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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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A+L Card Debt sold to LINK


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Hi Nicole, the fact is they probably can't provide your agreement, you might get an application form but we'll have to wait and see......

 

Yes, I will have to wait a little longer until April 5th to see if they produce something and if yes, we need to check it is a true executed agreement

I think MBNA / A&L had problems with that before with some members here, so I will have to wait and see what they come up with (if anything)

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Have today received their "official SAR reply" (months overdue)

It is the same print out with charges they sent me the other day with a letter stating they didn't treat my request as an official SAR request and have therefore not cashed my cheque at the time. If I want to make a SAR request I shall them them a request indicating what information I require , include my payment and a photo ID and send it to them and they will reply within 40 days...? Are they taking the mickey ?

They have included a form they have prepared where you can tick what information you want. Interestingly there is a box you can tick to get a copy of your initial "Application" (not agreement)

As they have still not replied to my CCA request I am more and more intrigued to see what they send me in reply to that. By the looks of it all they have kept is the application ? How neat.

:cool:

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Hi Nicole, sorry I didn't see your post earlier....

 

Right, they are doing this to everybody, this is normal MBNA delaying tactics. You have to have your full SAR so return it with payment, cross out the bit that says application form and instead write "copy of true executed agreeement". Stick to your timetable.

 

I think they are struggling to provide information. I have had to start legal proceedings to force them to cough up my SAR. Whether that gets me anywhere remains to be seen, but like you, all they have been able to give me so far is a terrible copy of the application form.

 

I suspect MBNA are regretting their terrible filing system........:D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi All

 

I have also been ignored on my CCA and SAR , have complained to ICO and T/S and OFT joined in mass complaint awaiting replies and getting ready for court action if necessary to get agreement. Saving the S85 as back up, will let you know if I get any further .:roll:

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M, could you do me a favour and get onto our FSA Mass Complaint thread a little further down, contact Battleaxe who is currently compiling a complaint on behalf of all of us who have been treated with such contempt by MBNA.

 

Nicole, you too!! Thanks!!:D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Brilliant, thanks M, sorry I didn't realise, I am obsessing with telling everybody about, have probably told Nicole too!!:rolleyes:

 

I love my new name, Cornu, everybody calls me Corn, but that bloody Ladybird has taken to calling me Cornypoker. So am now calling her TurdyBirdy. I am 37 and a half, going on 5.:D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Quelle surprise!

 

This is EXACTLY the same as what's happening to me.....CCA time runs out for them 13th April, have had letter with an offer of refund of £86 (never asked for return of charges), no mention of CCA, a further letter today threatening default, + voice mail asking me to call them. Not quite sure yet when I am going to reply to them - would like to leave it as near to the end of the 12 + 1 month so that they can't rush around and suddenly come up with the agreement - but perhaps need to warn them about defaulting??

 

What do all my learned colleagues think??

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Turdy, I answered this on my thread!!! You need to write to them and tell them that they cannot do any of the above as they are currently in default of the CCA and if they do you will sue the pants off them as it will be unlawful.

 

Love, Cornypoker :p

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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At least cornypoker bears so resemblance to your user name......Turdy:eek: :eek: :eek: , well that's a bit of a damn insult if you ask me, so you now owe me one bottle of Pinot.

 

OK, I know I should be writing to them, but I don't want to give them the chance to come up with an agreement!!!

But I'll write tomorrow, if you say so:rolleyes:

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LOL!!! It's TurdyBirdy, how does that not bear a resemblance!!!!:D

 

I doubt very much they will be able to come up with the agreement! Leave it if you want, I just thought you wanted to stop them in their tracks.

 

Oh and M, Cornucopia's literal Latin translation is "Horn of Plenty" but it also means abundance. I just like it cos it's a nice word! Am rather embarassed now, an abundant horn of plenty, well that says it all really!!! LOL!!!!!:D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I could shorten it to Turd.:cool::D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi Cornu

 

Best laugh I have had all day :D . I will be writing again to let them know they haven't complied with CCA etc ,just incase they have lost the first and the one before that and the one before that.........

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Does anybody know the answer to this one, by the way ?

Once the 12 & 30 days for producing the agreement are up

and if they do not provide it, I will take further steps like report them to Trading STandards for their offence, ask for consolidation etc etc

And once that is all settled, can they then wait until 2008 when this section of the CCa is repelled completely and then pursue us all again ? May this all be in vain when the Act changes next year ?

I was told (and I assume this is correct) that the CCA changes in April this year affecting all new Credit Agreements and as from 2008 all agreements will be affected by the changes. So is this a potential pit fall ? Or did I misunderstand something ?

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I will join the mass complaint, it has to be in by 31.03 ? I must rush it then

Hi, Corn , no you didn't ask me before, so will check out the relevant thread and see what I need to do.

 

Hi Nicole, sorry for hijacking your thread this afternoon, the Turd is completely out of control!!:rolleyes:

 

Right, you need to post your intention to complain and then PM Battleaxe who will provide you with her email address. She will need the complaint to comprise of :

 

Your name

Account number

E-mail address

 

A no more than A4 page detailing your complaint and any other information you wish to add.

 

31st is cut off.

 

All information is kept completely confidential so please don't worry about that!

 

:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi Nicole99 - sorry for hijacking but just wanted to say I'm watching with great interest as I too have had an A&L/MBNA card since about 92 and I'm still waiting on my CCA which was sent on 1st March. Like m.willows I'm saving the S85 for last and I've also told me Dad about it and he reckons he's had his A&L/MBNA card for about 30 years!! His CCA went in post last night!

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Does anybody know the answer to this one, by the way ?

Once the 12 & 30 days for producing the agreement are up

and if they do not provide it, I will take further steps like report them to Trading STandards for their offence, ask for consolidation etc etc

And once that is all settled, can they then wait until 2008 when this section of the CCa is repelled completely and then pursue us all again ? May this all be in vain when the Act changes next year ?

I was told (and I assume this is correct) that the CCA changes in April this year affecting all new Credit Agreements and as from 2008 all agreements will be affected by the changes. So is this a potential pit fall ? Or did I misunderstand something ?

 

Hi Nicole

 

Read -Loan Company cannot suply original agreement- Baconbutty man .This has some info about this in this thread.

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Hi Nicole99 - sorry for hijacking but just wanted to say I'm watching with great interest as I too have had an A&L/MBNA card since about 92 and I'm still waiting on my CCA which was sent on 1st March. Like m.willows I'm saving the S85 for last and I've also told me Dad about it and he reckons he's had his A&L/MBNA card for about 30 years!! His CCA went in post last night!

 

It is always worth doing it I think. By reading other peoples posts and threads it appears MBNA is getting under more and more pressure it takes them longer and longer to provide documents

I have still not received anything from them in reply to my CCA request.

Roll on 5th of April !

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OK, still no agreement. MBNA has committed an offence now

Have phoned Trading Standards who have passed this to the local TS responsible for MBNA (I suppose this is Chester)

I have also stopped payments

I guess I now have to wait and see what happens next

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There are a few rumblings on the CCA thread about some sort of complaint to TS as they have told some people they will NOT prosecutefor breach of Act. So keep an eye open, we may need you to contribute to complaint - it's just a bit difficult as TS are geographic, so we can't all complain to the same one.

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