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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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Hi Evo - If you word your SAR in such a way, the £10 fee will cover YOU as a Data Subject and NOT each of your accounts.

 

What I'm saying is, using this in your letter;

 

"I request all data held by [insert Big Nasty Bank Name Here] about me, as a Data Subject under the Data Protection Act"

 

You can give some account numbers and sort codes/roll numbers to help them identify you. But - if you do it this way - one fee of £10 SHOULD cover every account you have with them.

 

Avoid their £5 fee for two reasons, therefore;

- This isn't the "statutory fee" required under the DPA, so they 40 day period will never start until you've paid it. Even if they don't cash your cheque, which is what happened to me, the 40 days start from the day they receive it.

- They will probably want £5 per account anyway. If, as suggested here, you have another account anyway, send the £10 DPA fee as another other accounts with the Bank will be included.

 

Just my opinion, but I have 4 accounts (don't ask!) with Halifax and one payment of £10 got me ALL the details I needed.

 

I agree with moneyhelp too, there will be some expenditure from your side - stationary, postage and, more importantly, time understanding the legal issues at hand and preparing for Court. For some people, this is a killer, but I'm so fired up about this that I'm willing to do what it takes to enforce my LEGAL rights against these oppressive organisations that believe THEY make and enforce the LAW in this Country.

 

Power to the people!

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