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    • If you are buying a used car – you need to read this survival guide.
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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 
      • 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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Need Help, Taking on the CRA's


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Absolutely right, to go this way as if you have to court you will be seen to have all you can to avoid the need for litigation,wait for their first reply so you can judge

their attitude, then please contact me if you want to,as you know Iv'e been there before.

 

God luck,

 

Brig

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Thats great just what the Doc ordered.

 

Rob Sands is compliance mgr at MH, he agreed in my case that'' table1 posts are inappropriate''

 

your letter says exactly what needs to be done feel free to contact me any time I'll help all I can.

 

 

 

Brig.

Edited by BRIGADIER2JCS
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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi personally I would get stuck in as they are joint data controllers similar letter to you first one but pointing out the searches are unauthorised by you.:!:

  • Haha 1

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Hi ,Boss

 

That sounds perfect to me for Equifax,edited would be just right for a court claim too.

Keep me posted on the reponses.

 

Brig.

 

As a late thought refer to a report to the ICO if their response is not positive.

This ones a definite for reporting to my MP.

 

Brig.

Edited by BRIGADIER2JCS
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I await the responses with great expectations if every one would do the same

we can beat the bxxxrds:-D

 

Brig

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Hi, Thats a good one now make em pay for the error

First now make a ''request for compensation'' if the answer no good it's the letter

before action, and you have shown your self to be reasonable.

 

Well done!!

 

BRIG

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That's Brill, I would suggest copying it in writing RD so you keep the paper trail obvious.

 

Brig.

 

Sorry misread you pst

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Hi Just had Equifax's response to my ''Polite'' request for compensation, they will get my letter

before action tomorrow!!:razz:

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Hi, well that one good result , I don't thik the writers '' understanding' is correct though do you, from my experience with MH Rob Sands letter makes plain Table 1 Searches are ''inappropriate.''

 

Just finished all the stuff for the MP ready to post Monday.

My grateful thanks to all those who contributed!!!:-)

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Hi Huggy,

I have written a legal argument for the ICO about the wording used by the CRA's on the search headers Eqiufax's statements are

contradictory as to who can or cannot see Table 1 searches.

Experians searches are definately safer and if a DCA searches they are not viewable.

The most important point I believe is the STATEMENT ''SEARCHES UNDERTAKEN IN CONNECTION WITH CREDIT APPLICATIONS''

If there is a search for any other reason than a credit application it is inappropriate and misleading data and the company should be liable for any after effects etc. caused by the placing of such a search.

 

Any thoughts on that very welcome.

 

Brig.

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Even ignorance requires some sort of brain I'll be bugxxxrd if I can any signs of active cell in DCa's & CRA's, so I think we may have a problem!!:lol:

 

Brig.

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  • 2 weeks later...

OK PM me all the details you can I'll go through it all with you and we will get it sorted,''Keep Calm and Carry ON''

May be a little delay in reply but will get back to you same day.:madgrin:

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I have e-mailed the ICO with a generic complaint on this and will send documents when I can tomorrow.

If there is any more inf on the ''Credit Card [problem]'' let me know.

 

Brig.

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  • 10 months later...

I think you may have

missed the information

I received from the ICO and FOS that

they consider Table 1 searches for outstanding

debt something that potential lender should

see I have enquiry i n to the dept of Business and

skills on this.

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