Jump to content
We are now - The National Consumer Service ×


  • Tweets

    No tweets were found.

  • Posts

    • I understand that you are intend to go to university in September. What are you proposing to study?
    • Okay, I'm simply trying to piece things together so that we have the story in one place. 18th of April you purchased the vehicle 31st of May it broke down. – Although this is beyond 30 days, it is still within six months but I haven’t seen that you have sent any kind of letter of rejection yet. Is this correct? You approach the dealer about the breakdown but rather than stepping up to their statutory obligations under the consumer rights act, they said you should go through the warranty. Have you purchased a warranty? How much did it cost? Who sold it to you? You paid money for a diagnostic which identified the timing belt as the problem. Warranty company declined. Why is this? What is the name of the warranty company? The dealer has now offered you a replacement vehicle which she has advertised for £1295 – about £500 less than you paid for the original car, but the dealer had said that if you take advantage of this, he will want an extra £500 – which would mean that in total you would have paid about £2300 for your car. Is this correct?   On the basis of advice from us you have now recorded a call which confirms that they want you to go through the warranty company and also confirms that they will give you a replacement vehicle but only on an additional payment of £500. Is this all correct?   You have also incurred first expenses as well as being affected by stress also inconvenience and have had to cancel a holiday. He has now said that he will see if they can be a straight swap – your broken down vehicle for the £1295 vehicle without the £500 payment but only on condition that you use them to service it at a cost of £200 each time. You have evidence of this – is this correct?  
    • Stephen Colbert focused on the Jeffrey Epstein controversy consuming the White House, and “causing so much trouble for Trump that he recently ordered it to be put in a cell and for the cameras to stop working for three minutes”
    • Actually, you're right! Paras 5&7 in post 55 are talking about separate things, randomly raising the amount owed and then adding interest on that random amount! Thank you.     I think given the debate on s69 and the judge's option as to when to add the interest, I'm going to leave para 6 out.  
  • Our picks

    • 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
        • Thanks
        • Like

Recommended Posts

I've become very interested over the last couple of years in the Data Protection Act and how banks abuse it, and it has moved me enough to want to take action on this.

 

I've been in contact with several organisations, my MP etc. who have asked me to collate evidence where banks etc. have advised that they hold no data, or data limited to 6 years, but when taking subsequent action have then supplied such data.

 

I'm also interested in cases where the ICO has sided with the bank yet further action from the Data Subject has resulted in data being supplied (for instance after a court claim has been issued). Or, cases where the ICO have simply given incorrect advice or refused to pursue a case where a company has been clearly withholding data.

 

For too long banks have abused their dominant position over the consumer, and in this post bank crash era where consumers are fighting back, it's one of the few areas where banks think they can bully consumers into submission by trying to dictate the law to them. It's time to fight back.

 

Firstly I'd like to see how many people would be willing to support such a cause. If you've been in this situation, or have challenged the banks and they've subsequently backed down then I'd be very interested to hear from you. As a side issue, I'd be very interested to hear how far back people have been able to get data so that a general idea exists of what exists in what institution.

 

It may be that I might have to provide evidence to some bodies (parliament, ICO, etc.) so there may be a time where physical evidence may be needed (letters of refusal or details of court action) but if it gets to that stage I'd be very willing to cooperate in terms of protecting your personal data.

 

Finally, does anybody have any ideas over other action that could be taken? This would be an ideal place to discuss so that any further action can be coordinated.

Link to post
Share on other sites

the ppi forum is very good

 

we've seen sev example of say BC,natwest & HFc say they don't have the data them produce it in the reasons for their rejection of PPI letters

 

we/ve also seen many companies produce data back into the late 80's / early 90's after an sar

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

The PPI forum is partly why I'm looking to bring this issue up. I might post there to ask if people can help with evidence (for instance, 'no we don't have the data' followed by 'our records indicate you opted for ppi'), but once I've organised myself a bit better.

 

It's due to some of the responses I've had from Barclaycard, Santander and RBS despite knowing that they've got the data. I also did a SAR to Natwest back in the bank charges days but ended up just getting the six years of statements. When challenged they said that's all they had. I was younger and more gullible, however now I work in an environment where I deal with scanned documents on a daily basis, the reality is that very few places actually get rid of old data.

 

Bearing in mind that a couple of small business owners that I know have found themselves on the wrong end of the ICO due to a minor breach, it's shocking how the ICO will fail to act against a bank when they're acting to limit their liabilities rather than actually do what they law tells them to do - provide the data the subject has requested.

Link to post
Share on other sites

dazza, it has been agreed that Poll thread might be the way to go.

 

What questions would you like asked and I will find someone who knows how to do the poll thread to set it up for you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...