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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 
      • 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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Sarah V Abbey *** WON ***


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how it gone then?? have you contacted them??

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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hi lisa, yes i called them, spoke with christine and she said someone would call me next week. so fingers crossed and watch this space! thanks again for your help x

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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oooohhhh let us know what they say!!

 

and dont forget to make sure you check the interest everyday in the morning so if they ring you have it upto date!! dont want to miss out, even a few pence is better in your pocket! and dont forget to add your dpa/sar £10.00 fee on also!!

 

lisaxx

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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called again today, i am on christines list of people to call back- i asked if it was a long list and she said that is an understatement. we are obviously keeping them nice and busy!!!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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hope you hear something tomorrow!

 

xx

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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when i sorted out settlement, i received a letter a few days later outlinging everything. basically saying that i have accepted the money, but it is not them admitting it bla bla bla.

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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So long as they settle your claim in full, they do not have to accept any liability. However that is the only thing they can lawfully not admit to. If they want to attach any other conditions then refuse.

 

Were there any conditions?

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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no conditions at all!

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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still waiting, think i am lower on the list as they like to leave it last minute and there is still another month before my hearing.

 

I have a figure in mind for a settlement but as it takes into consideration the 3 years of missing data it is considerately higher than the amount i have put on court forms. Any thoughts on this? will it work.

 

in the meanwhile if i havent heard from Christine by Wednesday I will call again. will update the thread as soon as i have news. thanks for any help on the above

 

sarah

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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hey you dont know unless you try, though i am pretty sure that they can find out your charges. and the dates, then when they come to you with an offer, ask for the charges and the dates that you dont know about, ask them what figure they are looking at, take their number and go away and do the maths. if they wont give you the details of the charges and dates that you are not aware of, then tell them that you have to take this into account, and you do not want to short change yourself!

 

just roll with it, if it feels right to you and you are happy then go for it, but always push for that bit more, they are probably expecting it anyway, and no matter what the end result will be the same!

  • Haha 2

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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am going to call tomorrow just getting myself in order. its a school and playschool day tomorrow so 2 kids down, will put the baby to bed then call. Been dreading receiving their call back whilst they are all here, i'm going to need quiet for max concentration. I'm going to make Christine speak to me about it. will definately be following your advice Lisa. Will update as soon as it happens. wish me luck

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Guess what the postman just brought for me? all my missing statements YES! need a day or so to work thru them but its great news, i will know my final claim figure! Well i'd better get started.

 

Very intesting to know that i sent my SAR request on 3rd July and only today have they provided full details. Supposed to be 40 days not 4 and a half months!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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I dont think they understand that if they were wiling to negotiae NOW we would probably accept less than we would at a later date - surely they would want to save themselves some money, think they are gonna need it. Noticed some serious Abbey Ads on t.v

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it would be interesting to see what you thought the amount was and what it actually is??

 

anyway nice one!

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Share on other sites

The amount isnt as good as i was thinking- however that takes into account the fact i didnt have a clue what charges were on the dates in question and my estimation was based on the current years charges multiplied by the amount of years. it seems i managed my acount a lot better then! still working on the figures tho, trying to eek them out as much as possible! Dont want to short change myself! Can i ask for compensation to be included in my settlement do you think. It has caused untold stress and theres also the default and having my account frozen. What are your thoughts?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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i wouldnt bother, unless you have been caused to loose your house or something along those lines. and i think that you have to have some sort of proof.

 

bet your gutted about the total? at least the interst will go up everyday!

 

lisaxx

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Share on other sites

Hi Sarah

 

Have you heard any more from the Abbey? I sent my lba and received an letter offering me a 1/4 of what I'm owed. I have threatened court action and received a letter from them telling me that they can do nothing more for me. Do you have any advice on next stage?

 

hello haliali,

 

abbey have never made me any kind of offer, i wish!

your next stage is to stick to your timetable, start court proceedings. you can either fill an N1 in person at court or use the online service money claim. Read this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html it has all the info you need.

Good luck

:)

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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HELP! ok- court bundle seems ok. The problem is with the spreadsheet and figures. It was the first spreadsheet i done and i seem to have used contractual interest at 9.9% and then applied statutory at 8% , i now think that only 1 interest (contractual or statutory) can be applied. Is this right? Also does anyone know , my claim was for a set amount plus interest and to make them produce missing statements- i have now received these missing statements so will it be acceptable to add their worth to my claim amount to go in my court bundle?

Altho i have a few claims on the go and have had one settled, this is new water for me, preparing for court so any help is greatly appreciated.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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