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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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Whats a notepad?


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Not as stupid a question as you may think, this is from The Co-op DPA response letter (was for Smile):

 

I acknowledge receipt of your request for copies of notepads and transactions on the above account since this was opened. Under the Data Protection Act, this is referred to as a Subject Access Request

 

Does this mean I'm going to get a stack of spiral bound notepaper with random biro scribblings on it? :)

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It's basically a section that they can type in, keep records of points made on phonecalls etc. A bit like a word document. For example, it might say 'Letter sent in response to DPA request' and the date or 'Rang up to complain about charges. Advised to blah blah'.

 

:)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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It's basically a section that they can type in, keep records of points made on phonecalls etc. A bit like a word document. For example, it might say 'Letter sent in response to DPA request' and the date or 'Rang up to complain about charges. Advised to blah blah'.

 

:)

 

Ah gotcha. Thanks for the explanation :)

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Yep, that's right - it's the automated notes they write each time you call. So, when they put you on hold and say, "I'm just reading through the notes" that's what they're looking at.

 

If they send them to you, they will be printed on paper and state the date and time of call and what was discussed.

 

Have they asked you to provide any more info/send ID/fill in a form and asked for payment or anything?!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Have they asked you to provide any more info/send ID/fill in a form and asked for payment or anything?!

 

I sent them £2, they wrote back and asked for a tenner. Even put in a pre-paid envelope for my response too.. although I chose not to use it and send it recorded 1st instead so I can keep tabs on it :)

 

The exact words were..

 

If you wish to continue with your request then please forward a cheque for £10.00 in the enclosed pre paid envelope and arrangements will be made for the information to be provided within 40 days of receipt of your cheque

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They are right asking for a tenner, that's the MAXIMUM fee it will cost you for them sending you all this info, required under the Data Protection Act - don't send them anymore

 

I chose not to use it and send it recorded 1st instead so I can keep tabs on it :)

 

You're right to this, I personally send it all recorded - they have no excuses then and it only costs one pound!! :)

 

Good luck and keep us posted!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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They are right asking for a tenner, that's the MAXIMUM fee it will cost you for them sending you all this info, required under the Data Protection Act - don't send them anymore

 

Thanks, I know that - but as I said in another thread when you're doing god knows how many of them in one go, all those tenners add up! HSBC have said they'd do it for £2, which was a result..

 

You're right to this, I personally send it all recorded - they have no excuses then and it only costs one pound!! :)

 

Worth keeping an eye on recorded, Royal Mail actually 'lost' a recorded item a few weeks back! I resent the letter special, then put in a complaint to Royal Mail for £32 compensation. Knowing my luck I'll get it all back in stamps... which is a bit useless, as I use Smartstamp and print all my postage :)

 

Will keep you posted..

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Worth keeping an eye on recorded, Royal Mail actually 'lost' a recorded item a few weeks back! I resent the letter special, then put in a complaint to Royal Mail for £32 compensation.

 

How is a letter worth £32???

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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How is a letter worth £32???

 

Took me half an hour to write it, proof read, print, fold the letter, and so on and so forth. My time is worth £64 an hour, for the purposes of this claim..

 

.. or it could be that it's the maximum you can claim under standard recorded insurance :)

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The maximum is just that - a maximum amount.

 

You will get a refund of your postage, and they'll probably send that in stamps. I don't think you'll get any more than that.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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The maximum is just that - a maximum amount.

 

You will get a refund of your postage, and they'll probably send that in stamps. I don't think you'll get any more than that.

 

Not gonna split hairs on this, but from the back of the recorded slip..

 

If your item is lost or damaged... We'll pay you compenstation for the value of your item up to 100 times the price of a basic weight First Class stamp

 

If you don't ask you don't get.. I then had to send a follow up letter special delivery to cover the loss of the first one, so it's at least a fiver by now.

If my reply or advice was helpful, please click the scales!

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If your item is lost or damaged... We'll pay you compenstation for the value of your item up to 100 times the price of a basic weight First Class stamp

 

They won't pay £32 for every item that goes missing, it depends on the value of the item.

 

Anyway, pointless arguing about it. When you get your book of stamps, let me know! :)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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