing the true signed copy, as the "manual intervention" bit strikes me as trying to build a case that they were administration charges as opposed to the penalties we know them to be..:?

 

Lastly - yes I think you are right - over generous, although I was trying to say 21 days from the original expiry which would only give them until tommorow which when I think about it doesn't work either!!!!

 

7 days it is!!:) and i will update the info commisioner element

 

Much appreciated!!

 

A.

Stage 1 - RBS SAR sent 05/03/07

Statements recieved 25/04/07 - £1483 + £88 o/d int

LBA dpa sent requesting ALL data held 09/04 with original 40 day timetable..

Clock is ticking........;)

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Are you sure they don't appear on your statements? I would have thought any credit or debit to your balance - even a manual one, would appear? I know that manual refunds of charges that the branch used to do for me used to appear on my statements.....

 

Well to be perfectly honest with you, I didn't ever get any MI stuff and I got all my charges back. I think this information is more for those going after defaults (though I may be wrong). I've never really understood the benefit in obtaining them (but I've only ever need to claim for charges).

 

Is this a credit card then? If you are asking for a true signed copy of your credit agreement? I don't think a request for this falls within a DPA request, but a CCA request (all these acronyms :D).

 

To put it simply, you have to think about what you are trying to achieve and what you need to achieve it. If all you are going after is bank charges, the only thing you need to do this is statements. Whilst by rights RBS should give you EVERYTHING and you are well within your rights to do so, it won't get you to your goal any quicker. Concentrate on your statements IMO.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hi T4ff,

 

Thanks for your info.. :) True, i can't really see the point of Manual interventions, but it is a bit stragne they don' show up - but it may be that the removal occured before they hit the account etc..8) I think I may be uneccessarily flogging a dead horse really:D

 

No, it is a current account for standard charge reclaim, but the bit about "our current agreement with you" made me wonder... more because I had'nt seen it in my research on the site, but it probably is not that important.. The key bit is to try to get the statements pre 6 yrs, i have tried my branch but they are not so helpful now as everything to do with charges has to be dealt with via customer relations...

 

I will send the base response out to Ms Tudor in reply and delete the manual bit as you rightly point it is giving an opportunity to waste time to the bank.. and they don't need any help with that!:rolleyes:

Stage 1 - RBS SAR sent 05/03/07

Statements recieved 25/04/07 - £1483 + £88 o/d int

LBA dpa sent requesting ALL data held 09/04 with original 40 day timetable..

Clock is ticking........;)

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Hi,

I'm a new member to the forum. I'm about to send my second letter off to RBS today as they have failed to resovle within the 14 day time frame. I've forgotten the aknowledgement letter they sent me at home with the Scotish head office address on it. can someone let me know what the address is please?

 

thanks

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Henderberg,

 

In future best off asking questions like this in your OWN thread, not just randomly hijacking someone's post ;)

 

You will find RBS address in a sticky at the top of the RBS forum - there is one in each forum for each bank.

 

Good luck ;)

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Ging, the CCA bit isn't relevant (for your purposes) for a current account and as you rightly say is giving them an opportunity to delay.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Cheers T4ff,

 

Advice much appreciated:)

 

Here goes round 3!!!!!;)

Stage 1 - RBS SAR sent 05/03/07

Statements recieved 25/04/07 - £1483 + £88 o/d int

LBA dpa sent requesting ALL data held 09/04 with original 40 day timetable..

Clock is ticking........;)

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