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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.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Citi Cards being obstructive with SAR

Master Chief
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Master Chief

Master Chief

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Or for the benefit of Darth 'Debt Star' Thread In-Vader.

 

Hmmmmm, horseplay you must not with DonkeyB, or be an Ass in-Vader!

Edited by Master Chief

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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The Debt Star

The Debt Star

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Donkey always gives "stable" advice young padawan. Either you want her advice "ee-aw" you don't :) :) :)

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Master Chief

Master Chief

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Hi All,

 

As the title suggests, I received my SAR back from the DCA (interstingly before the CCA request deadline, which was sent at the same time).

 

I'm very dissapointed with what I got back, no executed agreement, or other docs I had specified.

 

But, there is strong evidence to suggest that some of the information has been manipulated to suit!

 

Would one of you (or some of you) knowledgeable Caggers care to take a look and let me know what you think, please?

 

I attach two zip files, which contain PDF's of what I received back from the DCA (one is explanatory notes). As I'm not to keen on posting up for ALL to see, the zip files require a password to open. PM me for the password.

 

Or just reply with 'password please' or 'gimme the chuffin password' and I'll PM it to you.

 

Thanks in advance.

 

MC

 

[ATTACH]23187[/ATTACH]

[ATTACH]23186[/ATTACH]

Edited by Master Chief

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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silverfox1961

silverfox1961

Posted
Posted

Before you allow anyone to see the files, have you made sure ALL your identifiable info has been obscured?

 

If this post is related to a thread you already have with the un-named DCA, it may be better to have this post within that thread

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Master Chief

Master Chief

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Yes, I have removed all info.

 

And yes it i related to previous thread, but thought a new post would be better. If you disagree, perhaps a kind mod could move it to the correct thread.

 

ty,

 

MC

 

EDIT:

 

*Posts Now Merged With Relevant Thread*

Edited by Master Chief

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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coledog

coledog

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Interesting to see what the Citi SAR throws up, I think that you need both. A DCA will not necesarily have a credit agreement or default notice as it is the most annoying thing that they are chasing debts without the necessary paperwork or knowing if this exists.

 

I assume that the letter of introduction is being classed as the Notice of Assignment - you could do with posting that up.

 

You need Citi to confirm exactly when this was sold.

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Master Chief

Master Chief

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Interesting to see what the Citi SAR throws up, I think that you need both. A DCA will not necesarily have a credit agreement or default notice as it is the most annoying thing that they are chasing debts without the necessary paperwork or knowing if this exists.

 

I assume that the letter of introduction is being classed as the Notice of Assignment - you could do with posting that up.

 

You need Citi to confirm exactly when this was sold.

 

Thanks CD, yes I agree. The point of sending both a CCA & SAR to DCA was that if the original signed executed agreement was not forthcoming with the CCA, the SAR should root it out, if it exists.

 

SAR is with OC and awaiting its return with bated breath.

 

What about the lack of telephone related information, is what they say correct?

 

The DCA's letter of introduction was dated 23/5/03, followed by CIti NoA 05/06/03. However, DCA had clearly been processing my data with CRA's some 8/9 months earlier. If you look at the log excerpts, it begins 05/06/2003, which is clearly incorrect. It makes no reference to letter of introductioon (DCA NoA). There were telephone calls and letters preceeding 05/06/2003, although these are mentioned, they are logged on incorrect dates and not in the order that they happened. Which I can prove!

 

If you look at the timing of the initial eight entries, they all are the at same time (different dates), when you consider the inacuracies with these entries it looks like these were created/editied to match their version of events!

 

So in effect, not only have they unlawfully processed my data, but it would appear that they have tried to cover it up!

 

Not so happy to post up correspondence so that it is 'freely available'. I could probably do with some advice as to whether doing so could have a negative consequences. If it doesn't matter, then I'd be happy to post up everything fully, minus personal info of course!

 

Advice please.

 

MC

Edited by Master Chief
typos

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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coledog

coledog

Posted
Posted

The telephone info is an interesting one and I would certainly have a word with ICO about that to confirm if that is their view of things.

 

There is plenty of 'personal information' (anonymous of course) posted on here and it does enable people to offer advice to you and is informative to others.

Please support CAG and they will support you.

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Master Chief

Master Chief

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The telephone info is an interesting one and I would certainly have a word with ICO about that to confirm if that is their view of things.

 

There is plenty of 'personal information' (anonymous of course) posted on here and it does enable people to offer advice to you and is informative to others.

 

I absolutely agree. I could really do with some clarity on this as I'm getting a bit bogged down and finding it difficult to see the wood for the trees.

 

However, depending on what the ICO says, I may well consider a court action against DCA and I'm not sure whether posting information freely would in some way jeopardise that. Bit of a quandary really, so could do with some guidance on this from those that know or have experience of.

 

I am blatantly aware that my 'cloak and dagger' approach is limiting the responses that I'm getting and I could well be missing other opportunities in doing so.

 

I'll take advice on this, if I could ask for a few comments from people please?

 

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Master Chief

Master Chief

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I have a current complaint with a CRA because of similar problems as yours and am awaiting the responses from their 'clients' (buddies)! and ICO.

 

Thanks HS. Have you felt comfortable with posting docs in connection with your complaint?

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Master Chief

Master Chief

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Just spent more than 12 hours solid preparing and sanitising the attached docs. The file names should be fairly explanatory.

 

Although I have tried to remove identifiable information and re-format (without changing meaning etc.), I think the originator(s) would clearly recognise their own work. If that's the case then so be it!

 

There is a lot there to look through, so my apologies in advance.

 

I have commented within the docs, where appropriate, if I could get some comments please

 

[ATTACH]23215[/ATTACH]

[ATTACH]23214[/ATTACH]

[ATTACH]23211[/ATTACH]

[ATTACH]23213[/ATTACH]

[ATTACH]23212[/ATTACH]

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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