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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
      • 162 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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Anyone fancy ringing the ICO


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You may have read my Abbey DPA defence thread in the Abbey forum. DLA wrote to me yesterday saying that the ICO has given a preliminary view that Abbey's microfiche system was not a relevant filing system. I've faxed the IC asking for copies of the terms of reference of the review and whatever report they've issued.

 

I'm itching to follow this up with a phone call to the IC but it might be interesting if someone else could ring their consumer helpline first to get the party line without mentioning the DLA letter.

 

I would be fascinated to know how they approach this. Will they simply say that you can make a complaint or will they inform the caller about the view Abbey claim they have expressed? If it's the latter then it leads to a suspicion that either they are dealing with this incompentently or they are flouting their public interest role.

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whats the number ? lol

 

edited: it's ringing...

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

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...

 

"I'm sorry, all our operators are busy and your call is in a queue. You call will be answered as soon as an operator is free"

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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OK then

 

Just spoken to a lovely lady. The IC's banking team are looking into the microfiche argument, due to the number of complaints received. They have split the banks up, and each person in the team is looking at a couple of banks. The initial feeling is that banks cannot rely on the fact that information is stored on mircofiche as a reason not to supply that information under the DPA and also cannot charge the extra they have been asking for.

 

They are urging people to put their complaints in writing so that they can be passed on to the person dealing with that specific bank. They will publish their finding when they complete the investigation and if necessary look into individual complaints.

 

My question was "is it true that my bank do not have to supply information stored on microfiche under the DPA, because microfiche is not a relevant filing system"

 

It seemed to me that they are looking at each bank individually to ascertain if each bank has a relevant filing system.

 

Any thoughts?

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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I did but I got a general answer. I was also told that if I submit a complaint now it would take a few weeks to be assigned a case officer.

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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Just thinking through what I was told - if they are currently investigating the systems and have yet to come to any conclusions, how can Abbey have been told that theirs is not a relevant filing system?

 

Was also told that a relevant filing system had to have an index and subdividers ...

 

 

sorry this is coming in dribs and drabs ... am trying to feed a baby at the same time ... brain cells are disappearing lol

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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Well, stop feeding the baby your brain cells and try some mashed banana instead!!! :D

 

lol he still prefers boob ... and as everyone knows, braincells leak out through breastmilk lol

 

[/off topic]

 

 

Anyway, now had time to think a bit and I think this strengths the case against Abbey, unless of course the IC are telling us one thing and Abbey another.

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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I rang the ICO with this point the other day.

 

I have spoken to 2 different people and had 2 seperate answers 1) micropfiche IS relevant filing system

2) mfiche IS NOT a relevent filing system

 

I put it to them that data was HELD in it, they sadi that would look into it

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Hah! Now I know what the Abbey must have done. They rang the same number as you guys, asked the same question and the ICO gave the answer they wanted, they treated that as a preliminary view!

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