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    • 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
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Eileen Hodge v Abbey- Won!


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Sent my DPA request letter Friday (10/03) got a reply today 15/03 they have forwarded my letter to the Complaints Dept who will contact me in due course and the information I have asked for (all my statements for 6 yrs) will be forwarded FREE OF CHARGE.

BUT if I still want to make 'a subject access request under DPA' it will cost me £10.

Is my understanding that they are going to give me what I asked for freely and I don't need to pay for the info under the DPA correct? Or does that mean I could wait for ages and ages before any thing happens?

HELP! What should I do?

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Keep that clock ticking. 40 days and if you don't have all info requested, complain to the IC. If they want to waive the charge - and there's a sentence you don't hear very often when it comes to banks! - that's up to them.

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Have already marked 40 days on the calendar from when I posted it will 5 more days now cos it should have got to the complaints dept by now!

Thanks will keep posting as it goes along.

It really is great to have someone there for support.

Thanks.

Ex

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  • 1 month later...

I have worked out my charges for the last six years £2452, put them on the spreadsheet downloaded from the site but interest calculator doesn't work. Found the formula for working out daily interest in the Library, so will I have to work out the days passed and daily interest accrued manually or is there another way?

 

I haven't got Excel, but downloaded Open Office.org and it doesn't calculate it for me. In fact in the two columns that should have the days lapsed and interest accrued it has NAME and hash sign. Any ideas please?

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Hi Eileen,

 

If you PM me with an email address I will send a working Open Office spreadsheet to you...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Oops - that reminds me.

 

I haven't put it in the library yet - sorry for that - I'll do it today.

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Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Oops - that reminds me.

 

I haven't put it in the library yet - sorry for that - I'll do it today.

Thanks...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

I posted my Letter before action to Abbey and got a reply back sayiong the normal sorry about your complaint we will look into it etc etc but they also said if they hadn't heard from me in 14 days they would presume I was happy with their reply.

Unfortunately my computer died before I could go to Money claim to start action. It has now been restored but their 14 day limit for me is up on Monday (bank holiday) should I send them another Letter Before Action or just carry on with filing the claim with court?

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File your claim as stated in your LBA 14 days from date of that letter....never mind their timetable - stick to yours!! :) Don't worry if the timescale has elapsed owing to your computer breakdown, just do the claim now...

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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I'm always amazed by the arrogance of the banks when they tell us they will take up to 6 weeks to "investigate your complaint", especially when we all know they will just send out a standard response telling us to go to hell. They really do think we will abandon the deadlines we set and start using their dates don't they?

... a little

Mahala is a powerful thing ...

 

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All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

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Yeh - like they give us 6 weeks or 8 weeks or how ever long we feel like before they take our money - not.

 

Good luck by the way.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 5 weeks later...

Had a letter today to say they have filed a defence with the court and will I accept HALF plus court costs. Cheeky pigs!! There is only 3 more days left bfore their 28days were up.

 

Do I write and say no I want all of it or do I just do nothing?

 

Looks as if I might be going to court, something I didn't really want to do on my own. Typical I suppose with my luck as it is at the moment, they're going to choose me as the first case to go to court!!!!!!!!!!!

 

Any ideas anyone? Appreciate any input

 

Eileen

MODERATED 4 threads merged , please keep to your original thread when updating , thanks

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if it's any help, they have used the same tactic with me(you can compare their defence on my thread) and (eventually) NeilP. Personally, i've refused the offer and am now awaiting a court date, but obviously the decision is yours.

steter from dover, successfully reclaimed £2700 from Abbey thanks to THIS website

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Have received Court Allocation questionairrre, 27th June. They have transferred it to my local court. It has to be in on or before 15th July, thinking of putting in on the 14th and hoping I'll get my refund before then, and I won't have to pay the extra £100 court costs. Getting a bit close now, hope I'm not going to be the first one that goes to court!!!!!!!!!

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  • 2 weeks later...

Thanks Karne.What did you put in the other info box. I've put "Intend to prove Abbey has taken £****** by way of unlawful bank charges." The court has a breakdown already, as I sent them one when I sent DLA one. Do you think thats OK?

Eileen

PS Do you think I should change my name so they find me on here or am I being paranoid?

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Yes I phoned this morning to tell him I was putting in my AQ and had he got a final offer and got a recorded message saying he's away on annual leave!!!!!!

all right for some!!! As you say it looks as if its going to drag on for us.

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  • 3 weeks later...

Hi All,

This morning just received full settlement!!!!!!!!!!!!!!!!!!! Going to look at my bank account over the next few days to see they have deposited it before sending back copy letter of receipt of funds into bank.

This couldn't have come at a better time as our family has been devastated over the past fortnight with the loss of our eldest son, but this has brought some happiness into our lives just for a moment.

So don't give up any of you, push it to the limit and don't back down its worth it in the end to join the members who have won.

Thank you to all of you who have helped me get thro it all, and kept me going when I was going to give up, I'm so glad I took your advice.

 

Eileen.

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Many congratulations on your win and good on you for keeping going when all they want you to do is give up. I hope that it brings you some happiness in this tragic time. I am truly sorry for you and if you want to talk about it, there will be lots of us around to listen.

 

xx

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Congratulations!!

 

Im so sorry for your loss.

 

Eileen

.

.

.

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

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