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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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Charges refunded. But they now want them back.


LordLee
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getting so frustrated with all of this. i move house on the 1st feb and could really do with the cash. their gonna make me wait till the court date aren't they? grrr!

 

if i was to win by default, does anyone know how long it could take to receive a cheque?

 

Yes, they will settle on or the day before your court date, they then take 14-28 days to send you a cheque (or pay one into your account if its still open)

Even if you win by default, you`ve still got the 14-28 day wait.

 

Still, it will be worth the wait: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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got a call from abbbey last night. from some poor woman who admitted to being between a rock and a hard place! she basically asked me what the total of my offer of accepting 95% was? i told her and she accepted!!!!!!!!!! she just said abbey are willing to do that and issue a cheque in my name and send it in the post asap. she's ordered the check today and said it will take 5 days!!!!

 

whoooooo hoooooooooooooo!!!!!

 

now just gotta wait for that sweet sweet cheque. i know i couldbe over enthusiastic, but she made it sound like i could have the cheque in my hands within 7 days.

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got a call from abbbey last night. from some poor woman who admitted to being between a rock and a hard place! she basically asked me what the total of my offer of accepting 95% was? i told her and she accepted!!!!!!!!!! she just said abbey are willing to do that and issue a cheque in my name and send it in the post asap. she's ordered the check today and said it will take 5 days!!!!

 

whoooooo hoooooooooooooo!!!!!

 

now just gotta wait for that sweet sweet cheque. i know i couldbe over enthusiastic, but she made it sound like i could have the cheque in my hands within 7 days.

 

As I said in an earlier post, I`m not suprised to see earlier settlements, they sure are in a DEEP hole at the moment and will grasp any offer of less than 100% and view it as a victory.

Did you ask her to put the agreed offer of settlement in writing?? just in case its a delay tactic to further avoid hassle from the court.

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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She offered to put in writing (in an email) last night. I am yet to receive it... it hasn't arrived yet. But don't u worry... i'm not stopping any court action till the cheque is in my hand, then in the bank and cleared.

 

What do u mean by scan copy? As in a copy of the cheque before it is sent to me?

 

Well Done LL ...... email or call Abbey who you spoke to and ask for written confirmation by email and a scan copy of the cheque, before you do anything with regards to adjourning your hearing. They can do it they did it for me.
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yes, just like a picture, they can do it, but congratulations!!!!! and enjoy

 

no i undertsand what a scan is... but was questioning whether u meant keeping a scan myself, or getting abbey to scan a copy before they sent it out. if the latter... i'm not sure what the point is, if they are just sending it out.

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LOL OK, I am not firing on all cylinders today:D

 

I think it is just to prove to you that they have the cheque but personally i have never stopped an action until I have cleared funds, so it is up to them to hurry the process along

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Received the cheque today! I have it in my hands and am going to deposit it this lunchtime!

 

Thanks to all who have helped me and pointed me in the right directions. I'm gonna stick around and help others as everyone who's been a victim of these outrageous charges should do this!

 

Thanks again.

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Congratulations to you, I have just read the whole of this thread as I have just sent LBA to Abbey so I am hoping they pay up rather than go through what you have over the last few months.

 

I hope you pay enough into the Abbey Account to stop any more charges and then pay them a few pound a week until the OD is clear make them wait for the money

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Congratulations on your success!!

The 2 threads I've been following closely at the same stage as me, have both paid up. I've just sent my letter to the court advising of Abbey's non compliance for bundles and your thread has just given me oodles of confidence. Well done !

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  • 2 weeks later...

If it helps:-

We eventually got as far as getting a court date with Abbey of 14th Feb.

Low and behold, on 1st feb we got a letter saying due to the legal costs Abbey would incur, blah blah they were going to SETTLE IN FULL FOR £3418 + expenses!

We got the cheque yesterday 6th Feb.

 

Just hang in there...we were getting twitchy, but obviously it has been well worth it for us.

 

Best of luck all!

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  • 2 months later...
just read the section on claiming beyond 6 years. wahey! okeydokey... here we go again! i'm gonna go back and go for more!

 

Hi I am in the same stage as you were a few months ago pulling my hair out with abbey, my claim started end of Jan, filed Court Judgment and got a frob of letter about the Obudsman yet again. ANY SUPPORT YOU HAVE WOULD BE GREAT

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  • 1 month later...

After sending this letter to abbey with help from CAG:

Dear Sir,

 

I am writing you today in a further effort to ask you to consider my claim. I am most disappointed that no one has even acknowledged my previous correspondence.

 

I have been notified that the Allocation Questionnaire is being dispensed with in this case and that it has been transferred to XXXXX County Court. I have written to you in the past, asking for you to consider my case and I have heard nothing. Were this to come before a judge, it is obvious who is making any and all attempts at resolution.

It is my feeling that you seem to have no intention of defending this claim in court and are simply procrastinating.

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £4500.00 as full and final settlement of this particular claim.. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

Please find enclosed another copy of my schedule of charges relating to this claim.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention. I look forward to hearing from you.

 

Sincerely,

 

 

After about a week I received the following letter;

 

We refere to your letter dated xxx

With respect, we do not believe that a £76.73 reduction in your claim represents a genuine attempt to settle this claim without recourse to the courts.

There must be some charge for the numerous defaults that have a fact occurred on you account.

In the interests however of pursuing settlement negotiotions with you. Abbey National PLC is prepared to make payment to you in the sum of £3432.55 in full and final settlement of your claim. Any payments, admissions, blah, blah, blah.

 

yours faithfully

Inga Kirkman

 

Phoned Inga up and she was really nice (suprisingly), said i'd take £4K and she accepted this figure without any hasstle. Original claim £4576.73 (with interest and costs).

 

Really pleased with this as I've never had that amount of money in one go in my life. and was getting fed up with the waiting (started the whole process Feb 2007).

 

I

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After sending this letter to abbey with help from CAG:

Dear Sir,

 

I am writing you today in a further effort to ask you to consider my claim. I am most disappointed that no one has even acknowledged my previous correspondence.

 

I have been notified that the Allocation Questionnaire is being dispensed with in this case and that it has been transferred to XXXXX County Court. I have written to you in the past, asking for you to consider my case and I have heard nothing. Were this to come before a judge, it is obvious who is making any and all attempts at resolution.

It is my feeling that you seem to have no intention of defending this claim in court and are simply procrastinating.

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £4500.00 as full and final settlement of this particular claim.. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

Please find enclosed another copy of my schedule of charges relating to this claim.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention. I look forward to hearing from you.

 

Sincerely,

 

 

After about a week I received the following letter;

 

We refer to your letter dated xxx

With respect, we do not believe that a £76.73 reduction in your claim represents a genuine attempt to settle this claim without recourse to the courts.

There must be some charge for the numerous defaults that have a fact occurred on you account.

In the interests however of pursuing settlement negotiations with you. Abbey National PLC is prepared to make payment to you in the sum of £3432.55 in full and final settlement of your claim. Any payments, admissions, blah, blah, blah!

 

yours faithfully

Inga Kirkman

 

Phoned Inga up and she was really nice (surprisingly), said I'd take £4K and she accepted this figure without any hassle. Original claim £4576.73 (with interest and costs).

 

Really pleased with this as I've never had that amount of money in one go in my life. and was getting fed up with the waiting (started the whole process Feb 2007).

 

I suggest that if claimers are getting fed up with the whole procedure of waiting, a letter of settlement near a court date is the answer.

HOORAY!!!

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  • 2 years later...

Hi all.

 

I'll cut to the chase... i went overdrawn at the end of last month and this month (July & August). A&L informed me i'd be charged £5 a day but it would be capped. Seeing a £30 unauthorised overdraft fee leave my account i assumed this was it. Alas no...

 

I'm horrified to find they want £100 on the 1st September. What am i to do? It's tough at the mo and that's the reason i've stupidly gone overdrawn. But this is gonna cripple me.

 

I'm aware of the process for reclaiming as i have done it before... but as everything is on hold, how on earth do i stop this? The only idea i have is opening another account and being defaulted by A&L.

 

Please help i'm soooooo worried.

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just to add... after a lengthy chat with A&L on the phone they say i do have an option of closing the account and setting up a repayment plan.

 

or... as i do have another account still open, i can just transfer everything to that, stick two fingers up to them and go through the reclaiming process. any ideas?

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  • 1 month later...

Hi Lordlee, i am also having major problems with this too, i joined them in April this year, they told me they'd match my old overdraft, set up my direct debit and change my wages over, they didn't match my overdraft, collected my direct debits before my wages which made me overdraft and to sum it up, they have chaged me £1200 to date, i have sent letters to them, made phone calls and they won't talk to me. they are "investigating" apparenlty.

 

i have it in writing that they would match my overdraft and they would keep me informed every step of the way.

 

i am sending a letter to Trading Standards, The Fos, the ofice of Fair trading & and of course i am going to take them to a small claims court.

 

now i realise this doesn't exactly help you, but i want you to know that i share you, anger & frustration.

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I am in the same position with A&L - £400 charges over two months I am closing my account and putting the OD in dispute because of the charges - but I dont hold out much hope.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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"i have it in writing that they would match my overdraft and they would keep me informed every step of the way."

 

I have that too, they sent me a letter saying my old bank had not got back to them so they weren't able to do it. So I transferred all the DD's myself, and my wages and sent copies of statements in.

 

They did match the overdraft but I too fell foul of this £5 per day thing. I thought it was as an alternative to charges but it is not. And if you wokr it out as an interest rate WOW!

 

One thing I do agree with Nationwide on whilst thier own charges are too high they do say these new charging structures are certainly not better for the customer, they have a point.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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  • 4 months later...

To cut a long story short I was overdrawn with A&L due to charges taking me overdrawn (approx £180). I started the reclaiming process claiming Financial Hardship. I received a letter telling me all was 'on hold' till test case blah blah. But they would look into the financial hardship aspect (i filled in all appropriate forms).

 

To my surprise i received a letter and a cheque from A&L refunding all my charges since i had been with them. Beyond what i had initially claimed for.

 

The letter informed me this would be the end of the matter and all was now deemed to be settled.

 

Now since the supreme court made it's decision, i receive a letter from A&L collections telling me my account is now £300+ overdrawn and i need to pay it back as all charges were deemed fair.

 

What the..........????? :eek:

 

Any advice?

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They stand no chance especially if you signed a disclaimer and sent it back to them. If they think it is over, they have another think coming as in essence the court ruled that the OFT cannot determine what is fair but left it open to the consumer to challenge it.

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