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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
      • 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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I found that if you stick to your guns and never speak to them they do get the message in the end and stop calling. The last time they tried to call me was towards the end of June and this was after calling me several times a day for weeks. Different story with MBNA, however, who never seem to give up:mad:!

Edited by exchange
typo
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Hi,

 

Finally looking at doing SAR. Have got the template and note that it tells you to address it to the 'Data Controller', do you need to find out the name of that person or just address it as above?

 

Thanks for any help

Edited by Dotty50
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Thanks for that Exchange, letter now ready to go. Could you or anyone else reading be kind enough just to clarify this sentence which is found at the top of the SAR template.

'A subject access request which is an alternative to one being made for a charge reclaim. Geared more towards debt collection'.

Thankyou in anticipation.

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It's referring to the fact that this website was geared towards claiming back bank charges originally but has now gone off in different directions. I haven't looked but I suppose an alternative letter exists 'geared more towards claiming back charges'.

I'm sure someone will correct me if I'm wrong!

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SAR gone off to them today.

 

Still bombarding me with letters will get around to putting them on here but guess they will be the same as everyone else gets. Pretty uninteresting!

 

Also still ringing work so must investigate Offcom as Exchange advised.

 

Have attached a bit of information which may be of use to someone on here. It is taken from the front of a current Fixed sum loan agreement. I guess it would also be on new credit card agreements nowadays.

 

It wasn't on old fixed sum loan agreements, so guess not on old credit card ones either.

 

Anyone taking out a CC or loan should be aware and tick the boxes accordingly to prevent being bombarded/harassed in the event of financial meltdown.

 

Of course, beware which ones you tick!

USE OF INFORMATION.pdf

Edited by Dotty50
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  • 3 weeks later...
  • 3 weeks later...

Hi,

 

SAR sent on 28th Sept as previously posted.

 

Had a response today dated 30th Oct from James Bell, Head of Executive Response Centre (not seen this name before on any threads).

 

He has not been able to enclose the documents requested, unfortunately, due to me not signing the letter! Please send a copy .................... experienced Caggers will know the rest!

 

Funny how they have responded to other letters that I have sent with exactly the same computer printed signature!

 

And of course now state that the 40 day time limit does not start until I have sent the required information.

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Hi

 

Whilst I am in the process of sorting my Digital Signature out, I am looking for a suitable letter to respond with.

 

I have looked at the library and see there is a template relating to a CCA request where the CCC do not reply due to a signature being required and another for failing to respond to CCA request.

 

As this is in response to my SAR request due to previous unacceptable replies from Cap 1, just wondering what is the best way forward. This is the first time they have asked for a signature!

 

I also need to put in a formal complaint about calls being made to my works number, would it be better to address this separately or include it?

 

Any help appreciated

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I have seen a post by 42man on another thread in which it states that the CCC are within their rights to request a signature for SAR.

 

But I could still do with some help please on how to proceed, separate letters or not?

 

Thank you

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I have now drafted a letter but would like a second opinion before sending it.

 

Any experts out there who would take a look please or someone who has gone through a similar experience with Cap1 and come out the other side?

 

I would appreciate it.

 

Thank you

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Hi, See post 40

 

Could any of the site team please advise and if this isn't in the right place, can it be moved please.

 

Hope I have done this right, I could really do with 2nd opinion on my letter, as I have now had a default notice from them.

 

Thankyou

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does the DN say 28 days from or is is dated 28 days?

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

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default notice is defective - it must stipulate a date not just within 28 days

 

if they terminate the agreement and this DN then all that would be is the arrears

 

which is something else up your sleeve but do not tell them this

 

your letter looks fine

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

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Thanks for your help Ida, I really should have known that it must stipulate a date, I used to work in the industry but its been a while.

 

I will get the letter sent off to them on Monday, thanks for taking a look for me.

 

Still haven't got my digital signature sorted so have yet to decide how to sign it.

 

D50

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