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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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gedithejedi vs abbey


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Well, I've finally taken the plunge after reading through numerous threads on this forum.

 

I sent my Request for repayment of charges letter off this morning by recorded delivery so fingers crossed!!

 

I'm claiming a total of £70 (which is tiny in comparison with most folk on here), and this was for going £1.50 over my overdraft limit. No wonder the banks make such huge profits!

 

I live in Scotland, so will be following a slightly different path than most, so I'll probably be asking tons of questions when things start to get a bit more interesting!

 

Once I've sorted things out with Abbey, I'll be moving onto Mrs gedithejedi's bank charges.

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Hello gedi

 

It may not seem a lot to the banks, and really it is'nt, but the principle that the bank have charged you £70 when what you have done has merely cost them a couple of quid beggers belief!!!!

 

I'll never let it happen to me again, and to know that this government and banking ombudsman let it be rife, right through the finance sector, is nothing short of despicable! Your £70 has just gone straight into a fat cats pocket!

 

Good Luck to you!

Phil:)

 

PS Sorry, but I had to let that out, the more I read, the more it all infuriates me!

This is only my personal, honest opinion!

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  • 2 weeks later...

Hi Guys

 

I wonder if you can give me some advice (I originally posted on the Abbey thread before I noticed the Scottish one).

 

I sent my Request for Repayment back on the 8th of August, via recorded delivery, to the head office in London. Since then I've heard absolutely nothing, and am due to send out my LBA in the next day or so.

 

Should I go ahead with sending the LBA without any correspondence from Abbey?

 

Thanks

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Hello gedi

 

Did you send it recorded delivery? Maybe try phoning them up, at the address you sent the Request for payment to, to see if they have received it.

 

Either way, I would carry on regardless and get the LBA off to them on Wednesday. Your dates are exactly the same as mine!;-)

 

One last thing before you do, just check your account to see if they have quietly put £70 in your account without telling you. They've been giving out part refunds to a few people of late without telling them what they are for!

 

Phil:)

This is only my personal, honest opinion!

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Hi Phil

 

Yes I sent it recorded delivery which was delivered to Abbey on 10/08/06 according to the Royal Mail website.

 

I've just checked my bank account and unfortunately there hasn't been a sneaky refund!!

 

Oh well, I'll send off my LBA letter in the next day or so

 

Thanks

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Well I sent my LBA to Abbey's head office in London today via recorded delivery. I've still had no correspondence from Abbey!

 

I've started reading up on my next step and have a question about filling in form 1a. What name and address should I put for the defender? Do I just put Abbey's head office in London?

 

Thanks

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  • 4 weeks later...

Well, I was due to start legal proceedings but have just noticed that Abbey have refunded the full £70 into my account (as Miscellaneous fee refunds)!!

 

I wasn't claiming any interest as the original penalties were only incurred in the last couple of months. I'm not sure if I'll get a letter from them explaining their reasoning!

 

At least I won't have to go through filling in those legal forms!

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