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    • 12mph (beyond any UK limit) will certainly qualify for a Fixed Penalty. So you should received an offer of a FP for each of the remaining two offences. Be sure to submit your licence details as instructed when you accept the offer. If you don't your £100 will be returned to you and the police will prosecute you in court.
    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
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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.

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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.
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      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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Camdenite V. Barclaycard "WON"


Camdenite
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As suggested in #23, you could write LBA to their Data Protection Officer telling them they have 14 days in which to provide the statements or you will proceed to the courts to force them to comply with your rights.

 

See this thread in the Barclaycard forum for info: Barclaycard - non compliance of S.A.R - (Subject Access Request)

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  • 2 weeks later...

Just had the following from Barclaycard this morning. Any comments?

 

ACCOUNT NUMBER xxxx xxxx xxxx xxxx

 

Further to your recent request for personal information held by Barclaycard, please find enclosed a copy of the card statements you have requested.

 

Statements held prior to May 2004 are stored on microfilm which is a means of staorage that does not fall within the definition of "relevant filing system" under the Data Protection Act 1988 ("the Act") nor within the bounds of what we are obliged to provide in response to your data subject access request as set out on the Information Commisioner's Office website at Information Commissioner's Office - ICO

 

The Information Commissioner has indicated his intention to ammend this guidance. It is therefore as a gesture of goodwill to you, our customer, and in the light of this proposed change that we enclose copies of our pre May 2004 statements as you requested although we take a different view to the Information Commissioner's Office on whether these fall within the definition of "relevant filing systeem" as set out in the "Act".

 

This Information we have enclosed relating to this account is all that we hold.

 

Yours sincerely

 

 

Tiffany Thornton

Barclaycard Customer Service

 

 

They have only provided three months prior to May 2004 for which there is only one £20 charge. The Account was opened in early 2002 and I believe there is probably about £150 worth of charges due.

 

Is this complete BS regarding the "relevant filing system"?

 

I could do with some support on this one as this lot have driven me to distraction over the last six months and I want to nail the b******s now.

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Hi Camdenite,

 

Have you read this from the BC stickies - http://www.consumeractiongroup.co.uk/forum/barclaycard/50148-barclaycard-microfiche-they-wrong.html

 

Slick

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Para 9 says

 

Following our visit, we concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Act. This means that in our view the information is personal data and should have been supplied as part of your S.A.R - (Subject Access Request) within 40 days and for a maximum fee of £10. As a result, it is our view that it is likely Barclaycard has contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights.

Slick

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  • 4 weeks later...

Well, no news from Barclaycard until this morning. Due to work I'd been too busy to file the N1 for non-compliance of the S.A.R - (Subject Access Request). However this morning I received a letter offering me £250 as a final offer (I haven't even made a claim or even discussed an amount with them) and maintaining that they will not be able to locate any records relating to my account prior to May 2004.

 

I guess I can safely say we're probably talking about £1,000 worth of charges or so (far more than I believed) on the basis that they are only offering to pay back anything over £12. It's interesting to note that they have been able to reach a figure of £250 when the statements supplied to me total £20 of charges!!!

 

There was no mention of my previous letter and the points made concerning microfische & the previous investigation by the ICO as mentioned above.

 

How next to pursue them? I'm not in a mad hurry for the money, but am getting really frustrated by the time & effort I've gone to with this mob.

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Well, no news from Barclaycard until this morning. Due to work I'd been too busy to file the N1 for non-compliance of the S.A.R - (Subject Access Request). However this morning I received a letter offering me £250 as a final offer (I haven't even made a claim or even discussed an amount with them) and maintaining that they will not be able to locate any records relating to my account prior to May 2004.

 

I guess I can safely say we're probably talking about £1,000 worth of charges or so (far more than I believed) on the basis that they are only offering to pay back anything over £12. It's interesting to note that they have been able to reach a figure of £250 when the statements supplied to me total £20 of charges!!!

 

There was no mention of my previous letter and the points made concerning microfische & the previous investigation by the Information Commissioners Office as mentioned above.

 

How next to pursue them? I'm not in a mad hurry for the money, but am getting really frustrated by the time & effort I've gone to with this mob.

 

Sorry to bump folks. Any ideas?

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Hi Camden,

 

They're not going to make this easy for you - just the opposite.

 

If you think the chges actually suffered by you are so much higher than their offer, you'll have to force them to supply the info you require.

 

Write to them rejecting the offer and proceed by filing N1 for their failure to supply.

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It kinda helps, dosen't it.

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  • 1 month later...

well, you could of knocked me down with a feather. Finally, a full set of statements arrived in the post this morning!!! The N1 obviously helped focus their minds on this a little more eh?

 

Does anyone know if I am entitled to put the court fee's for both N1's on my claim? Assuming I have to file a claim for return of charges, do then I just add the Court fee's for the original claim for non-compliance to it on the new N1, or do I add it to the Schedule?

 

Back on the old spreadsheet this afternoon.

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Hi Camden,

 

Result !!

 

Re N1 fees, I'd include the fee paid for the 1st N1 in your claim letters.

 

So, when you've done your spready, send Prelim letter claiming N1 fee and chgs (plus int't, only if claiming CI).

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Yep,

 

Put on SOC with narrative and claim int't on it too (IMHO).

 

It was an expense which you incurred as a direct result of Barclays failure to provide you with info they were required to supply.

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Camden,

 

Please DO NOT YET act on my above advice re claiming 1st N1 court fee.

 

When you filed at court for SAR non-compliance, did you claim compensation and how much. Have you heard any more about this Court case.

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Hi Slick, no just an Acknowledgment of Service. I was planning to inform the Court that they had now complied and no further action is to be taken.

 

I didn't claim any compensation on the non compliance of SAR. I didn't realise you could?

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OK,

 

I've sought advice on this and it is suggested that the first claim be allowed to continue. You should state on the AQ that the defendant has now complied and that the claim is now for "costs only".

 

So my opinion in post #42 should be ignored.

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More advice.

 

If you come to negotiate with BC re chgs refund before the 1st court case is resolved, you can ask BC to refund the 1st court fee by agreement.

 

If they agree to this, you can inform court that the 1st N1 issues are now fully resolved so the case could then be dropped.

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  • 3 weeks later...

Hi Camden,

 

You'll find space for it all - keep it up !

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