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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.

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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.
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      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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HSBCrusher v HSBC - The Battle continues.. claim 4 ready to go!


HSBCrusher
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Nah, just a "to the point" phone call and a letter, then the offer came in.

I suppose there is no need to stall the process, as they already know what I will do!

Waiting to see if they close my account, but not any sign of that yet.:rolleyes:

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  • 1 month later...

glad its sorted chilli.

 

anyway, just been on the phone.

I had a letter from everybody's favourite listening bank.

I changed over all my dds 3 weeks ago, but a load of them have just been taken from this account, and then returned. Que- loads of charges. In fact I have had (wait for it) £520 worth of charges since I had my first refund, most of them in the past 3 weeks!

So, and this might be BAG history, I have claimed for the 3rd time from one bank account!

The account is to be closed, so I have offered to pay up the remaining overdraft minus charges and call it even. They will get back to me tomorrow.

I will be having a bit of fun with HSBC, watch this space.:D

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  • 2 weeks later...

My claim took about 6 weeks start to finish. I still await a letter from the bank confirming or not confirming they will accept my offer to pay back the OD minus any charges. I am going to have to write another letter about that methinks.

 

I also have a bit of a plan I have put into action. I have sent off a new data request asking for details of all manual interventions concerning the closing of the account! There must be some records, and I have requested any notes, emails or other written correspondence. We all know that these accounts are being closed on the second claim, so the reason for closure isnt "commercial", it's because a complaint has been made a second time. As I assume they have not been expecting this request, I am expecting some quite "juicy" information, which I will have to use according to its content when it arrives.

 

I have been keeping this secret, so dont tell anyone;)

 

(I expect the letter any day now as the 40 days are up!)

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  • 2 weeks later...

OK, latest.

 

cant get any sense out of anybody I have talked to.

 

I have an OD to clear, I wanted to pay up less charges, they are not wearing that.

 

So, I have decided to pay it all up, and have let them know I will be claiming back the £700 or so charges inposed in the past couple of months.

 

In fact, this is going to prove to be lucrative for me because I will be charging the contractual rate of interest on what they have taken, and I recon there will be enough extra to take my wife out for dinner;)

 

Its all a bit long winded, but I wasnt getting anywhere fast, and they will still have to cough up these rediculous trumped up charges. Ooh, they make me mad :mad:

 

So, here we go, a third claim against one account, gotta be some sort of record I recon.

 

Oh, dont think the data protection issue has gone away.... it hasnt!

 

Crusher:D

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If there is just the one claim on each account you should be OK, of course you never know.

 

If 14 days have passed, then its time for your LBA.

 

All the best with your claim, You are about a month or so away from your money, sooner if you are lucky.

 

Crusher:D

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  • 2 weeks later...

I have got a bit behind with this claim, but I have managed to get going with it again.

 

I have just sent this letter....

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated 4 September 2006.

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

After notification of closure of my account I requested data relating to that closure, which is a reasonable request.

 

I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you over the past 6 years. I do not require bank statements as I have all this information already.

 

I am sure that you do not need reminding that it is a legal requirement for you to provide this information. I do not think the bank can take such an action as account closure without any internal emails or other communications, and I am entitled to see them according to the data protection act.

 

 

Yours faithfully,

 

love

 

Crusher XXX

 

 

Also, confirmation the account is closed arrived today, so a prelim has gone in for the 3rd claim against the worlds local bank.

 

har har

 

cough cough

 

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Yes, you are right, they are becoming very lax indeed. I understand that they do not really want me to have this information because it is likely to be dynamite.

 

There is a very distinct lack of threads about this.... I wonder why.

There was this from barracad about HSBC a while ago...

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/8922-hsbc-admit-they-profit.html?highlight=dynamite+barracad

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  • 5 weeks later...
I received my letter from HSBC this morning confirming their intention to defend. Whilst I am more than happy to see this through to the bitter end, do you think that they will be stupid enough to face me in Court?

 

NO!

 

(just my opinion of course!!!! :D )

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They normally send back the cheque.... I don't know why they do this.

 

Whether the cash the cheque or not, they must comply with the data request.

 

I'm really curious to see what the swines saw on your account closing notes.

 

I am too!!:D

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  • 2 weeks later...

hello splang.

 

I have to confess, I have not been able to do so.

I have been very busy at work, and it's been left half done.

(and lets be honest, the banks rely on the fact that some of us can be lazy!;) )

 

thanks for the kick up the backside... I will do it right away! :D

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Moneyclaim has gone in, another 80 quid! :mad:

 

(thanks for the offer uniboy :-D)

 

Oh well, not expecting too much correspondence as it's coming up for Christmas.

 

When will these guys learn... I'm not going away am I?

 

I have claimed twice already, I have taken them to court once already. What do they expect?

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Mr Langdale sent a letter today.

He sent me a letter AGES ago asking for a schedule of charges in relation to this claim... I replied of course with said charges schedule.

Letter today written as if he had never heard of me before.

MCOL went in days ago.... silly people.

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