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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.

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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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Jean Dobbs v Abbey continued


Jean Dobbs

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Hi again

I want to send LBA but am confused as to the wording because the charges they are making are the unauthorised overdraft charges plus interest, I have not and cannot pay the amount they are charging, £436.19 and rising. Abbey are threatening to put me onto the credit reference angency for default in 28 days, do I still send the LBA and leave out the bit about removing me from the register or do request that they do not place me on there, it is confusing, is it ok to change the wording on the LBA to reflect that I want them to remove the charges they are making.

Two Abbey managers are at the moment writing to me both from different departments, I am confused as to who to send any communication to. I need advice urgently, LBA letter due to be sent off tomorrow.

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Hi Jean, I was in similar position a few weeks ago, I basically told them that my account was in dispute pending the outcome of charges accrued on my overdrawn balance, I stuck to MY timetable and sent LBA letter and a few days after they recieved it I had a gesture of good will paid into my account which then brought my balance back, under OD limit.

Don,t let them tell you that you are in the wrong as it,s them thats caused this with the unlawful charges!! Hope this helps you.

Nicky.

abbey - claiming last 3years at 3451.99

sent S.A.R - (Subject Access Request) letter 20/07/2006

40 days up on 30/08/2006

recieved reply from abbey 26/07/2006 standard reply!!!!:(

still waiting for other 3 years worth of statements 25/08/2006:shock:

30/08/2006- 40 days up!

lba letter sent(for non compliance of S.A.R - (Subject Access Request)) 31/08/2006 14 days to reply.

request repayment of charges letter sent 31/08/2006 14 days to reply.

08/09/2006 -recieved standard reply reg lba.

09/09/2006-recieved letter from abbey asking me to phone them to discuss my account.

account now in dispute pending outcome!!

16/09/2006 sent lba 14 days to reply.

22/09/2006 GOGW paid in acccount-800

22/09/2006-reply from complaints regarding gogw.

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