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


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Intelligent Finance DPA Reply

Neo

By Neo
in Other Institutions

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6619 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Neo

Neo

Posted
Posted

Hi,

 

I have had a letter back from my DPA request with charges shown, but saying they cannot provide statements as it is not personal information. They also said they don't record manual intervention so cannot provide it. That is funny, they default my account but don't make any notes about it? It must be automated?

 

Anyways I have two questions...

 

1) I know there was a case where a judge ruled banks statements are personal are included in a DPA request, but cannot remember which case to refer them to, so if anyone can remember or help me find the thread it was posted in?

 

2) Shall I just leave the manual intervention thing or write back and ask them to clarify/confrm there was none or have they done enough by not sending it?

 

Thanks... neo

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

Link to post
Share on other sites
alanfromderby

alanfromderby

Posted
Posted

Bank statements are outside the scope of the DPA - but you did not ask for statements, you asked for the transaction information.

 

If they have not recorded any manual intervention then that is all you need to know. You have asked for the evidence, they have failed to send any - if they later try to produce manual intervation evidence the court would not be very impressed.

 

 

 

 

 

 

Link to post
Share on other sites
Neo

Neo

Posted
  • Author
Posted

Thank you... but I'm 99% sure I read they were classed as personal info.

 

If I thought they had missed some charges off what do I do??

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

Link to post
Share on other sites
Neo

Neo

Posted
  • Author
Posted

Thanks I'm just a bit worries they've missed loads of charges off .

 

They have said there was no charges on my loan account, but I defaulted on it - so how come no caharges ?? I know I did!

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

Link to post
Share on other sites
Neo

Neo

Posted
  • Author
Posted

I used the template... They listed charges for my accounts (current and credit card) but surely if a loan is defaulted (i missed lots of payments) I must of been charged once??

 

I'm stuck now until I can prove they have missed them out, but I need statements for that!

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

Link to post
Share on other sites
alanfromderby

alanfromderby

Posted
Posted

If the loan was defaulted they would have produced letters etc., since these have not come with the DPA information, then they have not sent all the information they hold. This needs a bit of thought - and it is getting a bit late.

 

Will have a think on this one and get back to you tomorrow.

 

 

 

 

 

 

Link to post
Share on other sites
Neo

Neo

Posted
  • Author
Posted

The current account and credit card were also sent to Debt collectors and defaulted..

 

Thank you and appreciated ;)

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

Link to post
Share on other sites
alanfromderby

alanfromderby

Posted
Posted

The thing that hits me straight away is that you asked for "a complete list of transactions and charges", not just a list of charges. They have not provided what you specifically asked for.

 

I would suggest a reply emphasising the information you asked for - perhaps using chunks of the original DPA letter. Also include a reminder of the date the DPA commenced and the number of days remaining for compliance as at the date of this letter.

 

I would then add this to the bottom:

 

Should there be any further attempts to delay or avoid compliance, I will be left with no alternative but to escalate this matter into an official complaint to the Information Commissioner and/or the County Court under s.7 and/or s.13 Data Protection Act

 

 

 

 

 

 

Link to post
Share on other sites
Neo

Neo

Posted
  • Author
Posted

Thank you - you are right, I will send the letter tmrw... Cheeky gits!

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

Link to post
Share on other sites
Neo

Neo

Posted
  • Author
Posted

I have just got round to re-reading the lteer which IF replied with.

 

It says "I note your request for a list of all transactions and charges applied to your accounts on the above plan or alternatively a copy of all bank statements detailing charges. This information is not classed as personal information therefore, we are not required to provide this as part of the DSAR and ordinarily would charge for copy statements, £5.00 per copy"

 

They have attached a list of charges.

 

What would i write back to them? I am entitled to a list of all transactions (charges or non charges) on my accounts aren't I? Is there any legal jargon i should be replying with?

 

Thanks in advance...

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

Link to post
Share on other sites
  • 12 years later...
Neo

Neo

Posted
  • Author
Posted

This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

Link to post
Share on other sites
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6619 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...