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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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spml ascendan eviction ++EVICTION NOTICE WITHDRAWN PRIOR TO COURT DATE**


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Just as I thought - the judge knew exactly why they had withdrawn - they didn't want him to ask why they were claiming charges as arrears !

 

Dave, make sure you only pay the £300 arrears off then revent to your normal monthly payment - see what they say then.

 

Well done for going through with the hearing :)

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An excellent result Dave,watch your statements and look at the results of your SAR for any litigation fees they may have tried to add on which you can include in your FOS complaint ,anyway well done,its not easy going to court you never know what to expect but a good and just result,shows what can be done if you stand up to them.

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  • 2 weeks later...

Hi guys... how do i go about complaining about spml/ascenden for not complying with the SAR request?

I have two accounts with them 1 mortgage and 1 loan, they have sent back incomplete details of the loan account only..... going back to just 2006 (loan was took out in 2004)

And sent a letter saying they have complied...

It is only £10 fee for multiple accounts right?

Regards Dave

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Hi Dave

 

First, write back telling them the info is incomplete and that you will complain to the ICO (Information Commissioner's Office) within x days if they don't address it. If they don't address it in the time given, e.g. 14 days, file a complaint with the ICO. The ICO regulates the Data Protection Act which SARNs come under.

 

Fuller guidance here - http://www.ico.gov.uk/complaints.aspx

 

HTH

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Hi Dave, do you know the total amount of charges yet?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 2 weeks later...
Hi Dave, do you know the total amount of charges yet?

 

No Ell, they have not completed it, can i ring them and say im just going to pay my contractual payments only until they comply with the request?

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Sorry to sound like an idiot but whats a sticky?

 

It's about time we had a 'sticky' on SPML and how they have to be handled! Any volunteers? It would also be good to have a thread solely on CAG members stories and histories of dealing with SPML, Capstone and Ascenden. No replies to be added, just an easy read-through so new members can see they aren't alone and that their problems aren't unique. I'll stop short of asking for a dedicated 'mooning' smilie, reserved only for the use of this wretched company. Thoughts please..
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  • 10 months later...
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