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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 
      • 81 replies
    • 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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Hi folks

I joined a wee while back but haven't actually posted anything yet.

I'm hoping someone can offer me some advice. I'm trying to claim charges back from a bank we no longer use so I don't have the worry of them closing our account.

I posted my letter off asking for details of all the charges on the 6th March, they would have received it on the 7th so 40 days from the 7th would have been yesterday (16th April). So far all I have received is a letter confirming that they shall be able to supply me with the charges, acknowledging that they have 40 days in which to do so and asking me to note that "if I have requested any information relating to manual intervention on my account, there is no specific mention of manual intervention with the DPA and as such they are under no statutory obligation to record or provide this information" :confused:

Can anyone shed any light on the letter they sent me and advise on what my next step is ?

Thanks in advance.

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Thanks for that.....have just printed it off.

Any ideas what they mean about..............

 

"if I have requested any information relating to manual intervention on my account, there is no specific mention of manual intervention with the DPA and as such they are under no statutory obligation to record or provide this information"

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Guest louis wu

If the banks employ someone to manually look at your acount, type letters, etc then they could justify charging you £30-£35 for this persons wages.

 

We all know its computer generated, but we ask the banks just to prove that there is no manual intervention.

 

Not explained too well, but I'm sure you get the idea

 

Louis

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Posted my letter of giving them 7 days to respond, got in from work tonight and theres a letter from them saying they're aware the end of the 40 day period is nearing but due to the high volumme of requests they've had they're not yet able to supply me with the details. Ehem....the 40 day period has passed, not sure where they're counting from.

 

Hope I don't have to report them as I could do without the hassle...lol

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Guest louis wu

Yes, it is a hastle, but it may be a necessary one.

 

It has been unusual for quite a while for the banks to delay in sending out the statements, but just lately, I have noticed a growing trend where the are delaying again.

 

It will be up to you how much time you give them, but at some point you will have to decide that enough is enough.

 

Keep us posted

 

Louis

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  • 2 weeks later...
Guest ChloeJane

Hi,

 

Frustrating with their delays.

 

You can either choose to wait, or you could file against them in court and have them ordered to supply the information.

 

Just to recap though before taking this step.

 

1) Did you use the template letter on this site?

 

To check click the link here

 

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

 

2) Did you send £10 with your request?

 

If yes to all the above, and you have sent the non compliance letter, then to prevent further delays you have two options.

 

1) File with Information commissioners office a complaint. Link here.

 

Data Protection Complaints – Information Commissioner’s Office (ICO)

 

2) File an easy form in your local court - Cost £35.

 

Link here.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

The above template is easy and you copy and paste easily into this court form that is a pdf online that you can use and print off at the end when you have completed it.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

It is a simple process! You add £100 for costs - and £35 court fee.

 

You will get these back.

 

If you need more information...just ask...or helping filling out the form!

 

CJ

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