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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
        • Like

Sarah V Abbey *** WON ***


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Sarah,

Very well done, have a Fantastic Crimbo:D

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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  • 2 months later...
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thanks for the reply- think i will go ahead and send the letter as there is still the matter of the default being removed.

 

Will update as i have info

 

Sarah,

Did you have Removal of Default as part of you claim to court? (sorry, not read your whole thread:) )

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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yes i did

Ok.

In the Settlement Letter from Christine, and in any subsequent letters of settlement from James, is the Removal of Default mentioned as part of your settlement?

 

If it is, great...

 

If not, have you signed an acceptance of settlement offer letter, and if you have, did it have the Default Removal on it?

 

....

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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Share on other sites

waiting with baited breath for your next post as moorcroft collection agency have again been hassling me- i just dont need it. will call abbey debt number tomorrow but just know that they wont be able to remove the default- theres always a reason with them. thanks everyone whos helped me- where would i be....!!!

 

Sarah,

Don`t give up on having the default removed, they can remove them:o

 

Last week I was just checking online and found that my Default from Abbey had been removed, and they hadn`t even told me.

 

Check online at Experien daily as you may be suprised to see it just disapear like mine did.

 

As for the problems with the DCA, I would phone James and tell him that unless you get confirmation in writting from him by the end of the day you will be returning to court as your claim was for Refund etc plus Default Removal and therefore as they have not taken the action that Christine had agreed too on their behalf, you will be asking the judge to set a new court date for a full hearing.

 

Tell James that the CRA harrassing you is causing you Stress, and that if it is not resolved immediately you will also be seeking compensation for the stress that their inability to deal with the issue has caused you.

James may say that a Court would not award you compensation, and they may not, but Abbey will!

 

You have the upper hand with this, they are in the wrong and need to sort it out to Your satisfaction.

James is a good understanding guy, and aslong as you explain in detail to him the stress that is being caused, he will get it sorted for you.

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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  • 2 weeks later...
no news (but thought i'd post anyway!) since i took the letter to court. back to waiting .....

 

Sarah,

What did you put in the letter?

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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Share on other sites

Sarah,

Sorry if I`m going over old ground here, but -

 

Is your court date in April a hearing to discuss Default Removal?

ie; does your POC contain as one of the requirements in your claim The Removal of Default Notices registered at All Credit Reference Agencies.

 

Or, are you relying on your ammended letter of settlement returned to Abbey with the default removal requested on it, and if so, did you keep a copy of the ammended aceptance?

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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Share on other sites

my hearing is the date of the original hearing which was adjourned whilst they negiotated with me.

Removal of default is on my orginal poc and mentioned in the letter i sent last week.

 

Excellent, that clears that up.

 

I would continue to try and get in contact with James Arrandale, don`t bother leaving voicemails for him if you don`t get through, as firstly, he never responds to voicemails, and secondly, it may come across as a bit desperate and that your scared to go to court etc.

When you do eventually get through to him he will sort out the settlement for you and get the default removed, its just that he is Snowed Under at the moment with so many court actions being taken out against Abbey (Can`t for the life of me think why:D )

 

Stick with it, you`ll get there in the end, and don`t forget to mention the `Stress` of being chased by the DCA when you get through to him, tell him if he does`nt get it dealt with as a matter of urgency you will submit an ammended POC to the court for compensation (they paid me £5k compensation out of court, they know the courts will pay it out if it ever got that far)

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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Share on other sites

  • 2 weeks later...
he never called me back so on monday i will ammend the claim details to include compensation

 

Sarah,

Give him one more chance, call him on Monday (after 1pm) start the conversation with "You said you would call me back but you have not, I wanted to give you one final chance to resolve this before I ammend my POC"

See what he say`s, its got to be worth giving it a try.

 

James is a good guy, he is just so snowed under at the moment with the massive increase in claims that Abbey have had this year:o

His target is to deal with each claim to get a resolution and keep Abbey out of court, he just sometimes needs a bit of an extra push to be able to achieve this.

 

Hope this is of help

  • Haha 1

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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