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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
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    • 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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GE money say they unable to retrieve transaction history!!


deemoney
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Decided to check for any charges on my Debenhams card. Sent off my S.A.R on 1/2/07. I then received the attached letter;

 

 

 

 

 

 

 

 

 

PO Bo.>

 

 

 

 

 

 

 

 

 

21 March 2007

 

Dear Miss

 

Data Subject Access Request

Debenhams Account:

 

Thank you for your letter dated 1 February 2007, regarding your Data Subject Access Request. Please accept my apology for the delay in my response.

 

I have carefully noted the comments in your correspondence, however, I must advise that after extensive enquiries, I have been unable to retrieve any transaction history for your Debenhams account. Due to the amount of time that has elapsed since your account has been used the transaction details have been removed from our system. We have been unable to retrieve any statements from our archives, as they have not been retained.

 

I appreciate this does not fully meet with your requirements and apologise for any inconvenience this may cause. This is certainly not our intention and I om sorry we are unable to provide the information you have requested on this occasion. As a gesture of goodwill I have arranged a cheque for £10.00 to be sent to you under separate cover. This will arrive in the next 7-10 working days.

 

Please accept my sincere apologies once again. If we can be of any further assistance, please do not hesitate to contact us.

 

Yours sincerely

 

David Cunning ham Customer Service Manager

Any ideas how I should reply to this letter. I was pretty sure that these establishments were supposed to retain this information for at least 6 years. some guidance would be appreciated.

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Hi, I'd be very surprised if they don't have the data. You could try the following letter:

 

 

 

DATA PROTECTION ACT DISCLOSURE REQUEST

 

 

 

 

Section 7 – Data Protection Act 1998

 

Dear Mr Cunningham

 

Important – You should read this carefully

 

Account Number: ****************

 

Thank you for your letter dated 21 March 2007.

 

Please note that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You state that you are unable to retrieve any transaction history for my Debenhams account. I find this difficult to believe since the Inland Revenue expect companies to hold ALL their (and therefore by default their customers) account/business transactions for at least 6 years and, allowing for delay in tax accounts processing, this, in some cases, means companies are obliged to hold at least 7 years' worth of data.

 

Taking this into consideration please note I require A COMPLETE LIST OF TRANSACTIONS AND CHARGES RELATING TO MY ACCOUNT HISTORY WITH YOUR ORGANISATION. Alternatively, a complete set of statements, appropriately filed, for that period will be acceptable.

 

If you fail to comply with this request I will have no alternative but to refer the matter to the Information Commissioners Office and, without further communication to you, file a N1 Form at my local Court, and take legal action against you for Non-Compliance. I will also ask, at the discretion of the court, for compensation in relation to all additional costs I have incurred due to your non compliance (e.g. fees for legal advice etc).

 

 

Yours sincerely,

 

deemoney

 

If they have taken over 40 days I'd report them, it seems to speed them up.

 

Worst comes to worst you can claim for estimated charges every month that the account was open. It is up to them to provide your data to disprove this. Suzy H received this from GE: 'Where statements are missing we have made an assumption that a fee was charged to ensure you that you do not lose out financially. I have therefore removed a further £18.00 for each missing statement to over compensate. A total refund of £270.00 will be sent to you under separate cover.'

 

You should read her thread: http://www.consumeractiongroup.co.uk/forum/store-cards/40553-suzy-h-ge-capital.html#post319551

 

Bump

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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Thanks for the letter mr bump, I'll send it and see what they come back to me with, you never know they may surprise me!

 

It's funny that they can't find the necessary information when we request it but should they need to commence recovery action they always know the exact amount owed :mad:

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