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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
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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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Stopping CRA's from selling our personal data unfairly


Dipply75
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any comments on this train of thought welcome as this issue has bugged me for some time and this may be a way of dealing with it:

 

The Information Commissioner put out a leaflet about our details on the electoral register being sold for marketing etc for a fee and how this was unfair as we pretty much don't have a choice to be on the register - it listed a high court ruling, The Robertson Case, in support of this.

 

From this ruling we are now allowed to 'opt out' of the direct marketing side of the electoral register so why can't we use the same logic with the CRA's and stop a major source of their revenue?

 

We don't have much of a choice about being in their files, but can we follow the electoral register lead and 'opt out' of letting them package up our info and sell it too?

The ICO leaflet reads:

 

The ‘Robertson Case’ A ruling by the High Court in November 2001 (following a case brought by a member of the public, Mr Robertson) changed the law governing the use of personal information on the electoral register. The High Court ruling confirmed that it was unlawful to sell copies of the electoral register to private businesses without giving people a choice not to have their information used in this way. The Commissioner’s view The Commissioner believed that because individuals are required by law to supply personal information for the electoral register, and they commit a criminal offence if they do not, any non-electoral uses of the information should be kept to a minimum. The previous arrangements allowed the sale of the entire register to anyone prepared to pay a fee, and the Commissioner thought this was inconsistent with the Data Protection Act 1998, particularly the requirement to treat people’s information fairly.

 

The High Court ruled that, by not allowing people to opt out of being included in the register that was for sale, the previous arrangements were in breach of UK human rights legislation.

 

Will be looking up this Robertson Case but any comments? - good or bad :p

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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