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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. 
       

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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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Paul V's Abbey **WON**


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Hi PKea.

 

You have to take or send the bundle direct to the solictors who are defending the case. Not to the bank.

 

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Hi All

I'm due in court wtih Abbey on 2nd Febraury.

All my docs have been sent in, and recieved.

I have noticed that a few people are emailing Inga or Christine to see if they want to settle out of court.

Has this been working and have they been full settlements?

Does anyone have a template for this letter?

 

Thanks in advance for any info

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I would just email them and say t6o save costs to both parties would they be interested in negotiating a realistic settlement before the court bundles have to be in, I am sure that they will negotiate

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I delivered my bundle to my local branch last saturday and got a reciept for it.

Today i revecieved a letter from Abbey saying that they had recieved my letter but no the documents.

I havent spoke to anyone at Abbey yet as the letter has no ones name on it.

How can they have the letter and not the bundle?

When i speak to someone at Abbey i will mention that they need to lok into their internal mail system if they havent got all the documents, because i have a signed reciept for them as well as breing on their CCTV handing it over.

I was going to email a copy of the documents to them, or do you think i should just tell them they have lost them in their system?

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I received a 'General Form of Judgement or Order' from the court today, following the receipt of my bundle last week.

Point number 2 is:

The evidence to be filed by the defendant must include a detailed witness statement from a responsible officer fully explaining the rationale of its charging regime, the basis of computation of it charges, and its decision to apply them in this case'

Point number 3:

The statement must be served and filed by 19 January with all other evidence relied on.

 

Cant wait to see what Abbey do now.....

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This is the Full Order:

 

Before DISTRICT JUDGE XXXXXXX sitting at Tameside County Court, Henry Square, Po Box 166, Ashton Under Lyne, Lancashire, OL6 7TP.

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

AND UPON reading the court file

IT IS ORDERED THAT

The order of 27 November 2006 be varied as follows:

1) The hearing time is brought forward to 11:15 am

2) The evidence to be filed by the defendant must include a detailed witness statement from a responsible officer fully explaining the rationale of its charging regime, the basis of computation of its charges, and its decision to apply them

in this case.

3)The statement must be served and filed by 19 January 2007 with all other evidence relied on.

Dated 12 January 2007

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If Abbey dont send in the required documents by Friday, What happens?

Do I phone the court on Friday then, and if they haven't sent in the ducumnets do i ask for judgement

or do i wait till the actual court date?

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I'm thinking of sending this email to abbey, can you guys tell me if its ok?

 

Re: Account Number -

Claim Number -

 

Dear James arrandale,

 

I am now aware that the date our court papers have to be submitted is by the 2nd Feb 2007.

 

To save costs to both parties would you be interested in negotiating a realistic settlement before the court bundles have to be in?

 

I hope we can resolve this case amicably.

 

Yours Faithfully

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hi paul

we have just done our court proceedings on line, we are still trying to fathom out the court bundle which is totally confusing. Is this a way to get the banks to stop dragging there feet. I am getting a little anxious as its getting nearer the deadline. I hope everything goes ok for you, keep me posted and i will let you know if i receive a letter the same:confused:

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I have just spoken to the court to see if Abbey had filed the documents requested by the Judge, and apparently they filed them on Wednesday.

Does Abbey have to send me a copy of these documents, and if so - when should i recieve them by?

As the Judge ordered them to explain their charges and how they calculate them, i am eager to see their documents.

Should I phone Inga and ask if she sent me a copy of the docs, or just wait?

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I think that out of politeness they should, you should request a copy from Abbey, what I would do is to ring them on Monday and ask for a copy (you could also ask them if they have complied with the judges order, if they havnt then you can ask the judge to strike out their defence but my guess is that when you ring on Monday you will get an offer to settle, add up all your costs for doing the bundle plus all the time that you spent collating it, I bet it was quite some time, (they paid someone 49 hours prep time last week at 9.25 per hour!!!) and see if they want to settle

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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OK, I will see if any post arrives today and if not i will give Inga a call this afternoon.

Also, i am curious about the expenses figure.

Where did the £9.25 per hour figure come from?

Is this a court agreed expense rate?

Or could i claim an hourly rate of what i am paid at work.

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Just called Inga to ask if she had sent documents to me, She is going to find my file and call me back.

 

I also phoned the court to see if Abbey had complied with the Judges Order, and all thet could say was that the judge would look at their documents at the hearing.

 

So ile just wait for Inga to call back and see what she has to say.

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