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

      Many thanks 
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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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Wiffaleen V Abbey ****** WON ********


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Hi Karne

 

I'm a bit confused about why I'm applying for a stay. Pls can you explain what this means ? From my understanding of the stay it indicates that I should be contacting them in an attempt to settle before court...( which i dont' think they are going to do know) and then after 28 days we are back to court anyway??!!

 

Pls help this is all getting too much for a mere novice like me and I'm thinking of giving it all up

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Hi The reason this has been suggested is because there is already a test case listed in the Mercantile court.

On the basis of that your case should be stayed pending the outcome and conclusions drawn from that hearing.

We should not draw conclusions at this stage but our experience of Mercantile court hearings so far make for interesting reading !!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi karne & martin 3030

 

Thanks Martin 3030 for your reply, that explains the suggestion to apply for a stay.

 

Karne (or anyone else) what do you think to the letter i drafted, if its ok I will get it sent today

 

Thanks for all help as ever (getting more & more confused by the minute)

 

x

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[quote=wiffaleen;377015]Hi Karne

I'm a bit confused about why I'm applying for a stay. Pls can you explain what this means ? From my understanding of the stay it indicates that I should be contacting them in an attempt to settle before court...( which i dont' think they are going to do know) and then after 28 days we are back to court anyway??!!

Pls help this is all getting too much for a mere novice like me and I'm thinking of giving it all up

 

Hi Wiffaleen

 

Don't give up. Sometimes it feels like thats the way to go but dont let shABBEY take the p*ss and think of all the hard effort that youve put in already.

 

I'm exactly like yourself and am a novice with all this legal marlarky...but im learning every day!!

 

Our cases are different but they lead to the same conclusion it seems. shABBEY will pay back your charges in the end by whichever path this follows. They'd rather do that than explain how their blasted penalty charges are made up.

 

Hope ive given you some support. I know exactly how you feel as does everyone on this forum.

 

Hold your head up and do whats best for you!!

 

...and Good Luck.

 

:D :D

 

LIP

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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Hi Wiff

 

Seems we are in the same boat with very similar hearings and orders. I am going to write to the judge and go with staying the claim pending a decision in a test case involving abbey, unless some one sujests otherwise. I think a number of cases are already in the mercantile court, so no point clogging up that one as well. I need to check how many if any have been settled out of court in the multi track, might be worth bringing that to the attention of the Judge in the letter. I will keep you informed of any progress and will keep a beedy eye on your thread as well. Good luck and best wishes.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hi all

 

Thanks for the support that you given especially lost in paradise, bish & Karne

 

Was having a bit of a bad day and was losing the plot slightly!! seems as though it's all out of my hands.

Anyway now I've sent the letter to Abbey applying for stay. As my prelim is on 28th do I wait to see if I hear anything or do I notify the judge anyway that I've asked for a stay?

 

Thoughts & comments appreciated as ever

 

Thanks so much for all help rec'd

xx

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Hi all

 

haven't heard anything from abbey (surprise surprise) Do you think that I should phone them to check whats happening or just write a letter?

 

I'd like to know where I stand so I can sort out arrangements for 28th if need be

 

Comments appreciated from all

x

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Hi Wiffaleen

 

I did post the full order that I received from the court, have a quick look and see if it is the same as yours. I read from mine that 14 days before the hearing abbey had to send me and the court either details of proceeding test cases or draft directions for my case to be heard as a test case. I have received nothing from abbey, so I am assuming the court has heard nothing, in which case abbey is in breach of the order. I am sending a letter to the court explaining I am unable to attend, that I am happy to abide by the Judges decision and that I have not received the required information from them. Iwill also send a copy to abbey. What do you think. I did pm Karnevil for some feedback on this but not heard anything yet. Wan't to get letter in by 5 day deadline, so needs to go in post now.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Have just completed my court bundle of almost 200 pages - just spotted the Competition Commissioners report (Karnevil's post) - another 200 pages. Can I just save it to disk and send copies to the bank and court, could I just make reference to it somewhere on the N1 or do I have to print it in full 3 times if I want to refer to it at all in court? Do I just go with what I've already got???!!

Abbey recovered £817 -Jan 07

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HI bish

 

Your letter seems to be exactly the same as mine. But I didn't receive it until 16th Nov, but like you I haven't rec'd anything from abbey. I think you are correct about breach of conditions. I also need to write to judge but I haven't had a reply from previous post yet so don;t know if to contact abbey first or not.

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Hi all

 

Rang abbey this morn to check if rec'd my letter requesting stay. They took my name case no & tel no said would call me back later

 

Just had call and have agreed to settle claim in full - WHAT A RESULT!!!!!!!!

 

am just waiting for email to confirm!!!!!

 

I guess I need to write to judge and notify him of this as tomorrow is 5 days before case

 

YEEEEEEhaaaaaaah

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karn - i'm really confused as to why i still seem to be dealing with dla piper and everyone else is now dealing with abbeys in-house solicitors - do you think they just forgot to update me on the change?? i've sent my bundle to dla now so they can b****y well forward it on if the solicitors have changed!

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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Hi Wiff

 

Great Great Great news, If they have settled with you then I am hoping they will settle with me now. I am so pleased for you and hope that it will soon be over for me. Enjoy the money, Just in time for Christmas. Best wishes.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Morning all

 

I've rec'd email confirmation from abbey that a cheque has been paid into my a/c (have 2 wait for it to clear in normal abbey tradition) nevertheless a complete result

 

Many thanks once again for all help rec'd keep up good work and maybe 1 day banks will stop ripping us off!

 

WIll donate next week when chq cleared

 

Good luck to all you can do it don't lose hope

 

xxxxxx:D :D

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Woooooo hooooooo well done Wiffaleen.

Congratulations. I'm glad you kept going. Hope the money brings you a very merry xmas!!!!

:D :D :D :D :D

LIP

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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