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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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Claiming beyond 6 yrs - important new information!!!


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Hi Hank

 

Do I do this in a rejection of offer letter?

 

 

 

Yes

 

Also when you mention witness statement is this part of the allocation questionaire?

 

 

No this is not until you do your bundle.

 

Will pm you photoman

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Isn't the witness statement part of your court bundle?

 

I've just done my AQ, so it isn't in there. Is it part of the info on the draft directions?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Here's a letter which may need tweaking (be my guests) but should be forwarded to every mp and newspaper editor in the country or should we start a fund to serve orders on every bank to prevent them doing what "I would do if I were them!"

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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Dear Mr George,

 

Regarding Bank Charges.

 

AN IMMEDIATE ORDER NEEDS TO BE MADE AGAINST THE UK BANKS TO PREVENT THEM DESTROYING EVIDENCE OF [edit] GOTTEN GAINS IN THE FORM OF BANK CHARGES (FROM 6 YEARS BACK AND BEFORE)

 

It strikes me that the UK banks have been involved in a deliberate act of Concealment of [edit] in so far as they all knew that they were making huge [edit] profits from the proceeds of Bank Charges on the basis that a "reasonable person" paid these charges in the belief that they were legal and represented "legitimate cost of application" (most banks swear this is still the case despite insurmountable evidence against this fact).

 

My point is that Banks owe the clients money going back as long as they have been applying and concealing these facts (not just six years) and they will try and miss-quote the statutory time limitation as a reason why they only need to go back 6 years (when in fact it is the client who has six years (From when they discovered that they were being abused in this fashion) to do something about it.

 

A "Reasonable person could not have been aware of the penalty charge scenario until Feb of last year (when the OFT announced its concerns) So they have until Feb. 2012 to do something about it before they are time barred by the six year ruling.

 

Put it another way. If a bank discovered undeniable proof TODAY that a member of staff had [edit] £1 a day, 5 days a week for 20 years (£5200) would the bank then say "give us back the money you [edit] for the last six years (£1562)" OR "you owe us the money that we have just discovered you [edit] plus the interest we would have earned on that money had you left it where it belonged" ???

 

Banks only need to keep 6 years of records by law, and whilst they will claim that they are acting lawfully in shredding and burning everything older then six years old many of the banks hold longer records if not ALL records and would now benefit from destroying them (conveniently) so as not to provide claimants with the evidence they require to pursue monies [edit] obtained from six years ago and before.

 

What do we need to do to prevent this possible travesty of justice?

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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Thanks for taking care of the legal bits zoot !

 

I feel quite strongly about this and I dont want to be saying I warned you the [edits] (save you the trouble) would do this in six months time.

 

PS

dont you think the word [edit]can be a little vulgar at times ? why couldnt we use more colloquial words such as:

Illegal, crime , theft or steal etc

 

.....just a thought

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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Hi, everyone this my first time on this site, I think its great. My head is spinning with all this information. You guys have answered my question, of can I go back more than six years. This is great news. Thanks everybody. I'm about to write my first letter to Nationwide. I'll keep you posted.:)

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Food for thought its a bit white collar though, and

by the time my local coppers respond to a crime it is likely to be time statute barred !

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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Dear Mr George,

 

Regarding Bank Charges.

 

AN IMMEDIATE ORDER NEEDS TO BE MADE AGAINST THE UK BANKS TO PREVENT THEM DESTROYING EVIDENCE OF [edit] GOTTEN GAINS IN THE FORM OF BANK CHARGES (FROM 6 YEARS BACK AND BEFORE)

 

It strikes me that the UK banks have been involved in a deliberate act of Concealment of [edit] in so far as they all knew that they were making huge [edit] profits from the proceeds of Bank Charges on the basis that a "reasonable person" paid these charges in the belief that they were legal and represented "legitimate cost of application" (most banks swear this is still the case despite insurmountable evidence against this fact).

 

My point is that Banks owe the clients money going back as long as they have been applying and concealing these facts (not just six years) and they will try and miss-quote the statutory time limitation as a reason why they only need to go back 6 years (when in fact it is the client who has six years (From when they discovered that they were being abused in this fashion) to do something about it.

 

A "Reasonable person could not have been aware of the penalty charge scenario until Feb of last year (when the OFT announced its concerns) So they have until Feb. 2012 to do something about it before they are time barred by the six year ruling.

 

Put it another way. If a bank discovered undeniable proof TODAY that a member of staff had [edit] £1 a day, 5 days a week for 20 years (£5200) would the bank then say "give us back the money you [edit] for the last six years (£1562)" OR "you owe us the money that we have just discovered you [edit] plus the interest we would have earned on that money had you left it where it belonged" ???

 

Banks only need to keep 6 years of records by law, This is not correct, as far as i can make out there is nothing to prevent them keeping records for as long as they deem necessary. The six year 'rule' is a myth perpetuated by the banks, the companies act requires public companies to hold account data for 6 years (private companies 3, thanks to Zooman for pointing this out). The DPA does not specify any max or min retention period and the often quoted money laundering regs only apply to suspicious account activities if i have understood them correctly. and whilst they will claim that they are acting lawfully in shredding and burning everything older then six years old many of the banks hold longer records if not ALL records and would now benefit from destroying them (conveniently) so as not to provide claimants with the evidence they require to pursue monies [edit] obtained from six years ago and before. if they have a policy of data destruction which says they destroy data beyond a certain date then they are allowed to do this and arguably must do this once the data is no longer of any use. the time periods are determined by the data controller and no one else.

 

If an organisation destroys data outside of this policy after data has been requested i am sure there is some redress although I'm not sure which bit of the DPA would be applied since i haven't looked for this specifically.

 

What do we need to do to prevent this possible travesty of justice?

 

If you want to generate a letter for people to send to MPs on this subject can i suggest you start a thread in the campign forum with a draft, possibly this one and we can all chip in and try to put something together with you.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Looks good,Ill address this later (got to work for now to pay some charges for the guys!)

Thanks for the input glenn

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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BBA - British Bankers' Association - Dormant accounts

Have a look on this page Wanna... it has all sorts on there.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

here's the template for the standard SAR.

You could amend it slightly to cover any logs on computer, any disclosures to third parties, and legal action past or present between you, and confirm that you want information on any account held by you with them.

Give them some copy ID, confirm previous addresses and your D.O.B. and yes I'm afraid it will cost £10, plus recorded delivery.

 

Hope this helps.

 

 

Good Morning,

 

To update,,,,,,I called BBA this moring on 020 7216 8909, and spoke to a lady there and asked about my closed a/c with Natwest and if I filled in a doormant form online,,,,,,,,,then she said because my account was closed and not doormant it wouldn't apply/work,,,,,I asked how then could I get my old account number or details and she said "you cant,,,bank will only go back 6 years!!!!" ,,,,,,,:-o ,,,,,,,Please, please tell me she is wrong.......thennnnnnn,,,,straight after and during this posting, got a call back from the company who used to pay my money into my Natwest account all those years ago and a very, very nice man gave me the account no. and sort code they paid into.......:) , so, now I have the account no....what do I do,,,,,,shall I go back into the bank this morning and ask when account was opened and closed so I know what charges or statements to ask for,,,,,the SAR I was very kindly shown does not say anything about 'certificate of destruction, etc etc',,,,,,,

 

Any advice?

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Good Morning,

 

 

To update,,,,,,I called BBA this moring on

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hope this helps.

 

 

Good Morning,

 

 

To update,,,,,,I called BBA this moring on

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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This is weird ive tried to reply twice now and each time nothing happens.

 

I said start your own thread and send me a pm ill try to help. all my claims have been on closed accounts and half have been where i didnt have the account number.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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cant seem to start a new thread,maybe its because im new on here.

 

i have an account with barclays which was closed 2005,i have asked for and got my statements on micro fiche for the last 6 years,i was just looking for the link so i can template a letter to try and get the 10 years before that.

thanks anth.

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Hi just came back from court , Natwest application to strike out the claim under section 5 of limitation act has been denied and a full hearing has been allocated by the judge. Can a mod please pm me.

well done mate 1 nil at half time good luck

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