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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
      • 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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Ady Versus Halifax Plc **WON**


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Hi guys.

 

Been reading the site for a while and have decided to pull my finger out and do something about my charges!

 

Have sent the letter off asking for statements so will keep you informed of my progress.

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GoodLuck TheMoff...........

 

 

You've probably read all the FAQ's & Threads. but feel free to ask any questions to the CAG community... (Dont worry the Mods aren't as grumpy as they first seem.... Hehe only kiddin mods x)

 

 

Keep us all updated with how you get on.

 

Peace Man:D

 

Sgt

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yeah - i know what you mean - frustrating being limited to the 6 years! But when I found out I could even claim back 6 years at all - I was like WOOOOOOHHWWW! COOOOOL! :D

 

 

And I was sold!

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  • 2 weeks later...

Hello again.

 

Just a quick update.

 

Nothing yet from the bank and the cheque hasn't been cashed.

 

Had a look at my online statements going back to August last year and there's £258 worth of charges just in that time period so looks like it's going to be a big one!

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Have you tried sending them an email? I seem to have had a better response from doing that. I emailed them last tues and rec'd statements today ( 2 yrs missing though).

This year alone I've been charged £590 so looking forward to gatting it back!!!

 

Good Luck and keep us posted.

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yeah - i know what you mean - frustrating being limited to the 6 years! But when I found out I could even claim back 6 years at all - I was like WOOOOOOHHWWW! COOOOOL! :D

 

 

And I was sold!

 

I think 'thewifeandI' claimed back more than six years and the Limitations Act is being discussed on a thread, as it may be open to challenge (only my opinion):)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Just read on another thread that it is not a good idea to say to the bank you are going back more than six years if you have the infor and it is only a bit more time then to go ahead and add it all up, I have no idea how they would react to periods of say 10 or more years? I wonder if anyone has been successful with this.

 

good luck whatever you do!

 

I am gathering all my info which is more than 6 years and will compare to what they send me, I have asked for all my account history.:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Just received a letter from Halifax. They are sending duplicate statements under seperate cover! :)

 

They have also said "with regard to your request for information relating to manual intervention on your account they are under no statutory obligation to record this information and therefore are unable to assist me further with the request."

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  • 2 weeks later...

hello, I too am still waiting! it cannot take that long to just press a button to print?? since they have taken the charge from me for this I am beginning to feel annoyed by their delay. I beleive the banks are stalling for time.:(

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Well, it's been 33 days and still not received my statements. Does anyone think I should be sending off a chase up letter to remind them they only have a few days left to comply?

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Well, it's been 33 days and still not received my statements. Does anyone think I should be sending off a chase up letter to remind them they only have a few days left to comply?

 

Hi,

I had to follow up my initial letter with at least 3 phone calls and 1 letter plus I wrote to the Information Commissioner's office complaining about the stalling tactics the Halifax seem to be using.

My advice would be ring them again, make sure you get a name and send the request for data letter again quoting name and tell them how many days they have left to comply.

 

Good Luck :)

halifax: Data Protection Act sent 05.05.06

40 days up: 14.06.06 - no info received

sent lba 09.06.06 telling them they have 7 days (21.06.06) to comply

sent prelim letter, 22.06.06 - £4340.00!!

03.07.06 - offered £565 from Halifax

SENT LBA - 7TH JULY 2006

FILE MONEYCLAIM - 21.07.06!!

4.08.06 - ****** SETTLED IN FULL *******

 

Barclays: sent Data Protection Act 31.05.06

received some info 09.06.06, missing 3 years worth of statements- rang them, they now have 25 days to comply

sent prelim letter, 23.06.06 - £2520!!

SENT LBA - 11TH JULY 2006

20.07.06 - OFFER RECEIVED £900..... No Thanks!!

FILE MONEYCLAIM - 24.07.06

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I would say send them a reminder, I sent a reminder email after the 14 days expired that was quoted in their letter to me.

 

Nothing has arrived yet though. Next week I will be sending the letter reminding them they have 7 days left from the first DPA request so that I can follow up with further action under subject access legislation.

 

p.s. is there a template for reminders or are they fairly simple ' I sent you a dpa on XXXX, you have 40 days to respond to my request. You now have XX days left.'

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 1 month later...

Hi all.

 

Just a quick update as I have not posted for a while.

 

My statements came through 1 day before the 40 days was up!

 

I have now sent a letter requesting payment and they have replied saying that they are going to investigate the points I have raised and I will receive a reply no later than 4 weeks! Is this normal.

 

Thanks.

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Hello, I received the same thing, a letter giving themselves four weeks - it is not for them to set the timetable, there is already one that has to be complied with, keep to your own dates, follow the step by step guide, very good luck.:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 2 weeks later...

Just had a phone call from The Halifax saying that the law I refer to in my letter referers to charges for credit cards and not my current account, yet, they still offered me a £100 refund which they are going to put in writing. Is this a stalling tactic?

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sounds like it to me. who rang you, their lawyer? I would think that if they know they have the law on their side they would not pay a penny to anyone. this is not the case though.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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