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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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Sarah V Abbey *** WON ***


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still no word, called court today and they said i should have heard by friday if not call again. havent done anything about the letter i received.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Any ideas?
Refer them to section 13.9 of The Banking Code, which states that they will not post anything to credit reference agencies while the account is in dispute. I would also tell them that if they do say anything prejudicial about you to the CRAs you'll just amend your claim to have it removed.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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its short and sweet- does this say enough?

 

We are writing in response to your letter dated 16/09/06 informing us of your intention to register default information against us.

As this account is currently in dispute may we refer you to section 13.9 of the banking code which states that you may not post anything to credit reference agencies while the account is in dispute. We would also like to inform you that if any thing prejudicial about us is passed to the CRAs We shall amend our claim to have it removed.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Sounds fine to me. Concise, to the point, says what it means.:)

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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abbey are soooo funny NOT! received letter today acknowledging my letter of 3rd Aug (the one that says 7 days to respond or i'll take u to court! too late i already have) They apologise for the delay in replying (!)

 

the letter says ' i understand you have already received details of the transactions and charges that are held on our computer system, which was sent to you free of charge (not true, i sent a postal order) within 40 days. you have therefore been given all the transactional data that you are entitled to under Data Protection Act. any details prior to this have been archived onto microfiche. as microfiche records are not held as part of a current filing system, they are not covered by Data Protection Act and will therefore not be provided to you under S.A.R - (Subject Access Request). i can arrange to send you this info, however it is not subject to the 40 days statutory time period. to cover our admin costs, there is a fee... for archived microfichecovering more than 1 months worth of transactional information, the fee is £10 per account.....' blar blar blar.

 

is it even worth replying? why is it none of the shabbey departments seem to speak to each other? I went to the court today to file a claim against GE money, but thats another story.... Anyway I checked progress on this abbey claim and was told it went up to the judge on 22nd so should hear by next week. any advice on the above :-| greatly received.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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  • 2 weeks later...

received letter from abbey dated 10th oct , its the 'sorry that you have been so happy that you felt you must complain...'letter. Don't they know that i'm so unhappy i have started court proceeding against them?!!!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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I hope you read the report on the findings of the investigation into the Abbey Microfiche argument Sarah......... look in the Abbey Section.

 

I summarises that the findings are that the Microfiche system is a relevant data filing system and as such comes under the DPA.

 

Contact them Monday quoting this and ask what you may........... but don't give them a further 40 days or more than a week.

 

Their sorry ass's are yours.............:D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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got letter today in reply to my letter of 26th sept telling them they must not give information to credit reference agencies as this account is in dispute. They say ' I understnad that you disagree with the charges and the balance on the abbey bank account and are seeking a claim against us. However, abbey do not consider your account to be in dispute as the charges are valid under terms and conditions of the account. Therefore i cannot uphold your request' blar blar referring me to fos.

 

they are total b*****! Rang court again today and was advised hearing date has been set for early december and to expect confirmation in post soon. Bring it on abbey!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Received 'notice of pre trial review' @18th December @11am with District Judge Rutland - time to get a court buddy!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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am looking thru all my stuff regarding this case- tring to get it in order! just a quick question- as this abbey account is still active (now without an agreed od) the charges are still amounting- can i add these to my claim and take them to court? or do they have to go on another claim?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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am looking thru all my stuff regarding this case- tring to get it in order! just a quick question- as this abbey account is still active (now without an agreed od) the charges are still amounting- can i add these to my claim and take them to court? or do they have to go on another claim?

 

also i havent claimed 'interest incurred while you were overdrawn' before but now as they have cancelled the overdraft it is nearly £50 per month- can i get this back too?

 

thanks for any help!:-)

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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got letter today in reply to my letter of 26th sept telling them they must not give information to credit reference agencies as this account is in dispute. They say ' I understnad that you disagree with the charges and the balance on the abbey bank account and are seeking a claim against us. However, abbey do not consider your account to be in dispute as the charges are valid under terms and conditions of the account. Therefore i cannot uphold your request' blar blar referring me to fos.

 

they are total b*****! Rang court again today and was advised hearing date has been set for early december and to expect confirmation in post soon. Bring it on abbey!

Thay don't consider the account to be in dispute??? Why are they going to court then? I would write back telling them that you note their comments, and that you've added their letter to your claim documents at the court. When the review hearing comes along you can ask the judge to order them not to send anything to CRAs while the matter is ongoing, and to remove anything that they've posted in since the dispute began. Make sure to include the relevent sections of The Banking Code.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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thanks very much for your reply, will sort that letter and get it out as soon as i can. thanks again robertx c.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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am looking thru all my stuff regarding this case- tring to get it in order! just a quick question- as this abbey account is still active (now without an agreed od) the charges are still amounting- can i add these to my claim and take them to court? or do they have to go on another claim?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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please help - i need to know whether i can add the still amounting charges to this claim or whether i have to start a new one?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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I'm not sure about the procedure in England. I suggest you phone the court and ask them how you amend your statement of claim.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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right, have been reading lots of faqs and stumbled upon lisamellor v abbey- very helpful indeed. i am going to follow her lead and call abbey tomorrow and ask if they want to settle, 1 small problem is i am missing all statements between july 2001 - aug 2004 (microfilche) . am eager to get this resolved as quickly as possible, would it be acceptable to estimate for this period when asking to settle?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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called today to ask if they would like to settle. they took my number and said they will call me back next week. whilst i wait for that i will continue to assemble my court bundle.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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called today to ask if they would like to settle. they took my number and said they will call me back next week. whilst i wait for that i will continue to assemble my court bundle.
You phoned them and asked them to settle? :confused: Generaly speaking, we advise people never ever to phone them once a claim's started - especially not to ask them to settle! When you do that, what you're really doing is saying that YOU want to settle, and that puts you in a very weak position. :(

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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i called them after reading lisamellors thread in which she called them and then got a full settlement.

 

how does this weaken my position? :confused: i asked them if they would like to settle, however if they decline i will go all the way at court on 18th December.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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