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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 
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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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Claire V Abbey *WON*


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Right....OK I think it's time to get me a little payback!!

Having been introduced to this site by my sister (Sindy) and taking a good look around I know that trying to reclaim all the charges that the Abbey have taken off me for the last amont of x years isn't going to be easy.

I went through my statements tonight which date back to Dec 03 and totted up to over £1300 and that's with just over 2yrs worth with about 5 statements missing. Apart from feeling stupid at allowing my account to incurr such costs but I'm also angry:mad: .

I'm rarely out of my overdraft so when they increased it:o I was shocked but looking at the above figure I'm not so surprised now....I'm a dead cert for gaining charges and coupled with my bad management with money no wonder they increased it:-|! They were onto a right winner with me!:D

However I don't think that it warrants them taking such a vast amount of cash off me!!

So here goes. I'm sending off a letter to request all my statements for the last 6yrs and go from there!

Great site by the way, really informative and gave me the motivation I needed! And of course Sindy (who's already a member and has really white teeth)!!

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Welcome to the site and good luck with the claim. Anger dose motivate, when I reached £5000 in under 3 years felt just like you. I think a lot of people blame themselves, like you I thought we were bad with money and bad managers of our finances. The bank in their correspondence and defence will imply that very point, but the fact is the vast majority of people are victims of circumstance first and victims of the bank second. Always keep that in mind when claiming your money back. Good luck.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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  • 3 months later...

Hi claire,

 

Add this to your favourites......it's a godsend

 

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/53241-cant-find-what-youre.html

 

The spreadsheets are under 's'

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Claire,

I'm rarely out of my overdraft.
Same here. But what it means is that when you get to work out what interest to claim, give very serious thought to reclaiming the interest they applied to the charges at the authorised overdraft rate (16.9%) rather than the pathetic 8% the Court would award by default. I'd guess that the difference would be at least £1K in your case and this is money (interest on the charges) which they took from you, not you being greedy. In fact, without the charges you probably wouldn't have been in overdraft either (and been charged less interest). Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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  • 3 weeks later...

Thanks for your replies.....

 

I've filled out the simple spreadsheet listing all my charges since 2000. A problem I've incurred is that when Abbey sent me my statements I can't see what my balance was at the time of interest charged thus not being able to calculate what proportion of the interest is due to the charges.....if you know what I mean:confused: . They sent me microfishe.:mad:

 

So would I be able to continue with my claim leaving out the interest and ajusting the prelim letter accordingly?

 

Any advice -I'd be most grateful:D

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Well here goes!

 

Have filled in the spreadsheet and the prelim letter and I'm sending it off tomorrow-recorded.

 

As Abbey has only sent me a list for statements I've found it a bit tricky filling in the interest charged whilst overdrawn, because it doesn't show my balance.

 

 

Can anyone confirm for me that I've got the right address:D

 

PO Box 297

Bradford

BD1 1BR

 

I got this addy from the contact info!

 

I'll be waiting now for my standard palm-off letter!:D

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I sent off my 1st request for payment on the 13th and a I've received what seems to be the usual palm-off letter....sorry your unhappy...blah blah....we need 4 weeks to say we're not interested!

 

So I'm preparing my 2nd request to send off when the first 14 days are up:-D .......

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Hi wap,

 

Going well so far! Just stick to your timetable and ignore any letters from Abbey saying " our investigation will take 4 weeks" because they're just delaying and hoping you'll go away

 

:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 3 weeks later...

Righto I've done 3 copies of the N1 and attatched the charges.

Now this is where I'm confused. I know I have to take 2 copies to the court, do they send one to the defendant? Or do I send a copy to them?? And do I just wait to hear from the court? Is it 28 days?

 

Many thanks:D

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Claire,

 

You take all three copies to the court, where they stamp them, give one back to you, keep one, and they send the third off to Abbey. They will then send you a Notice of Issue in a couple of days and then from there the Abbey have 14 days to acknowledge and 14 more to defend

  • Haha 1

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Now I'm really confused:? .

 

Tried to file my N1 today and the clerk at the court house said I have to show my daily rate of interest on the Paricular of claim section.

 

When I tried to point out to her that it's on the attached schedule, she said it has to go on the POC section.:-?

 

So now I'm sat at home wandering where I've gone wrong. For the life of me I can't see it.:-|

 

Please- any advice??

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Hello Clare

 

The last sentence on your POC, or last bullet point, should read:

 

"The claimant claims interest under S.69 of the County Courts Act 1984 at the rate of 8% a year of £XXX, and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £x.xx"

The daily rate of interest is worked out as follows:

Total Amount of Charges x 0.00022

This gives you a daily figure in pounds!

Hope this helps!

Phil:)

  • Haha 1

This is only my personal, honest opinion!

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