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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.  

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      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.

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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.

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      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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missphant versus abbey hearing 8th Dec ** WON **


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well, following my dpa letter I have now sent off a 'letter requesting repayment'. this was sent on 05.06.06 and i'm now preparing my next letter to be sent on 20.06.06 'letter before action'.

 

i originally wrote a 3 page complaint letter detailing their failings which led to £1000 of bank charges (though I did offer to take some of the blame and cost), but was fuming when they emphasised previous statements that the whole situation was my fault, but 'here's £20 to play with as a goodwill gesture'.

 

i've now discovered this wonderful site and am gonna whoop some abbey butt!

 

good luck to everyone else in their pursuits - keep in touch cos I will!!

:roll:

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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  • 2 months later...

Right, haven't posted on my own thread for a long time as I've been watching others, but now mine is progressing to a court date I feel I should keep people informed!

 

I'm just about to submit my allocation questionnaire (need to post it tomorrow really so as not to risk missing the deadline which is 5th Sept).

 

The questionnaire I wondered if people could answer is...in the info box where I write what I'll be relying on, what are the bare bones of the information that needs to go there. I believe I'm right in thinking I can submit extra stuff at a later date, but just want to check what is essential (other than what I've read on this site about putting that it'll only take about an hour)

 

Also, I was offered a 50% settlement, but I politely refused it. I didn't save the email refusing this (yes I couldn't believe I was that stupid), but I'm guessing I couldn't have used it anyway, as it was in response to their letter marked 'without prejudice' and I quoted their figures from that letter and i'm not allowed to bring up that letters contents in the court am I?

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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All of your correspondence with the solicitors that discuss an out of court settlement should be marked WITHOUT PREJUDICE. I don't think you can rely on the fact that you're replying to a WP letter.

Abbey - Won DPA Claim - Aug 06 and got bailiffs in to recover my court costs of just £30.00

Abbey - Won Charges Refund of £1050 - Nov 06

Egg - Recovered £220 due to Customer Services misinformation - Feb 2007

Nat West - Prelinimary Letter to recover on Credit Card charges £30.00 sent March 2006. £25.40 offered - rejected and the bank reckons that this is it's last word on the matter. We'll see if that's still the case when it reads my N1 form sent recently. It has until the 17th April to respond or the N1 will be submitted.

 

Please check out my web site www.BankChargesScandal.co.uk for Research, Useful links and my story.

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Thanks oddfellow - that's useful to know. I wrote the figure into the email i sent back to dla so that if they did use it the judge would no that they had tried to settle and they would have to refuse to admit how much for by blocking it out. to me settlement equals guilt considering in their defence they state all their charges are legit - if that wad the case they wouldn't even attempt to settle!

 

Thanks kareveil - i'm gonna check that out straightaway!!!!

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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quick update - I have submitted my allocation questionnaire (first class recorded) to the court and have sent a copy to dla. On the other info section I wrote the bit by Alan from Derby (thanks for the tip Karnevil!) and I also mentioned in there that on top of everything else the bank had broken the banking code with regard to my account.

 

I attached the original three page appeal/reasoning letter that i sent abbey in february before i began the official route as outlined on this site, as in it i have described how Abbey broke the banking code and as a result made me incur 80% more charges than I should have done!

 

thought that might add a little weight to the argument. abbey state that they issue these charges because of the damage suffered by them when customers go overdrawn - well if they'd dealt with the situation as they should have done the 'damage' would have ceased after only £120 in charges instead of £900!!!

 

If anyone wants a copy of the letter to perhaps help them to see if they can adapt the wording and so on for their case (or even just for amusement) then you're welcome to PM me with your email address.

 

Will let you all know when I hear more!!!

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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i've just been doing my usual routine of preparing for my upcoming court case and made a brilliant discovery - so simple but something others may not have thought of...go to google and type in 'extortionate bank charges' and click 'UK pages only'. Hit search and watch the screen fill with pages of case studies and easy to understand websites providing the legal wording we need to throw at the banks during our cases. It is literally in black and white on the screen and for anyone like me who was worrying about the legal jargon and where to find the sources - this was a goldmine. Further variations such as typing into google the names of well-known cases that I found on these sites also threw up loads more. Either do it yourself, or PM me and I'll be happy to send over what I have!!!

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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  • 2 months later...

hey all, quick update for you...my court date is 8th dec so I am posting off my court bundles tomorrow (1st class registered!). i currently have around 250 pages but still have more to add! tonight's fun mission will be to sit and number and highlight everything! great!

 

will keep you informed of any new developments... (i also posted letter to judge today - thank you karn - took it from your business thread! Just respectfully highlighted what was written on my AQ which was for full disclosure of their costs)

 

I emailed dla piper to check i still need to send the bundle to them and not a different solicitor and haven't heard anything back so guessing they're still dealing with my case - their fault if not, as neither they nor abbey have bothered to inform me if the rumours are true from about a month ago that they changed!

 

if a mod passes through this thread could they please alter my header to show my imminent court date (fri 8th dec) - thanks :)

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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well...all done and dusted - one bundle sent to court and one to dla piper! figure i'll leave it a couple of days then email the solicitors and ask if they'd like to settle up now or see it through to the bitter end. have to be honest now that i've done my bundle i'm feeling quite confident about the court hearing now so if they do see it all the way through then BRING IT ON!!!

 

may not be saying that come the evening of the 7th dec but hey i am now!!!

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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Miss. DLA piper are not Abbey's solisitors anymore, I hope this won't delay your case? or will DLA just forward them on? I had to send my bundle down London to Abbey's in house solisitors.

Data Protection Act letter sent 10/04/2006,

priliminary letter sent 23/05/06,

LBA sent 7/06/06

claim issued 23/06/06

deemed to be served 25/06/06

Abbey Acknowledged with intent to defend, they have got until: 23/07/06

50% offered + interest, rejected: 21/07/06

AQ recieved 27/07/06,

AQ posted back 09/08/06

Court date 13/12/06

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I had a letter off the court informing me that they had changed

Data Protection Act letter sent 10/04/2006,

priliminary letter sent 23/05/06,

LBA sent 7/06/06

claim issued 23/06/06

deemed to be served 25/06/06

Abbey Acknowledged with intent to defend, they have got until: 23/07/06

50% offered + interest, rejected: 21/07/06

AQ recieved 27/07/06,

AQ posted back 09/08/06

Court date 13/12/06

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yo peeps - thanks for the feedback. nope karn is right i'm afraid - i've never received a letter from the court or anyone else to say they've changed. plus i emailed mr useless at dla the day before i posted it to see if they'd changed and he never responded. don't know why i thought he would - he's never responded to any of the few things i've sent. i made sure a copy of that email went in the bundle too so the judge knows i tried to sort it out!

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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  • 2 weeks later...

well, i used karnevil's letter template from her business thread and asked the judge to consider requesting that abbey submit a breakdown of their costs to provide a simple ending to the matter and THANK YOU MR JUDGE he only went and ordered it! they have until this thursday at 4pm to submit a full breakdown of costs as to why i was charged the amount i was. ABBEY - read it and weep :)

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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Excellent news missphant!!!!!!!!!

 

You should expect a settlement very soon, I'd say within 60seconds of them opening the letter from the court asking them to give a breakdown of their cost's!!!!!!!!!:-D What I'd give to be a fly on that wall........:-D

 

Well Done, again!

Phil:)

This is only my personal, honest opinion!

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as Phil has said, expect a nice letter giving you all your money back very soon, that letter that Karne and yourself sent didn't work on my judge though, he must have been in a bad mood lol.

Data Protection Act letter sent 10/04/2006,

priliminary letter sent 23/05/06,

LBA sent 7/06/06

claim issued 23/06/06

deemed to be served 25/06/06

Abbey Acknowledged with intent to defend, they have got until: 23/07/06

50% offered + interest, rejected: 21/07/06

AQ recieved 27/07/06,

AQ posted back 09/08/06

Court date 13/12/06

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hi miss. good luck!! can you tell me where karnevis business thread is? i cant find it but i want to include the breakdown of costs letter you used. my court date is 20 dec and i have to have my bundle in by the 6th so im in a real hurry to get it done! any help would be appreciated :)

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well, i used karnevil's letter template from her business thread and asked the judge to consider requesting that abbey submit a breakdown of their costs to provide a simple ending to the matter and THANK YOU MR JUDGE he only went and ordered it! they have until this thursday at 4pm to submit a full breakdown of costs as to why i was charged the amount i was. ABBEY - read it and weep :)

 

Hello,

Would you happen to have a link to the thread?, as I`m just waiting for my court date, and would like to have the letter ready to send (like to be 1 step ahead when possoble).

Would really appreciate your help with this as I understand that my local court are quite quick at arranging court dates (Slough).

Thanks:)

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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hi guys - sorry for delay in replying, i can only get on net at work at the mo and they don't like me going on too much! if anyone wants me to send them the letter just pm me your email address and i'll forward it to you

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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get in you beauty!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

fingers tightly crossed now...ok here are today's events...

 

within two mins of each other i had missed calls and answerphone messages. first was the court asking me to call urgently about the court case on friday. second was abbey asking me to call asap as they'd posted me a cheque on 29.11.06, but that it had been sent back to them and when they'd rung the court they'd been told i'd moved.

 

rang court, but couldn't get through. then rang abbey and spoke to the lady who left a message and explained the change of address and that I had notified DLA Piper and the Court at the same time. I also explained that I was now aware Abbey had changed their Legal Reps, but had not been told at the time of change so it's not my fault that I notified the old solicitor! she said they were sending the cheque as they were satisfied with things their end (whatever that means!)

 

she took new address and said cheque would be sent first class today and asked me to therefore ring the court and say i was no longer continuing with the case. i explained i would instead ring the court and request adjournment pending the cheque clearing and of course checking that it had been made out for the right amount!

 

so to check...they are meant to be paying me back my court fee, plus my £10 DPA letter cheque, plus bank charges, plus 8% aren't they? i'm thinking i should ask for the interest to be paid up to today, as it's their fault they have only just got in touch to find out the right address to send cheque to! any thoughts anyone?

 

i got through to court and explained i would prefer not to drop claim altogether until i'm sure i've received full and final settlement so have now followed their instructions and faxed a polite letter to the judge explaining the defendant has now decided to reach out of court settlement and that I hoped an adjourment would be agreed so as not to waste his time by keeping this Friday's court date in case it's not necessary. Abbey have also been asked to fax confirmation of adjournment to.

 

Rock on... :)

 

big thanks to everyone for their help in getting to this stage (especially the now 'old hats' like karnevil!)

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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a thought has suddenly occurred to me...i bet the bank's solicitors take time each day to go through these threads and try and identify who their clients are on here!

 

well, after my post today i'm 99.9% sure they can identify me!

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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Well Done missphant!!!!!!!!!!

 

We knew it would'nt be long for them to settle after the order from the Judge!!!!!!!

 

Absolutely Brilliant Result!!!!!!!!!!!!

 

Phil:)

PS Thanks for the letter!

This is only my personal, honest opinion!

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