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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 
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    • 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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Citifinance SAR


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Hi

They never did with me. they may have changed their ways (but I doubt it)

 

Hope you're not expecting much from Citi as you won't get it

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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Thanks for the quick response silverfox. I'm not using it to reclaim anything at the moment. It's more to do with them selling an alleged debt on to Cabot. I just can't think what else it would be. Although I am waiting for Cabot to also send proof of this alleged balance so maybe they are sending things by recorded delivery now!

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Now been delivered and it was their response to my SAR. I wasn't expecting much from them but all they've sent is a basic computer print of my details as at application (not even a copy of an application form) and another sheet headed Customer Service Notes with one comment saying Acct sold to Cabot. This is finished off the infamous "All Customer Service Notes Prior to this Date Purged from System" comment!

They have mentioned in their covering letter that they are unable to locate any statements for this account on record. If they have no statements of account on record, how do they know there was a balance to sell on!

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Sounds like a very incomplete sar response to me.

 

"purged from system" eh? Wonder why.

 

In your original sar did you ask them to supply destruction logs giving dates, who authorised and why?

 

Personally, to keep a decent paper trail, I'd write back to them saying their reply is incomplete and that they are in breach of the DPA. Ask for the name of the data controller and say of you don't get a full response to your sar you will be reporting them and their data controller personally to the various authorities and you may also take legal action to force compliance and that you will be asking for damages at the court's discretion.

 

Give them, say, 14 days to comply.

 

ims

 

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Hi ims

 

I sent a SAR letter provided by coledog which had an extensive list of the documents I required. I actually settled this account with a full and final in 2007 so the SAR was more of a curiosity thing to see just what they do hold on me. As this was originally an Associates card that goes back to 1997 I really dont think they've got a lot of information including the CCA. This alleged balance has only come to light recently as Cabot have chased for it. I think I'm going to exhaust Citis own complaints procedure in respect of selling on a settled account rather than chase up for more information on the SAR. I didn't have any PPI on it and my main objective us for this account yo he closed in full.

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Hi Dial

 

My apologies, I misunderstood. Its just that these banks infuriate me!

 

I guess you have the paperwork for the F&F so just wait for Cabot to prove the debt. See what they come back with and take it from there.

 

ims

 

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Thanks ims

 

Sent Cabot the prove ig letter over a month ago. The came back informing me that they were gong to get proof from citi. That was about 4 weeks ago! I have no intention of paying this alleged balance (which is under £250) and I can't see what any DCA can do about it. I'm going to send a formal co plaint to citi anyway as I'm disgusted that they accept these F&Fs and then think they can get away with selling the alleged remaining balance on. Unfortuntely, it was paid over the phone before I had found this site but the fact that the account disappeared from my CRF's at the time and I have not received any notification that a balance remained outstanding since leads my to believe that they won't be pursuing this through the legal system. I'm still none the wiser as to why the sent a totally incomplete SAR by recorded delivery either!

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