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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.

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      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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Chip & Signature - Comet


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Hi

 

Just tried to buy some CD-RW £6.99 from comet.

 

I used my Cip & Signature card as I have done for many years in many stores including comet without any problems. Just the odd bit of confusion as they don't expect a signature request.

 

However, on this occassion the Comet staff said that as it was a signature they would need to take a manual copy of my card.

 

I told them I wasn't happy about this, so they refunded the card.

 

I asked a few questions and they told me it was Comets and or their clearing agents policy to manually copy the card.

 

Surely this would leave my card open for abuse and fraud.

 

Does anyone know the legal position for copying peoples card information.

 

Till receipts now show card numbers as **** **** **** 1111 to protect the information.

 

I am going to write to their head office to ask them to confirm their policy.

 

Thanks in advance for an comments

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Halifax - 31/01/07 - DPA letter sent

Land of Leather - 30/01/07 - The Sale of Goods Act 1979 letter sent

Open & Direct 30/01/07 - The Consumer Credit Act 1974 - letter sent

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A carbon copy should usually only be taken when you need to manually enter a card number, due to a failed chip or magnetic swipe. The till should be able to tell the difference between a swiped/chipped/manually entered number so no idea why they need it.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Hi & thanks

 

As i thought. To clarify the tranaction never failed. It printed the signature slip for me to sign. Everything was normal.

Work In Progress

Halifax - 31/01/07 - DPA letter sent

Land of Leather - 30/01/07 - The Sale of Goods Act 1979 letter sent

Open & Direct 30/01/07 - The Consumer Credit Act 1974 - letter sent

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Since you say that they refused to accept it, how was the transaction voided?

 

If they simply refused the card, then it may have been suspended by your provider.

 

The whole point of Chip & PIN (and Chip & sig) i that the card should not be out of your possession/sight

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Hi Pat

 

Once i'd refused for them to manually copy my card they simply put it back in the terminal and refunded the £6.99, for which I signed for.

 

When i mentioned to them I had used the card in store before without having it copied, I was told that they hadn't followed the procedures.

 

I wonder what their policy is for Data Protection in having a manual copy of my card, and what would happen if another member of staff didn't follow procedures.

Work In Progress

Halifax - 31/01/07 - DPA letter sent

Land of Leather - 30/01/07 - The Sale of Goods Act 1979 letter sent

Open & Direct 30/01/07 - The Consumer Credit Act 1974 - letter sent

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