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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
        • Like

MacBoy Vs. Halifax and Hello To the Group!


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Thanks Dusary - yes - that's part of the plan. I'm also going to fire off my new 'response to partial disclosure' letter. Had enough of their faffing around now :mad:

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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Hmmm.. yes i noticed that too - the indignant pleading that he/she was only trying to help, yet failing to explain the subtle digging about 'test cases being prepared'. Nah - I'm not buying 'hbos' at all... smells funny.

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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Maybe so did a mod!

 

I don't mean that the mod smelt funny ..... I meant ........

 

 

Oh! S*D it! You know what I meant!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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:D:D:D:D Yes, Dusary... I know ;)
  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

Have you seen my latest info see ( here #338 )from Information Commissioner's Office?

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

Link to post
Share on other sites

Yes... most encouraging.

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

Crikey!

 

That was quick!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

Link to post
Share on other sites

Hannibal is always watching, Dusarrrrrrry....:cool:

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

Whoop! Whoop! ::::UTTER INCOMPETENCE ALERT!::::

Those wonderfully capable Halifax people have only managed to send me DUPLICATE current account statements to the ones they've ALREADY sent me

 

My god - will this lunacy ever end?

mad0260.gif

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

Whoop! Whoop! ::::UTTER INCOMPETENCE ALERT!::::

 

 

 

Those wonderfully capable Halifax people have only managed to send me DUPLICATE current account statements to the ones they've ALREADY sent me

 

My god - will this lunacy ever end?

mad0260.gif

 

 

 

They just don't get it do they. Thats all 3 of us now MacBoy. Duplicate accounts for one account.

 

They are reading this you know. They are!! They are classic! Totally inept.

 

Send that rat through the post to Trinity Rd! Registered mind you!

 

They will sit up then.

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"Si!...send el raaaat too Haleeeefax..."

 

 

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

"Yesss Meester Fawlty... I use Special deleeevery otherwise bad man hit Manuel..." ;)

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

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Share on other sites

Just finished a conversation with the Halifax. Spoke to a 'Customer Complaints Manager' who, although apologetic for this morning's cock-up, YET AGAIN gave me the 6 Year fob-off. I made my case that their obligations under the Data Protection Act are to provide ALL the data they hold about me and account for anything they cannot provide. I requested that a case number be assigned.

 

I am now going to deploy my 'Incomplete Disclosure' letter from the other day, containing the case number from today, PLUS the name of the manager that 'assisted' me. In doing this, I will be doing all I can I believe, to prevent these idiots fouling up again - and hopefully will also be tying my letter to this afternoon's conversation. I shall send a copy (clearly watermarked as such) to their Compliance department; in addition to the copy I am sending to Customer (Dysfunctional) Relations.

 

In addition to confirming in writing my agreement with HFX today and their commitment on the phone, the letter will also serve as as a 14 Day LBA for Data Protection Act non-compliance.

 

I shall simultaneously commence my complaint to the Information Commissioner because I have now had it with these fools. No more forbearance.

 

If anyone thinks I might be doing the wrong thing (or that I'm wrong about their obligations to provide me with all the data they hold about me) I'd love to hear any thoughts, suggestions and feedback. Thanks in advance!

 

Mac

 

(draft copy of my letter, which I'll change slightly to reflect today's conversation) here.

 

Will post actual copy up here later for review and, all being well, send it (Special Delivery of course Mr. Postie! ;) ) in the morning.

 

Cheers

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

That missive in full:

:rolleyes:

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998 - (Subject Access Request - Response To Incomplete Disclosure)

 

Current Account - Sort Code NN-NN-NN Account no. NNNNNNNN (X/NNNNNNN-N - closed)

Credit Card - Account Number NNNNNNNNNNNNNNNN (plus predecessor accounts)

 

Dear Sir/Madam,

 

Case Reference: NNNNN - Handling Manager - Xxx Xxxxxxx (NAME)

 

With reference to a telephone conversation held today with the above-named manager, I have today been provided statements from closure of the above-numbered current account on [date], back to [date]; which are duplicates of statements already sent to me on [date] (and which are still incomplete).

 

Curiously, I have also been provided with some credit card statements ranging from [date] to [date] only. As you are well aware, my current account dates from [date] back to [date] and I have had a credit card account with you since [date].

 

This was in response to my original request under s.7 of the Data Protection Act 1998 sent on 30/03/2007, accompanied by the appropriate fee, which was subsequently cashed by yourselves.

 

I would like to remind you that your obligation under s.7 is to supply all data held by your company irrespective of the age of such data. If you contend that you do not hold such data before a given time, please could you confirm this in writing by providing the relevant certificate(s) of destruction for the data I require, by the date set out below?

 

Please note that I am not prepared to accept any ex curia representations regarding company policy or any cited legislation, which you may provide in explanation of any incomplete delivery of the information I originally requested. As a Data Controller you are required to fulfil your obligations within 40 days of the receipt of such request; namely the provision of a complete copy of all the data you hold about me. The time period for compliance in this matter expired on [date]. As of the date of writing, you are 54 days out of compliance.

 

In addition to the statements, I also require copies of any additional data held about me by your company. However, as a gesture of goodwill to allow you sufficient time to comply, I shall extend this time period for a further 14 days, as agreed with Ms. Xxxxxxx.

 

If you fail to supply me with the remainder of the data that you hold prior to [date] for the current account, plus the complete set of credit card data within this period; together with any additional data you hold, I shall commence court action to enforce compliance immediately. There will be no further discretionary extensions, nor any further direct communication from myself.

 

In addition to the above action, I shall be making a complaint to the Information Commissioner regarding your organisation's lamentable performance in the exercise of its responsibilities under the Data Protection Act 1998.

 

I look forward to receiving your response.

 

 

Yours faithfully

etc.

(2 copies - one to Data Controller, one to Compliance Dept.)

Manuel_que.gif

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

Hi MacBoy

 

Just in. Weather glorious!!

 

Had a quick look, but I want to devote more time to it, rather than rush. Will set aside time specifically for that purpose and we'll catch up!

 

On another vein, this is quite an interesting link re a hero, glasgow style!!

If you flick thro the tributes you'll find mine. Same name as here.

 

John Smeaton - Hero For Our Time · One Brave Weegie Takes on al-Qaeda

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HUGE Thunderstorm here too :roll:

 

Great find Kenny - saw this guy on Sky earlier - he is a true hero...

 

Have pledged a pint for him - but it looks like his server's just crashed - wasn't me! :D

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

MacBoy- howz it!!!

 

I think it is great. Well done. Sending to different departments and particularly the Data Controller is a good idea. (Think I read somewhere else that they sent another SAR format letter to the Head Office.)

 

The Customer Manager Team themselves don't ask for information requested in any letter from us as a matter of routine, from what i've picked up and what happened to me. They might if pushed send an internal e mail. All the information going to that team is however scanned onto their system so they can readily access it. Takes a day or so to do this. Thats to your advantage later on, if required.

 

Your SAR covers perfectly well the clock ticking re non compliance and should be handy later, if needed. However, they might not actually read it and notice the changes. But, does that matter????

 

Remember and I think this is where I've had difficulty, that they are not integrated in any way between the different financial groups that form HBOS. So how do we cover that?? I'm asking you here! Don't have the answer myself yet. Does HBOS only have 1 data controller or is there one for BoS, Halifax, Chester, Visa, etc.

 

Do you know all of your account numbers- the predecessor accounts.? If so, include them.

 

Change appropriate fee to whatever the fees were perhaps. £10.

 

Thoughts?

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Kenny

 

Thanks for the thought-out and insightful feedback. Take your point about the Customer Relations teams - objective here is to try and get it to the people that actually care about compliance, so that there's some downward pressure in addition to the illogical merry-go-round that is the current arrangement for people like us at this stage (quite deliberate too IMHO).

 

As far as the integration goes, I am hoping (because we cannot know how to navigate their labyrinthine company structure on our own), that again, providing a copy to a professional head office function will also apply a little peer pressure in the right places. If not, regroup time again (except this time we'll regroup in court :D).

 

Here's hoping :roll:

 

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

HUGE Thunderstorm here too :roll:

 

 

Tell me about them!

 

I drove back to Aberdeenshire from Perth through 10 separate ones.

 

Including when I was overtaking a lorry that sent up a tidal wave of water - so much so, that even the windscreen wipers couldn't cope! I just held on for grim death!

 

Looked at the missive!

 

It looks fine by me (having read Kenny's comments). Note that the ICO writes off to the banks at the end of each month with their batch of complaints.

 

(Wonder how many Royal Mail lorries are involved?)

 

But, nevertheless, I'd run off to ICO and include a copy of your latest missive as well. After about a week ring them. They'll tell you your case number.

 

Hang right on in there!

 

I can see *finishing* posts around.

 

Why should you have any *FORBEARANCE* ? ? - They didn't with us!

 

I'm off to walk dog and check the ATM to see whether the loot is there, yet!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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