Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

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

Lula v Abbey ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6398 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

Hi All ;)

 

I have a week to go before I get my backdated statements, my spreadsheet is all started and ready for the new info and then I will be downloading a letter ready for posting, first though, can I ask a few questions?

 

1. What do you all think to the idea of making an appointment with the manager, handing him the letter, and reminding him that as to date, everyone who has taken action against any bank has won and that it would be in their interests to settle my claim very quickly?

 

2. Also stating that if I do not get satisfaction, the local press and their readership would be VERY interested in how to claim all their money back with interest that the bank has unlawfully taken off them?

 

Is this too strong a tactic? should I open a new bank account first?

 

I would welcome all your comments, someone on another thread said that this board is compulsive reading, I would heartily concurr ;-)))

 

Take care

 

Julia

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

  • Replies 229
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Julia & welcome :-)

 

In my personal opinion I don't think a meeting with the manager would work because the descision to refund you isn't his. He might personally agree with what you're saying but there wouldn't be much he could do about it other than send your complaint off to head office. You could always try the local paper angle but it would worry me how this would look to the judge if your claim were to end up in court.

 

Re the compulsive reading..... oh yes! lol. You'll find also that it makes you much more likely to stick up for yourself in other consumer situations too. I've found the whole process really empowering.

 

Good luck with your claim,

TC

Yorkshire Bank £2201.24 - Settled in full

My Abbey £731.34 - Settled in full

Hubby's Abbey £1239.49 - Settled in full

Link to post
Share on other sites

Hi Julia,

 

1) In my view, an utter waste of time - unless it's a very small figure you're reclaiming he probably hasn't got that authority so will only refer it upwards anyway!

 

2) Again, don't bother. The only thing that will have an effect is filing a claim in court - see my own thread here - http://www.consumeractiongroup.co.uk/forum/showthread.php?p=50223#post50223

 

Yes, open a 'parachute' account now, in preparation for the possibility (with some, almost certainty) that they will close your account.

 

Welcome to the forum & good luck with your claim!

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

Link to post
Share on other sites

thanks for your advice guys (I presume, and I apologise if not :p ) just off to open a new account elsewhere hehehehe, when will it sink in with ALL banks that people are not going to take this carp lying down anymore?

 

 

julia

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Just rang the Scabby to ask where my statements are and low and behold, they havn't done it, even though they admitted receiving the request!

 

I said that the 40 days are nearly up and this isnt good enough, the poor girl on the end of the line said that an "urgent request" will be done and they will post them second class this evening.

 

We shall see

 

 

on the upside, I have opened my parachute account, so all is organised here.

 

Bring it on :-):p

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

just rang the Scabby again to actually confirm that the statements were sent last night, even if they are posted out today I think that this blows away their argument about microfiches and the amount of time it takes to gather old statements.

 

Just awaiting their call now

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

I think it is best to keep your communication to letter rather then phoning them , unless you are recording the calls .

There are steps in the FAQ's in cases where they have not complied with your SAR request in time.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

  • 2 weeks later...

Can a mod please change the title of my thread to the above - ta very much :)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

  • 2 weeks later...

I have been hounding the Shabbey since 7th June for my copy statements, each time they have stated that they are "in the post" Yesterday I blew up at them and told them quite plainly that I thought that they were lying to me.

 

Well today i call and this poor girl who i have spoken to quite a few times now went and spoke to the manager of the Microfiche dept and came back saying that they were having problems with fiches from 1999 to 2004 and that they were having to be sent "upstairs" for the missing items to be typed in!!

 

I am finding this very difficult to swallow, when an item is microfiched, surely it is just copied like on a photocopier? why would items be missing? I think that this is quite worrying but am at a loss as to what to say to them

 

any advice or observations?

 

 

 

Confused and wet of Stevenage (its just started to thunder!!)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Hi

 

please can u give me the name and number for the manager of microfiche department.

 

thanks.

.

.

.

Sign the Phil Whitmore petition: http://petitions.pm.gov.uk/PAYUSBACK/ :)

 

 

Abbey Current Account claim for charges £1307.11

 

26/01/07 Awaiting court date

25/01/07 Courts lost my file!! Said it will be sorted soon

23/11/06 Defence recieved from Abbey

20/11/06 Statements a full 6 years received

16/11/06 AQ completed & submitted

30/11/06 Claim number 6SQ06250 recieved from courts

24/10/06 Claim submitted to courts x3 copies

21/08/06 Prelim letter asking for it back, sent to Pam Speed. 14 days up 05/09/06.

21/08/06 Data Protection Act non compliance letter sent. 7 days up 29/08/06

11/07/06 Reply to Pam Speed Data Protection Act fob off letter.

10/07/06 Data Protection Act fob off letter received from Abbey. dated 06/07/06.

29/06/06 Data Protection Act statement request sent

Link to post
Share on other sites

Just rang them back, they wont give out the number of the microfiche department, and after I questioned them further there seemed to be a serious amount of backtracking going on as to what is actually happening to them, I did ask, that if the microfiche were unreadable then where are they getting the information from? she said that she didnt think that they were unreadable just some things needed retyping, but I couldnt find out why.

 

who shall I ring now? I am thinking that they have seriously ballsed it all up and given me info that they shouldnt have given me,

 

Is it illegal to tamper with this info?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

bumping this cos I would like a few of the mods to take a look at this and let me know what they think, its bugging the hell out of me or perhaps i am making a mountain out of a molehill :)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

I see what you mean.

Very shabbey indeed.

There must be an electronic record somewhere, or has it all been deleted? I think not. Inland revenue etc would not have to endure all this prehistoric microfish rubbish.

Link to post
Share on other sites

I just cant help but feel that this sort of thing is very shady indeed, if not illegal, I cant imagine a circumstance where they would need to be "retyped"

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

I just cant help but feel that this sort of thing is very shady indeed, if not illegal, I cant imagine a circumstance where they would need to be "retyped"

 

retyped from what exactly?

stinks to high heaven this.

It would be good if somebody had all the statements, and then got a new set.... I wonder if they would be the same.....:cool:

Link to post
Share on other sites

thats what I was trying to establish, but they clammed up

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Hmmm interesting...

 

If the fiche is unreadable, and they are 'retyping' the information, then this would suggest that they have the information stored on some other system, thus destroying the whole 'microfiche not covered under DPA' argument.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Link to post
Share on other sites

I did ask the question that if they couldnt read the microfiche for whatever reason, where were they getting the information from? no answer was the stern reply

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Just spoken to the Data protection in MK, they say that they are aware of the problem and that it doesnt effect the transactions, it is just that some of the adding up is a bit dodgy, surely it is done by computer?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Surely thats what a bank does?

Basic mathematics?

That's like hiring a lifeguard, he's OK, but his swimming is a bit dodgy.

:D

 

 

Precisely, what are they doing? printing off the fiche and then adding it all up?:evil:

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

  • 2 weeks later...

I am STILL waiting for my copy statements, rang the DP people in MK and gave them a bit of a rollocking, also today received a letter saying that my OD was over its limit and that I should take steps to repay with in 7 days, rang this department also stating that the amount of my bank charges was in dispute and I do not expect to hear from them again until it is resolves, I did say however, that my Child Benefit will be paid into account every month until this is all resolved.

 

Anyway, i am sending an LBA to Anthony Turbitt in Bradford with an added bit that I reserved the right to amend my claim as soon as get my statements through.

 

 

The clock is ticking!!

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

  • 2 weeks later...

Well today I received the standard "sorry that you are unhappy" letter and a leaflet telling me how i could complain - how kind :D

 

Still no statements despite being told 4 times that they are in the post!!! so I am going to estimate and amend the LBA (2) letter to encompass all this and invite them to settle quickly without the need for solicitors at their expense, I wonder what they will say

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...