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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
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    • 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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carter56 v Barclays


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HI everyone i have finally taken the plunge and i am sending my S.A.R - (Subject Access Request) letter to barclays today along with my £10. its a bit scary and this is just the first step. i have online banking with barclays and i am able to check my statements for the last 3 months and they have taken wait for it a whopping £855 in charges. its no wonder i am up to my ears in debt. i applied for a basic account at nat west yesterday so hopefully that will allow me to have mine and my husbands wages paid into that. i want to say a big thank you to phillipa who has given me the stength to do something about this . fingers crossed

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hi just to let you know that i have been sent the application forms for a new bank account by nat west and signed and posted them back the same day. its only a basic account but will enable me to have some control over by debts. fingers crossed its a successful application. i have got some folders together and i am trying to get my self into some sort of order so i am organised. thats not something i find easy.

i have about 3 credit cards and i am wondering if you can claim back charges with these. i dont know quite how that works with credit cards. if someone could advice me. also i know this sounds really thick but i am not very computer literate and i can reply to threads but spend ages trying to work out how to start a new thread. what do i click on to do it ? i dont want to waste peolples time reading throught this when i could post on the right forum.

thanks for any advice

linda x

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just to let you know that i have received a letter from barclays this morning and i am wondering what is the best way to deal with it.

 

Dear Mr & Mrs *****

We refer to your letter of 9th January requesting information under the terms of the Data Protection Act.

You have enclosed a postal order for £10

Please be advised that the fee in this matter is £10 per person and we await provision of this additional sum before proceeding.

Whilst writing we would mention that in fact you require specific and limited information, for example duplicate account statement, these may be provided without charge and your initial payment will be returned.

Your further contact is awaited in due course.

Yours sincerely

Peter Townsend

Manager, Barclays Data Protection

 

Do i phone and ask for the last six years statements and not bother with any other info or do i phone and ask for the statements and any info on myself or phone and ask for statements and send another £10 for info on my husband. I put both names on the sar as it is a joint account and thought that would be best.

also the address on the top of the letter is

 

Privacy & Data Protection

Radbroke Hall

Knutsford

Cheshire

WA16 9EU

 

do i reply direct to Peter Townsend at this address or still use the London address.

Thanks for any advice

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sent my letter to barclays today telling them its £10 per account and not £10 per person on a joint account i have sent it recorded delivery . told them this is time wasting and the clock is ticking

linda

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just a quick question if and when i get to the settlement part and i win back my charges will i have a choice of how i receive them. i have an overdreat with barclays (obvious or i wouldnt be in this mess !! ) if they pay it direct into that account then it would be swallowed up. i have opened a parachute account at nat west would i be able to ask for payment to go into that account or have a cheque. i know i am nowhere near this point but i just wondered. if i can have it paid into another account then it will help me to pay off some other debts that i have.

thanks linda

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thanks for that everyone i know i should ideally pay it off my overdraft but i have mortgage debts i am trying to sort out and that would be a huge weight off my mind if i could pay some off that. but lets wait on see . thanks again linda

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hi i have received a letter from sharon cafffery saying

" we refer to your letter of 16/1/07. i must refer you back to peter townsend's letter of 12/1/07. under the terms of the data protection act there is a £10 fee payable per person per request.

could you please confirm which of you the £10 payment is relevant to and we will proceed with your subject access request.

if in fact you require specific and limited information, for example duplicate account statements, these may be provided without charge and your inintial payment will be returned

your further contact is awaited in due course "

yours sincerley

sharon caffery

subject access co - ordinator

 

what do i do the account is in both names it is a joint account. if i just ask for info on my behalf will it alter anything if we go to court.? will they be able to say it is a joint account and you should both have applied.

do i just need to statements and nothing else or do i need to see if there has been any manual intervention.

what is the best thing to do

i sent the original letter on the 10th january what date do i start my 40 days from? could they say i was asking for the wrong info and not sent enough ££'s

ANY ADVICE PLEASE !!!

LINDA

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  • 2 weeks later...

Hi all just to bring you all upto date i posted a copy of the letter that hagenuk posted and sent it recorded delivery on 30/1/07

i have received a letter from barclays today from Sharon Caffery

"we refer to your letter dated 30th January 2007.

with reference to your subject access request under the above legislation, we confrim that your request is currently underway. In consequence, any material that qualifies for disclosure as your "personal data" will be supplied within the statutory 40 calendar day period.

if you wish to get in touch with us please contact the undersigned ."

yours sincerly

sharon caffery

subject access co-ordinator

 

cant wait for it to come and then i can get started

linda

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  • 3 weeks later...

Hi everyone sorry not been around but had the flu !! still heard nothing from barclays since my last postin i take it they mean they are defo going for the 40 days from receipt of my last letter which should make for delivery around 12/3/2007. all this time wasted by barclaysand i cant wait to get to the next stage . still scanning the forums to keep intouch

linda

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hi

i received a parcel from barlays today delivered by dhl. there must be half a rainforest in it - there is so much paperwork. but no statements !!! they say i didnt express an interest in statement and given that statements are already supplied on a regular basis and that a high volume of duplicate statements my cause a significant burden to you it is not our practice to routinely include this information in response to a data subject access request , however if duplicate statemnts are required then these will be supplied upon request "

 

are they unbelievable or what ??

well i will give them a call tomorrow and get them sent out to me . talk about time wasting my first letter went out to them 9/1/07 and then two more subsequent letters.

would you call them or write to them again to ask for the statements or give my local branch a call ? whats best i dont want this to go on for much longer

thanks linda

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hi just to let you know i that i have spoekn to ELAINE HIND dont know if anyone else has had any dealings with her. she was the lady who sent me the last letter along with all the data i have asked for my statements and she has told me they would be with me in two weeks as they are very busy at the moment. so fingers crossed that they will eventualy arrive.clock has stated tickcing again

thanks linda

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  • 3 weeks later...

Well at last after two phone calls to elaine hind i have finally received my statements ( first applied for 9th january ) so today i am going to get stuck in and see just how much they owe me . thanks to everyone - no doubt i will need all your help and advice in the weeks to come. thanks linda

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thanks hagenuk

at a quick glance i think i am owed about £4000. just a couple of questions on the prelim letter if not claiming any interest at this time do i delte the part that states - " I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX ." and just state the amount owed in charges and also on the spreadsheet where it has colums - days since offence and interest 8% do i just blank these out ? sorry if i sound a bit thick but i want to get it right.

thanks again linda

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HELP

I am filling in my spreadsheat and the total is accumulating and now its gone ? can i get the running total back or will i have to add it up myself - a bit useless when it comes to computers !!!

thanks linda

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  • 2 weeks later...

well i sent off my spreadsheet and my prelim letter on the 29/3/07 by registered post. total money claimed without interest was £4255 i have received a letter from barclays today 11/04/07 from a nicholas ashe. it is the standard " sorry you have had to contact us about the level of service etcc.. " it says they are looking into it and will get back to me asap but no later than 1st May - i dont have to comply to their timetable do i ? i now send off my my letter before action along with another copy of my spreadsheet still without the 8% interest is that right ? then if no reply by the 14th day i can file for court action ? all of a sudden it gets a bit scary but i have so many debts that need clearing that this money is so important to me. the sad thing is that £2000 will go back to barclays to pay off my overdraft. but at least there is light at the end of the tunnel

love linda x

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would it be ok to use the standard template lba letter or should i adapt it. they have responded to my pre lim letter but the date they have given me for an answer or update is 1st of may and that is 20 days from today should i say i am very disappointed with their response to my letter !!

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well just let you know that i have sent my lba and copy of schedule without interest ( £4255 ) to barclays by registered post yesterday ( 16th april ) so they will receive it today. so i am right in thinking i give them 14 days from today before my next action. thanks linda

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