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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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CCA's and Dave against the world !!!


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Sky have just passed me onto Wescot...........grrrrrrr

 

idiots

 

Dave

Standby you phone it will soon be ringing with the dlightfulfolk from Westcot threatening all sorts of evil is going to befall you:-x

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Hello Dave,

 

I do not think that being busy is acceptable here..busy with what? with sorting out complaints...well, u have one aswell and while u were on the phone, they had to discuss ur case and sort it out...They put an assistants that r not knowledgeable...and take month to send u a standard letter...

I hope u ll get a call back or THAT letter....by friday/monday

 

wishing u good luck

 

 

Regards,

 

 

Maria

Hope they are not too busy to attend court when they get the summons

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hi guys

 

thanks for the support....:)

 

regarding the monument account....I sort of felt a bit sorry for her (for two seconds) and I sort of put her on the spot. She couldnt answer a single question, and must have felt very vunerable. its nice to put the boot on the other foot for a change :)

 

well I will wait till monday mornings post and if they have not capitulated completely, its off to court to file.

 

regarding the american express agreement...did you notice that some info is torn off, looks like it might be some important stuff :)

 

Anyway almost finished composing a letter to them, i'll post it here and itll go off tommorrow

 

rgds

 

Dave

 

 

You are much too kind to these people. But as you say the shoe is now on the other foot and you can afford to be 'nice' to them

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  • 2 weeks later...

The FN arrogance of these people is unbelievable. Of course being an American company the Data Protection Act does not apply to them. (Ha ha in their dreams)

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  • 4 weeks later...
Ah yes, TV Licencing aka Crapita...

 

I have a house that I don't live in, work taking me elsewhere and providing a variety of alternative accommodation. There is no TV at the house, and has not been for over 5 years. Do Crapita believe it? No, they don't. In true DCA style they bombard me with letters and postcards suggesting all manner of threats and consequences.

 

Usually I ignore them, but a couple of years ago a letter was forwarded which told me, in large red letters, that 'enforcement officers' would be calling at my home soon. I wrote back, telling them that home at the time was a rather hot and dusty portakabin affair called a corimec, located just outside Basra in Iraq. I told them that I should welcome a visit, since their silly plastic policemen may then gain an insight into the reality of life, and why a TV licence is actually not important in the big scheme of things, and why Crapita's pomposity and harassment fails to impress me. I suspect the irony was lost on them, as they replied reminding me a) that military accommodation still requires a TV licence (they treat every room as a separate residence), and b) that if I have more than one home I must have a licence for each! You couldn't make it up!*

 

 

 

 

*except under a New Labour government, of course.

A nice idea may be to invite Crapita to visit the house where no TV exists to see for themselves. If of course you were having a reunion party with some of you ex colleagues on the same evening I would imagine it would be a quick visit and an even quicker retreat than the republican guard from Kuwait

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Hi Redsue...

 

Actually it was a poorly worded rhetorical question :)

 

They are in my sights now

 

rgds

 

Dave

 

A well aimed S**T seeker MK IV rocket should find its target

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Hi dave can you just confirm you got copy of agreement through S.A.R - (Subject Access Request) not CCA as I am in process of taking MBNA through court regarding SAR (you know their "this time we have not treated your request as a full SAR did not send back £10 and please send photo id and another £10) and am just checking what I can expect to see for full disclosure to the court.

 

dpick:)

Photo ID my a**e. This is another stalling tactic by these muppets. They are quite happy to accept proof of your id when sending you all the threats and demands. HTF do they know what you look like. A passport does not confirm your address. Knowing the way these clowns hold and care for information I would not trust them with a dog licence let alone my driving licence. There is nothing in the legislation that states you must send photo id to them. They have 40 days to produce the info and they know it. You have made a legal request and sent the statutory fee. Tough on them if they think the law does not apply to them. Suckers

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Actually they may be within their rights........sorry

 

but it is still stalling tactics.....:(

 

Data Protection Act 1998 excerpt.....

 

(2) A data controller is not obliged to supply any information under subsection (1) unless he has received-

 

(a) a request in writing, and

(b) except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.

 

 

(3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.

 

 

But yes you are right in that they have no problems sending demands and threatening letters to your address.......muppets

 

rgds

 

Dave

Well if they are prepared to accept your name and address to send their threats to then in law they have set a precedent so they cannot say the same address is no longer valid. They are obviously satisfied to send threats so I think any cour would take it that they have accepted the same address for the SAR. I would never send these wanchors any personal info. They cannot handle the info they have under the DPA so why should they get anymore. I reckon I could defend this in any court case I take against them for non production of an SAR. There are enough stated cases to take them on.

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This exactly the argument I am using for part of my case against MBNA they have till 9th July to reply to notice of issue re none compliance S.A.R - (Subject Access Request)

I have quoted MBNA's letter "on this occasion we have provided the information free of charge, as we have not treated this as a full SAR request" when I made a formal SAR request and paid the £10 fee by crossed postal order and have receipt which MBNA did not return or try to take off account balance, and MBNA only sent 3 years of statements upto 2004 when the first charge was put on account. I will be interested to see what they have to say to the court.

 

dpick:mad:

As I previously said MBNA are chancing their arm, They have your tenner they have your resonse to letters the sent to you. Any Court will accept this as proof. Let them default and then take them to the cleaners. You are right they are wrong. Its an open and shut case. They are numerous legal precedents you can quote. Dont forget these are the numpties who say they work under American Law and not British law. And therefore your honour I rest my case.

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In theory, they have still committed an offence for which Trading Standards could prosecute. In reality, this will never happen.

Its high time someone complained against TS for failing to prsecte non copliance with CCA requests. After all a summary criminal offence has been commiited

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Yep they have allready defaulted on S.A.R - (Subject Access Request) and I have a recording of the we work under American law not english law, on cd and transcript of the call. Lets see how they get out of that.

 

dpick:p

That is very naughty of you. :D So much for alleged debtors misunderstanding the nice people from the DCAs. One MBNA goose stuffed cooked and ready for roasting:)

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Littlewoods are trying similar on my OH claim for return PPI (strict proof) ERR my OH is a housewife and has never worked for 40 years, our policy covers for more than that it covers death. Twits my wife is disabled when informed when we were having problems we got pre existing medical condition wont pay (twits put it in writing) at that time she had been given 5 years to live from same complaint (We have been very lucky new drug means 5 years gone out of the window thank god) but they are still arguing about paying approx £600

 

dpick:mad:

What a bunch of IDIOTS

 

Looks like you have them well and truly snookered. In addition to what you have aske I would demand some money for the additional stress.

 

Glad to here your OH is getting good treatment now

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Very strange thing happened this morning.......

 

Out of the blue came a letter from MBNA !

 

they are offering to settle the debt for half the amount owing ???

 

I havent been in contact with them at all other than to request my cca and a full S.A.R - (Subject Access Request).

 

do you think they are worried about anything?

 

Dave

Lets see could it be the £400 the FOS will be looking from them. Could it be that they have no real CCA. Could it be they realise that you have them by the short and curlies.

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i really wonder if they know who dave is, and just want to head off trouble at the pass... I know certain CAGers are famous for being a pain in the posterior.

 

 

I have know doubt they know who Dave is. He has more or less told them and made it obvious of how little he cares for them or their threats.

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Interesting development....

 

AMEX have been calling all day.....(well about 5 times) and some yesterday.

 

This time they left a message :)

 

they would like to speak to me about my agreement, (I can't think why )

 

I wont of course speak to them, as they tend to tie you up in knots...

 

I'll wait for the letter or may even pre-empt them

 

I love this game !!

 

Dave

We could call it Monkeybaiting:D

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I think it sounds great Dave, I wish I had your way with words & knowledge also.

 

Oh how I wish I understood more,then I wouldn't be sat here day after day trawling through threads trying to glean a little bit more than I did yesterday!

 

minky xxx

 

We all have to start somewhere......When I first started here I didnt make a post for over a month.........terified of being shot down. But I found one subject that interested me and concentrated on that. I then got copies of the relevant legislations and read. Anything I didnt understand I asked about.

 

Dont worry it'll come :)

 

rgds

 

Dave

I agree with Dave. There is plenty of information available on here. If you are not sure of anything just ask. You will get the TRUTH on here. Certainly any 'advise' you get from a DCA will be far from unbiased.

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DCA's, tusk, tusk. I remember when I would quake in my boots whenever a DCA called me! One even threatened to advertise my debt in the local papers unless i paid up!!

 

Not anymore though; with the help of CAG there's always a solution!

Didnt we all. The threats and sleepless nights I endured because of their lies. Now they are the ones with the sleepless nights as their Bully bonuses are decreasing. What a horrible job:lol:

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