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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
      • 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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Please Post How Far Back You Have Managed To Obtain Statements


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For clairifcation the SAR from the template library asks the bank for all your charges and transactional details for the whiole account history but this would not automatically mean every bit of information they hold on you.

 

The DPA allows for subjects to ask for specific information rather than requesting everyhting.

 

If you want everything not just details of transactions and charges then you should considere revising the SAR from the template library to gfit your needs.

 

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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two members have sent me letters from barclays stating they hold 12 years worth of data.

 

HTH

 

Glenn

  • Haha 1

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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Nearly forgot HSBC showed me a copy of my original agreement on their computer screen recently, the account was closed around ten years ago!

 

I haven't had a response to my SAR as of yet so we'll see what they say.

 

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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As usual very carefully worded

 

However, as advised in your earlier e-message, I confirm that, as per the Data Protection Act's terms and conditions, we are not allowed to keep customers information on our records for more than six years. Please note that this ruling applies for all banks within UK. A falsehood, the DPA doesn't specify any time periods in this respect.

 

As such, please be advised that it is not our intention to destroy any of your records which are more than six years old. To comply with the DPA the retention of data musty be necessary and this would have to be allied to some policy for retention. The DPA doesn't preclude then destroying data after a few days or weeks if its not required, on the other hand it would be reasonable for them to hold data post account closure for the while account history for at least six years without question since this would or could be argued to allow them to protect themselves from claims arising out of the contracts and limited by Sec5 of the limitations Act. However, under the Data Protection Act ruling, we are obliged to action this. They are but the DPA doesn't specify any time frames, the Act expects the data controller to justify the retention periods for data.

 

Therefore, as advised in your earlier e-message, I regret to inform that we are unable to provide any statement copies which exceeds six years ago. The clincher, if you have used the template from the library you have not asked for statements, only data.

 

As usual a lot of half truths and untruths coupled with a denial of something you havent asked for.

 

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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  • 2 weeks later...
Had an interesting conversation with Lloyds TSB yesterday.

 

It appears that there was a changeover of their filing systems in 1993.

Prior to that, statements were held in some sort of hanging file system.

The system at this point was then changed over to a computerised system, and anything prior to 1993 was not necessarily retained (although it was not made clear if it was outright destroyed or put onto microfiche first).

Anyway, The copy statement unit should be sending me copies of all statements actually back to 1993 very soon (by mid next week).

I shall post on this thread when I recieve these.

 

Other interesting point that came from the conversation.

I have already received some screen printouts of records of letters sent to me, and each entry has a code next to it. I asked about these.

It appears that the codes refer to the various template formats of the letters, and I was told that these refer to the various types of standard computer generated letters. It was admitted that the letters are standard templated letters, and also that they are sent out by a computer.

The codes are virtually identical in each case.

 

Jez

 

I dont suppose you record your calls by any chance do you?

 

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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Share on other sites

 

I feel in this case it would justify estimated claims being put in, since Abbey did this at a time when they were aware of their liability to give refunds to customers. Would anyone else agree?

 

Sadly not. The Data Controller can determine the company policy for data retention and change it as they see fit. NOtwithstanidng other reasons for them to hold data, the DPa doesnt provide any guidance as to how long they have to hold data and places the choice in the hands of the data controller.

 

 

However, if you were to ask for data and it was destoryed outside of the company policy then its possible that would be breach and could give the subject a right to sue not sure which part of the DPA this would be though off the top of my head.

 

An estimated claim would in these cirscumstances be a reasonable respose, however, i would sue under the DPA sec 7 for failure to comy and use the estimate as a claim for damages under Sec 13 i think it is.

 

This is efectivley what i will be doing to GE moeny they lost some data and therefore i will estimate a claim and sue them under the DPA.

 

HTH

 

PS sorry if im peeing on the camp fire, make sure you dont stand in the smoke.

 

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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