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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.

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      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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Lula v abbey (2) ** WON **


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LOL Frenchy, I think I will let him know that I have received no "Good Will" payments from Abbey and I would like him to settle my claim for the full amount also I think i am going to ask him to point me in the direction of the legislation that says that prior to November 2006, my claim is statute barred. ;)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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unfortunately yes and equally unfortunately he didn't mention it in the defence that he has submitted to the court, otherwise I think I would have had grounds to have it struck out

 

did you get the mp3's that I sent you ;)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Ah well no worries. Just reply with the same "Without Prejudice" and just concentrate on their defence.

 

I've yet to receive a copy of their defence, but the claim will go ahead anyway as its all the same. I'll probably pick up a copy from the Court.

 

Yes I did get all the MP3's (there were rather a lot :D ) but I haven't had the opportunity to really listen to any of them until I finish building my new project (Linux Supercomputer as I've not got a sound driver replacement for my laptop yet) Thanks anyway.

 

Just seems like I've been a hermit this ast fortnight! :|

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Ha ha...... nice one. That should do it and put the little pipsqueak in his place....... right at the bottom! :p

 

Was their letter "Without Prejudice"?

 

My response (carried on my post) to their "Without Prejudice" offer with their copy of defence is going off tomorrow, and I`m not heading it "Without Prejudice", does this mean I can`t use my letter in my court bundle as it refers to their "Without Prejudice" letter? or does this not matter??

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 its in reply to a Without Prejudice letter then unfortunately no. However, if you were to argue on costs or otherwise, you can ask the Court's permission to disclose, but only if it is given.

 

Sorry to bear news you probably didn't want to hear. :confused:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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If its in reply to a Without Prejudice letter then unfortunately no. However, if you were to argue on costs or otherwise, you can ask the Court's permission to disclose, but only if it is given.

 

Sorry to bear news you probably didn't want to hear. :confused:

 

 

Not what I wanted to hear, but was actually what I was expecting to hear, still, I guess that also takes away Abbey`s ability to argue that they have tried to negotiate a settlement given that it was their letter sent "Without Prejudice":)

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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Yes that's correct. However, the same applies to them if they were to argue costs (which they never do!... wonder why?) then they could show with the Court's permission those letters as an attempt to settle.

 

No worries though guaranteed. ;):D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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  • 4 weeks later...

Can a mod change the title of this thread to I WON!!!!!!

 

Happy new year to you all ;)

 

now, onto Claim 3

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Congratulations!! Lula - are you beginning to enjoy this now?!!;)

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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LOL Jacqueline, I am, its fun and I have learnt a lot of stuff too and made some great new friends :D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Can a mod change the title of this thread to I WON!!!!!!

 

Happy new year to you all ;)

 

now, onto Claim 3

 

 

Firstly, WELL DONE!!!!!!!:)

 

Secondly, HOW?? I see no court dates in your thread, have they been in contact with you agreeing to settle? Have you received your money??

 

My only reason for asking, not wanting to put a dampner on your celebration, was that I had a very lengthy discussion with the said James Arrundell who said that they wanted to settle with me before Christmas, and to date I have not received a Penny from them so am continuing action against them (AQ filed last week) and my timescales are very simular to yours.

Hopefully you have agreed settlement and received payment, but if not, don`t change the thread yet as the Shabby have developed another Habbit :mad: .

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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No, I havnt received payment yet as it was only agreed today, he knows that I wont be cancelling the court action until I have received cleared funds, if he said he wanted to settle and hasnt then call him, he has been away until yesterday, so might have been expecting it to happen whilst he was away, I am not turning into an apologist for the Abbey but he seems to be a reasonable type of chap, so give it a go ;)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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p.s, it hasnt got to the court date stage, we have only just filed AQ's. Sometimes, its just better to give them a call and ask if they would like to settle without incurring further costs for themselves by putting you to the trouble of putting together a court bundle

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I would add that he did try and smaltz me by saying that litigants in the SCC could not claim expenses, I soon put him right though :D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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thanks Karne, I willlet the heat die down a bit and then start on number 3 ;)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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it hasnt got to the court date stage, we have only just filed AQ's. Sometimes, its just better to give them a call and ask if they would like to settle without incurring further costs for themselves by putting you to the trouble of putting together a court bundle

 

Would you recommend I try this Lula? My AQ was filed before the deadline of the 27th and I telephoned the court Tuesday and Abbey got theirs in in time aswell, so I guess I am now waiting for a date:eek:

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Sorry, forgot to say Congrats to you. Well done again.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Well done Lula, and sorry to hijack - but do you have a contact tel.no for whoever is dealing with claims at Abbey?

Cheers

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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Hi everyone and thanks for your good wishes, the contact number is 020 775 64306, its worth a go trying to negotiate but I woud make it clear that if they don't come up with a figure that you like then just say that you are quite happy to submit the court bundles and that this will incur more charges for Abbey, don't let them tell you that you are not entitled to claim your time and expenses because you are.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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don't let them tell you that you are not entitled to claim your time and expenses because you are.

 

Are you?? I understood you weren't. Would you point me to where this is stated please Lula.

 

I've a date for the end of the month.

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