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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
      • 161 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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gargoil V GE(Debenhams card) ** WON**


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Just about to post of my Data Protection Act S.A.R - (Subject Access Request). Have had an account for longer than the year limit and I started o get into financial difficulty mid 2004 so I expect there to be a fair few charges on this account. There is still an owed balance on this card of £1000ish. I am paying back at £15 a month. At breakfast time I had a telephone call today from someone wanting to know how much I was earning etc and could I pay more. Well having spent a fair few hours now with you good people on the BAG I knew my rights. I informed him I was recording the call, call centre boy stutters, i asked him his name, call centre boy stutters, I asked him his FULL name, call centre boy stutters, I ask him his section managers name, call centre boy stutters, I TELL him I am unwilling to discuss financial dealing by telephone but by letter only , call centre boy perks up and tell sme they can only deal by telephone, I then go into OFT quoting overdrive, reading straight from this site about my rights and that I will be disputing this balance, call centre boy hangs up!!! Gargoil goes back to his breakfast! :D

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 2 weeks later...

CCA sent to Aktiv Kapital today in regards to this balance!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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They received cca request on 19/8 so have 12 days till 5/9 by my calculations to provide the data!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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DPA SAR finally sent off today after being distracted by my other claims! Now I'm gunning for you GE!! ;)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Aktiv Kapital sent out original signed agreement and deed of assignment, now just waiting for DPA info.

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Received copy of statement from Aktiv Krapial the other day so have now pilfered this letter from the forum and sent it too them to get them to back off!! :) What do I do if they start harrassing me about paying up?

 

"Reference: DEBENHAMS OPTION

 

Account Number: - XXXXXXXXXXXXXXXX

Dear Sir/Madam

 

Further to your letter of 23rd August 2006, and the enclosed documents which were requested under the Consumer Credit Act 1974.

 

Please take this as formal notification that this debt is now the subject of legal action with GE Money, and therefore cannot be enforced by you, or any other Debt Collection Agency.

 

I would therefore suggest that any further correspondence be directed to GE Money.

 

Should you attempt any enforcement action the matter will be reported to Trading Standards, and any legal action will be vigorously defended.

 

Best Regards

 

gargoil"

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Noticed an email address on one of Aktiv Kapitals letters so just emailed the above to them instead!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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i'm going for debenhams too. Sent Sar and got all statements- just done calculation and looks pretty good (especially as most of charges were year 2000) just need to find out what rate to apply- my bank account was 9.9 but i expect for these cards we pay much more- anyone know?

 

good luck with all your claims

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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I'm not sure Sarah. How long did it take for your statements to come through?

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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got them within 40days of sar request altho as i have some bank accounts that are further along i wasn't going to chase this but they arrived anyway. Just been advised my time card rate was 31.99% (very impressive on my schedule!!!) but havent been able to speak to anyone at GE to find out deb and topshop rates- what has happened to customer service these days?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Hi I've just successfully WON against GE Capital, got £597.00 credited back to our store cards accounts. SAR sent 15/8 - WON 5/9 so not too bad at all. Letters sent to Sara Wainwright, Data Protection Administration, GE Money, PO Box 700, Leeds LS99 2BD.

Although I won the claim she is refusing to remove default so am now writing to get that removed.

Hope this helps

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Sarah here is info on rates associate dwith debenhams card(scroll down a bit)

cardholder benefits - debenhams card - debenhams card - personal finance - Debenhams

 

Well done "darling" (hehe)!!! At what stage did they pay up at?

  • Confused 1

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Yeah, I won!!! 1 full week after sending my prelim to GE. Letter received this morning....our fees are in our terms and conditions...core part of the terms on which we provide credit....highlighted in marketing material...we are reviewing the OFTs decision...reviewing our cost base.....Our view remains we are entitled to charge these fees(which is consistent with OFTs view)....However, I have agreed, on this occasion as a gesture of good will to refund the charges requested.........

 

Only £99 and they are paying back the £10 S.A.R - (Subject Access Request) fee so £109.00 in total, it all counts!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Thanks Sarah! Really feel as if I'm starting to have quite a bit of sucess! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Have just noticed there are a few months missing in my Data Protection Act info. Am still within 40 days but am going to write and say that I still require all the statements for the period requested and will be claiming any additional charge sapplied during the times of the missing statements! So this may not be fully settled after all! Sending non compliance template 1 letter edited slightly this afternoon! See if I can suck any more pennies out of their coffers!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 3 weeks later...

Now sending them this a there may be a few more pounds I can get back from them...

 

10th October 2006

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

Important – You should read this carefully

 

Account: xxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 22nd August 2006. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges. The statements you have failed to supply cover the following periods of time:-

January 2003, February 2003, June 2003 to November 2003 inclusive, July 2004.

2) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 working days, I shall apply to my local sheriff Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

gargoil

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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