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    • We purchased our Mercedes in September 2023 from Doves in Horsham for £21000, paying half cash and half on finance. We also purchased warranty for life via Ramp as recommended by Doves. On 12th May 2024 the car failed to recognise the key and wouldn’t not open, the AA could not identify the problem so via our warranty the car was taken to Mercedes in Croydon. After 3 weeks the problem was finally identified as water ingress in the drivers side footwell which has corroded and blown various components. After further investigation it was discovered the windscreen was date stamped 2019 (all the windows are 2018 - therefore not the factory fitted windscreen) The leak has developed due to incorrect sealant being used assuming when this was replaced and also water leaking from the seam. The warranty company do not cover water ingress so we are now faced with a bill of £3635. As we are now at 8 months since purchase (problem started at just over 7 months) we are not covered by the consumer rights acts. Would we be covered Sale of Goods Act? We have all the reports for the works being completed but unsure if this should be taken to the finance company or Doves who we purchased the car from. Do we pay for the works and then try and claim it back or should they be paying? Any help would be much appreciated
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Moneypenny v Abbey


moneypenny
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I'm very confused about this, Karne. Having read your threads. By filling in the AQ, the N244 and eventually completing yet another N1, i don't see how the solicitors/court will see that I;m amending my claim exactly. As Abbey haven't acknowledged my request for bank statements dated 15 March 2006 I'm not able to give any estimate. I feel like something's missing. Just trying to really understand what I'm doing...hope you understand.

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I think that there's a misunderstanding here. From the very beginning I didn't have any bank statements and as a result couldn't claim any figure. I wish I had, but this isn't the case. Sorry for the confusion.

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hi there moneypenny,

hope you dont mind me budging in on your thread? but i am a bit confused as to what exactly is going on with your claim.

 

it seems very complicated and you must be nervous about it all ive not come accross this yet so your thread could help people in the future?

hope everything goes well anyway for you.

 

could you answer a few questions regarding your claim for me so i know what is happening with you,

 

 

1)what part are you up to with your claim?

2) have you got to re write the n1 ?

3) id so why have you got to re do it?

4) is this because it is an unknown amount?

5) or are you now changing from unknown to estimated?

6)is there a difference between unknown and estimated when it comes down to it?

7) have you got ANY statements at all that you can estimate from ?

8) have you sent a letter to the solicitors saying that the reason you have no info is because abbey havent sent you your statements?

9) have you gone through the courts to enforce they comply with the dpa? or is this something that you are going to do?

10) have you got onto the ombudsman or who ever it is that you complain to? (cant remember!)

 

hope you have a few mins to answer.

 

good luck lisaxx

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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To clarify things.... you've not received ANY statements - you completed a non-compliance letter giving 7 days notice of court action and yet took no action, but instead started a money claim even though you have no record of the charges for which you would like a refund?

 

The Particulars of Claim were worded in such a way that you now need an amendment and it's already at the AQ stage?

 

Why didn't you take court action to force them to comply with the S-A-R?

..

.

 

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.

 

 

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Thanks Karne. Have just completed the N1 form. Just a thought before I send it off. Should I not mention that I've done everything possible to obtain my bank statements or obtain a full and detailed list of my charges and that the Defendant has not complied at all with my request. Hence the fact that this is unspecified.

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Yes - you need to state that they have not complied with a valid SAR under the Data Protection Act and that, if they do now comply, you will amend your claim total accordingly and inform the court.

..

.

 

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.

 

 

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you said that you had to send this off today have you done so yet??

 

hope things are ok

lisaxx

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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thank god you got the info in time i know how worried about it all you were

 

take care mate lisaxx

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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  • 1 month later...

Just got a letter from the Court Office stating "Notice of Change of Solicitor".

"DLA Piper Rudnick Gray Cary UK LLP, Princess Exchange Princes Square Leeds has ceased to act for me and I shall now be acting in person. Is this never ending or what?

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  • 2 weeks later...

Finally got a letter from the court:

 

"Thank you for your application and "new claim form which has been referred to the District Judge along with the file.

 

Her comments are as follows:

 

"It is not necessary to file a further Claim Form. Please provide separate particulars of claim within 14 days and state whether these are amended or in substition.

 

Please also state if you accept that the costs of an amended defence will be paid by yourself".

 

Just for good orders sake, I have copied all my documentation and added these papers to the new claim, one copy to the court, one copy to DLA Piper solicitors and one copy for me.

 

Just want to know basically if I need to do anything as such?

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Finally got a letter from the court:

 

"Thank you for your application and "new claim form which has been referred to the District Judge along with the file.

 

Her comments are as follows:

 

"It is not necessary to file a further Claim Form. Please provide separate particulars of claim within 14 days and state whether these are amended or in substition. i dont understand what this means? why is it not necessary?

 

Please also state if you accept that the costs of an amended defence will be paid by yourself". when you amend something you have to pay for it and it can not be claimed back. so why is it asking if you accept the costs of an amendment?

 

Just for good orders sake, I have copied all my documentation and added these papers to the new claim, one copy to the court, one copy to DLA Piper solicitors and one copy for me.

 

Just want to know basically if I need to do anything as such?

i hope someone comes along to help you here as i dont think i can understand this...! hope you are ok and get it sorted out:)

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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is anyone around to help moneypenny out???

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Karnevil, I've sent a letter to the court stating that my last N1 form is the one to be and not the first one. For good orders sake, I've enclosed a copy of the correct N1 form for their reference. I have not mentioned anything about payment.

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  • 3 weeks later...

think around a few hundred or thousand!!

 

their offices must be hot at the moment!

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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  • 1 year later...

Not to my knowledge or not that I've heard of from the Court. I did receive a letter from Abbey dated 7 August 2007 stating pending the outcome of the test case with the Office of Fair Trading in relation to unauthorised overdraft bank charges, Abbey will ask the County Courts to stay all claims relating to unauthorised overdraft bank charges. Abbey also assures me that they have kept a record of my legal claim.

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Please

Start your own new thread

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

 

Thanks

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