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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
      • 162 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
        • Like

Letter From ABBEY


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recieved this letter today after writing to them requesting my charges be refunded

 

Dear XXXXX

 

Thankyou for your letter dated 12 March 2006. I apologise for the delay in coming back to you.

 

With regard to your request for a refund under Common Law, Statute and recent Consumer regulations. We don't belivev that Abbey's charges are unfair under these.

 

When you opened the account with Abbey, you were provided with Terms and Conditions that detailed the charges that become applicable should you breach the terms of the account. Abbey is up front and transparent about all its banking charges as set out in the tariff of charges.

 

Abbey's bank account is good value and our charges compete fairly with other banks.

For most people, banking is free and they don't incur penalty charges.

 

If the complaint escalates into a claim in the county court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may give notice to close the account under the Terms and Conditions.

 

An investigationof the charges relating to your complaint has been carried out. As they've all been pplied in line with our current tariff of charges and haven't arisen as a result of a proven Abbey error, no further refunds will be applied.

 

Please be assured I've carried out a full investigation for you and I hope you feel I've offered a fair response to all of the issues you've raised. I'll keep your file open for the next eight weeks and if I don't hear from you within that time, I'll assume that everything is resolved and will close your file.

 

If you remain dissatisfied though, the leaflet you'll find with this letter explains your rights and how to take your complaint further with Abbey. The leaflet also explains your ultimmate right to refer your complaint to the Financial Ombudsman Service.

 

Yours sincerely

 

Jackie Hammond

Banking Servicing

 

 

Any templates on here to work from for next step?

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That's the standard response letter. If you know what your charges are (ie you don't have an outstanding DPA request) then the next stage is the Letter Before Action. Please have another look at the FAQs and, in particular, the step by step guide as things get really quite serious from here on.

 

Good luck and please let us know how it goes.

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Thanks

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