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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 160 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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Smile credit card


citybloke
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Hi

Had a reply from Smile regarding my informal request for the last 6 years statements on my credit card card account - The reply was as follows :-

 

hello Mr xxxxxx

 

Regarding your request for copy statements for the last 6 years, may i advise you that there is a charge of £5.00 for each statement and i require your confirmation that this is acceptable to you before continuing with your request

 

regards xxxxxxx

 

I am intending on sending the following reply - (it's restricted to 1000 characters for Smile secure messaging) :-

 

Data Protection Act disclosure request - Credit card account xxxxxxxxx

 

Re your quote of £5 per statement for my statements for the last 6 years. The maximum you can charge me is £10 for ALL of the statements !

 

Please supply me with a complete list of transactions and charges relating to my credit card account for the last 6 years. Alternatively a complete set of credit card statements for that period will be acceptable.

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, 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 busines with you.

 

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

 

You have 40 days in which to comply

 

If I do not here from you regards the £10 fee, I will assume this will be applied to my credit card account or send me details of where to send the £10.

 

Regards

 

xxxxxxxxx

 

Does this look ok ??....remember I am restricted to 1000 characters for this via Smile secure messaging.

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I'm going to say you should write this as a letter not as an electronic communication.

 

When it goes to court you need written proof - they can ALWAYS try to deny computer generated electronic communication if they wish to - hard copy letters signed and dated are not so easy to dispute.

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  • 2 months later...
  • 4 weeks later...

27 days since I sent my DPA request.

 

Had a reply after about 7 days saying that I would receive the info within the 40 days.

 

Should I send them a reminder or just wait until the 40 days elapse ?

 

p.s. The £10 cheque was cashed very quickly !

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I would send them a reminder:)

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'm about the same stage as you, got an acknowledgement quite quickly from them but was going to leave it until 7 days before the nd of the 40day period before sending a reminder via mail and secure message!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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You can send them reminders if you like, but I honestly don't see the point. You have asked them for the information and they have 40 days, so allow them that time. If they are having to deal with duplicate requests it will take them longer to deal with the originals. I haven't noticed smile not complying in time.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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34 days have passed and no statements/details of charges from Smile.....6 days to go..................

 

Had an acknowledgement letter from Smile after about a week, saying they would comply within the 40 day limit, so let's see if they do.

 

The clock is ticking........

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Received list of charges etc from Smile on the 40th day !...........however, they have only included 18 months worth and not the full 6 years.

 

I am now going to send the template letter from the library, giving them a further 7 days to comply.

 

If they do not comly, I will then apply to the county court to enforce that they comply with my SAR - (Subject Access Request).

 

Anyone else had this with Smile ?

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Glad to hear they eventually responded citybloke, Iam waiting 4 weeks allready myself, but did you originally send a template letter asking for the full 6 years of statements (as you are entitled to) ?

 

I think Smile are complying but they are still squirming a little bit where they can. They obviously hope to delay things as much as possible.

 

My first send of the template letter failed though I dont recall doing anything wrong, I quickly followed up a couple weeks later.

 

I hope you get the full whack soon :)

______________

22nd Sept MCOL filed vs smile bank :!:

 

27th Sept LBA amount paid by smile

 

6th Oct Full MCOL amount paid by smile

 

Result = :D

 

 

 

 

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Yes I sent the template letter from the library.

 

I phoned Smile yesterday and spoke to a very polite lady, who said she would look into my case and call me back.

 

Received a call back from another lady from Smile yesterday afternoon, who was very apologetic about the missing statements and said they were getting the remaining statements ready now and will post them out ASAP.

 

I'm off on holiday end of the week, so hopefully it will all arrive by then so I can send my letter claiming all charges back before I go on holiday !

 

Will update when I have more info.....

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please

Start your own new thread

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