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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Tigs33 v Abbey *** WON ***


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Well done Tiggs - congratulations!!:)

 

I, like you, am happy to go to court as I want to see what it is like so I kind of hope they don't settle beforehand. Thats probably weird but I am a curious type and I want to see what it is all about as I studied law at Uni but have never been inside a court room.

 

Anyway, well done again and I trust you will have your money soon.:D

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well done Tigs, that is excellent news. My hearing against Abbey is Monday so was waiting with baited breath to see what happened with you.

Its just so typical of them, they could have settled with us ages ago and saved themselves time and money. When will they learn?

Anyway keep us updated

x

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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I didn't want to waste the Judges time but I was very interested to see what it is all about, hopefully so I can help put other people's mind at rest if they have to do the same.

 

Well I reckon I am going to get my money within a month ;) I don't think Judge Dudley would be a happy chappy if I was still waiting after that date!!! lol

 

Good luck with your claims.

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Good luck for Monday Sarah, I can really say that the banks REALLY don't want to go to court over these charges, there was somebody from Abbey there but it was to do with an insolvency case.

 

It has certainly made me even stronger in my belief that I am going to take no rubbish from banks in the future. It is about time they changed their ways.

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Well done Tiggs :D Great to know that they are p***ing the courts off, it can only work in our favour. I think the same person who sends the Abbey statements & letters out has sent our settlement letters out cos I've still not received mine yet!!

The BS they gave me as to why they can't transfer funds immediately was that the company that settles the claims is seperate from Abbey :confused: Maybe they are insured against this?

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Well done Tiggs :D Great to know that they are p***ing the courts off, it can only work in our favour. I think the same person who sends the Abbey statements & letters out has sent our settlement letters out cos I've still not received mine yet!!

The BS they gave me as to why they can't transfer funds immediately was that the company that settles the claims is seperate from Abbey :confused: Maybe they are insured against this?

 

Reading from another thread, the `Company` that is currently settling the claims for the Shabby is our dear old friend `Nat West Bank`:-D

 

I wonder if the Shabby are settling Nat West`s claims for them:roll:

 

I guess its a case of `keeping it in the family` so to speak

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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Well done Tiggs :D Great to know that they are p***ing the courts off, it can only work in our favour. I think the same person who sends the Abbey statements & letters out has sent our settlement letters out cos I've still not received mine yet!!

The BS they gave me as to why they can't transfer funds immediately was that the company that settles the claims is seperate from Abbey :confused: Maybe they are insured against this?

 

Well I still haven't got my letter yet, I am very tempted to phone the bank tomorrow and tell them that the Judge has only given them 30 days to pay me, and he will not be a happy judge ;) or....... I might just stay quiet and let the bank dig an even bigger hole for themselves :-D

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Maybe they are insured against this?

 

Thats an interresting thought, wonder if they got insured against they practices and csutoms being ruled unlawful?

 

Cant see it myself, but like trying to insure against being caught speeding, i think you can insure to have a driver/car provided but not one to pay the fines iirc.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Glenn Any such insurance would be deemed void

 

It's important , as tiggsn case demonstrates, that members insist that the banks tell the court that they are going to settle. Telling you they are going settle & telling the court they are is whole different thing

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Give Christine/Inga a call and remind them.

 

Its your money, get it as soon as possible. There wont really be anything to gain by letting them string it out (except for abbey gaining interest on your money for longer)

 

Check your account too. They sometimes pay cheques straight in for you.

 

Karnevil, I was sort of hoping that they banks would drag their feet with the payment and that it would go back to Court, it makes me wonder what the Judge would do if they haven't paid me by the 16 January (the Judge only gave the bank a month to pay me) The letter the Judge sent me said that we have now settled the claim, well to date they haven't.

 

I phoned the Solicitors yesterday and left a message, I will phone the bank on Monday and speak to somebody.

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Tell them that you want the money sent by same day telegraphic transfer (TT) otherwise you will report their breach to the court. Also that you will name bank employees in your application to the court.

 

I think some of these judges are so fed up with the banks they would love the opportunity to jail someone from the banks for contempt as was threatened in a recent case.

 

That would be a wake up call!

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Spoke to Abbey today (I received their letter dated 11 December today ;) ) and told them they have until Thursday to pay this money into my account. I will wait until then and if I do not receive the money I will write to the courts and just send them a copy of my letter. The lady I spoke to was very flustered that I had not received my money!!! lol told her I was more than happy to refer this back to the courts ;) and the judge wasn't very happy with them...... ;)

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Wooohooooo they have paid the money (a cheque :rolleyes: ) into my account £3,567.32 it will clear on the 27 December, just in time for the sales :D

 

Donation to the CAG will be made on the day it clears!!!!!

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Wooohooooo they have paid the money (a cheque :rolleyes: ) into my account £3,567.32 it will clear on the 27 December, just in time for the sales :D

 

Donation to the CAG will be made on the day it clears!!!!!

 

 

Tiggs,

Was it a Nat West Cheque??:confused:

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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Sorry Armsoft, I don't know if it was a Natwest cheque as they paid the cheque straight into my account

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Sorry Armsoft, I don't know if it was a NatWest cheque as they paid the cheque straight into my account

 

My guess is it was a Nat West one, as they are paying out settlements at the moment for Abbey.

Its a bit poor though that a Bank like Abbey can`t afford to pay you out in cash.

When Halifax settled with me rather than go to court, they paid the cash £1.7k straight into my account.

Still, Isuppose we should be getting used to Abbey - delay tactics till the very end:mad:

They will have a problem when they go to pay me out, as I closed the account 4 years ago, so they better hope the postal system is reliable, as I`d hate for me to not receive my cheque before my court date, as I would have to go to court and tell the Judge they ain`t paid me:D so I want to continue my case to judgement:o

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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I know what you mean Armsoft, after appearing in the court for the case management meeting and meeting the judge, I SO wanted Abbey to not pay me before the 16th Jan (when the case was adjourned to). I still have my account opened with them and there was money in that account so it is looking rather healthy at the moment. I don't have an overdraft with that account as I tried about 3 years ago to get one and they said they wouldn't give us an overdraft until the account had been in the black for 6 months, that was a bit difficult with their charges!!! robbing banks!!!

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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I know what you mean Armsoft, after appearing in the court for the case management meeting and meeting the judge, I SO wanted Abbey to not pay me before the 16th Jan (when the case was adjourned to). I still have my account opened with them and there was money in that account so it is looking rather healthy at the moment. I don't have an overdraft with that account as I tried about 3 years ago to get one and they said they wouldn't give us an overdraft until the account had been in the black for 6 months, that was a bit difficult with their charges!!! robbing banks!!!

 

I spoke to James Arrandale @the Abbey last week, and he seemed very sincere and honest, and said that they will settle with me, but I`ve not heard from him since, so I`ve written to him saying I now doubt his sincerity and honesty and that if they file their AQ (by 26th Dec) then I will have to assume that they have no intention of settling with me, and that their offer to settle was purely a ploy to buy more time.

In the event of them filing (I will call the court Friday) I will not enter into any further negotiations with them as the element of `trust` will have been broken, and therefore on that basis, I will go to court:eek:

 

You would have thought that someone at the banks would have switched the lights off, because at the end of the day, the lights are on, but no ones home!

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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If you or anyone else has a simular discussion with a bank employee making promises I strongly reccomend you/they follow it up with a letter confirming what has been said &/or agreed. You know the sort "Further to out telephone conversation of" etc

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If you or anyone else has a simular discussion with a bank employee making promises I strongly reccomend you/they follow it up with a letter confirming what has been said &/or agreed. You know the sort "Further to out telephone conversation of" etc when it was agreed/proposed etc

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  • 2 weeks later...

Well money has now gone in, and donation to the CAG has been made :)

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Well money has now gone in, and donation to the CAG has been made :)

 

Tiggs,

Well Done !!!

 

Just in time for the January Sales: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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