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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
      • 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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my final amount is nearly double the value i put on the claim form.

The brief details of my claim read 'Order under section 7 and 15 (2) of the DPa 1998 (missing data july 2001 - Aug 04) also claim for charges applied to the account between 24th May 2004 - 24th Aug 2006.

 

i now have the missing data mentioned above. as this is mentioned on my claim should be ok to enclude it... do you think? i dont want to have to start a second claim if this can be avoided.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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thanks for all the advice glen and bish.

 

glen, i shall write to them as you advise above, however as my hearing date is 15th Dec and i have to send the court bundle by 2nd dec, what schedule of charges should i include? ammended or unammended? shall i send the ammended one with a copy of the letter i send to abbey? its all rather last notice but i have only recently received the missing ststaemnts. thanks again

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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i am finally in negiotation with abbey, about time as my court hearing is 15th dec. My orginal claim was for non complience of Data Protection Act for missing data and known charges. I have just been provided with these missing statements and want to incorporate the extra charges into my claim. so i have contacted them- hence the dialogue we are now in. the woman at abbey has asked me to provide the schedules as she is without the files! good start i thought.

 

my problem is with my schedules- they were the first claim i prepared a schedule for and i think i've done it wrong. i have gone for contractual interest and also added the 8% for the final figure. i am certain its wrong now. i think i can only use one interest rate not both- can you clarify for me. the paperwork is starting to get me down. i have too many claims on the go! any help very greatly received.

Thanks Sarah

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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thanks glen for your good luck wishes- i feel i am goi ng to need it!!! EMailed Christine with my schedules awaiting her call tomorrow. i'll keep u posted

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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ok just rang the court and they are going to send me N244- they said if abbey give permission to ammend the value and poc then it will cost £35 or if they refuse £65. My deadline to get bundle in is actually tues 5th dec so i have a little bit more time than i thought. will drive the bundle up to court on tuesday if necessary. back to waiting......

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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still not heard from christine even tho promised a call back thurs/ fri so have called again and left message

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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YES

court bundle is completed at last. Totals 100 pages. Bored of writing pages numbers etc. Heading to court as soon as i pick up my eldest from school. Here i come!!!:)

 

also received and will be taking N244

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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after school and all the photocopying, arrived at court at 4.10. The office had closed at 4 and the security guard said they couldnt take my bundle. I was livid and rooted to the spot until the man on switchboard called small claims and someone came and took my bundle. He only took one of the copies even tho i have 3- should i send one to the defendant? will be costly in postage? any ideas?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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SETTLED!

Spoke with christine a few times today and eventually we agreed on an acceptable settlement figure. She has sent me an email confirming the details, which i am to sign and send back. i said that i will not cancel the claim with the court until i have received the money and that i cannot accept a cheque (cos the account is frozen) so she is going to make arrangements for the money to be available for me to withdraw at branch. She will confirm this tomorrow.

 

I am so pleased, altho i wont be cracking the champers until the moneys in my hand. It has been a very very long road but it just goes to prove that if you are prepared to go the whole way you will get a result in the end. Will update as soon as i can. Thanks for everyones help, couldn't have done it without you. x

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I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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opened negiotations again as arrangements will not be made for me to collect in branch- only a cheque which i cant take so they want me to ask a friend or something to get it paid into their account and they will write the cheque to them. I find it unbelievable and i told christine too, that a BANK cant send money to a branch for collection - isnt money what they do???

 

Therefore i have changed what i will settle for and have incorporated the inconvienance of having to get someone else to cash the cheque- what a nightmare!

 

If i dont get a favourable reply tomorrow then i shall sort childcare out to attend court on monday. Half of me really wants to go court and i've done all the preparation. Watch this space, will update as soon as i have news.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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why can they not post you a cheque they must have your addreess

 

they could but as this account has been frozen, i only have a savings account at the moment which clears cheques in 10 days. That is too long, i need the money. Luckily my dad has said he will provide the cash if they make cheque payable to him. Should receive it monday or tues latest.

 

Thank you everyone for your support. Will update when i receive money.

 

just quick question- they have said that they can only mark the default as settled and not remove it. I argued against this but was told as there was often more money going out than coming in the default cannot be removed. Obviously there was more money going out because of all the charges- am i right in thinking that i can get them to remove it?

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Excellent News Sarah - Happy Christmas indeed.

 

The default part - did you include details in your claim POC ? If so it should be negotiated as part of the settlement.

 

If not you may have to go back to court to fight for its removal.

 

i'm sure it was in my poc- must check

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Congratulations sarah:) Well done. Its another blow to Abbey woohoo.

 

Merry christmas

 

thanks for the congrats- couldnt have done it without cag!

 

Happy Christmas

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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  • 2 weeks later...
Well done Sarah!! Can you please let me know the address that Christine Cody is at in Abbey. I can't find an address to write to her at anywhere! Many thanks

 

I wrote to her at :

 

Location Code : TS6 B03

Abbey National House

2 Triton Square

Regents Park

London

NW1 3AN

 

good luck

 

+ thanks for everyones good wishes. It really does feel excellent to beat them altho their debt recovery people havent got the messsage yet. Will post again when its all behind me and i can shred the statements!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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  • 3 weeks later...

christines not getting back to me, and Moorcroft collections are still bugging me- so have sent her this email today

 

CLAIM NO: 6NR04162

Hi Christine,

Called 2 weeks ago and still not heard back from you with regards to this suposidly settled claim that i am still being chased by Moorcroft Collection agency for.While this is still up in the air, i am not prepared to write to the court to say its been settled as moorcroft say it isnt.

Due to this extra inconvienance i would like the default removed (as on claim form) from my file as soon as possible or i will file N244- and let them know our progress and continue to get the default removed. as we have discussed i believe the default occured due to abbey charges.

Would appreciate a reply as soon as possible but know that you are busy so will hold off filing this form till 1st Feb (1 week from today)

hope we can reach a final agreement on this.

----------------------------------------------------

 

Just got this reply

 

am no longer working for Abbey National PLC and I would suggest that any emails sent to this inbox be resent to [email protected]

If you need to speak to someone urgently, please email [email protected] or [email protected], or call James on 02077564306. Thank you and best wishes, Christine

--------------------

 

so she finally had enough!!!!

 

will forward email to the james contact- update as soon as i have news.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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this is unbelievable- moorcroft have passed the debt (which is suposed to be settled) on to midas legal services. I am livid as i told them countless times that abbey have settled with me.

Luckily i waited and didnt cancel the court proceedings, it was adjourned and i now have a date of 23rd April for the hearing which i will attend if they dont get back to me. have called again got voice mail and also sent emails to 3 different abbey email adresses asking them to contact me urgently. what a big waste of everyones time, especially mine

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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  • 2 weeks later...
Hi Sarah, have just read through your thread. Congratulations on your win against Abbey. Although it does not seem to be completely over with the Moorcroft business!

Can you tell me what interest calculations you used in you claim as I am just starting my claim against them.

Many thanks

DS

 

i used the simple excel spreadsheet in the templates and substituted the 8% for 9.9%- hope it helps- if not ask again and i'll try to be more specific

:)

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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