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    • Correct.   Engine heads are not considered consumable items - I don't think i should be looking for a deduction in cost due to wear and tear - especially since it is not a wear fault.? Life of a vehicle is also subjective. Saying that, its a well known make for reliability, and I know that other people own models from them have gone once round the clock. and still going strong so whats the yard stick?
    • I must also add that I do not wish to use the warranty, as it is pretty much useless, and the car had around 115000 miles when I bought it. it has not 1000 miles more. 
    • Thank you. What is the expected mileage of this vehicle? I think one might need to take into consideration that it has 36,000 miles on the clock and that you have enjoyed a further 2500 miles which means that it now has about 38,500 miles on the clock – is this correct? I think then you need to consider that mileage – 38,500 as a percentage of the expected life of the engine and that tells you something about the proportion of any settlement which you might reasonably expect
    • Hi there,   Thanks for this amazing forum. Please see below 1-  letter I sent to financing company in regard of issues and 2- their response.    What is the next step moving forward?    Thanks   1- LETTER SENT TO COMPANY ON 2ND DECEMBER 2021( BOTH BY EMAIL AND POST TRACKED DELIVERY)   Dear Blue Motor Finance Team,     I entered into a Hire Purchase agreement with you on the 27th of October 2021.     I picked up the vehicle, a Citroen C4 Grand Picasso EXCL BLU on the 30th of October. On my way back home, after driving it for over an hour, the seatbelt alarm for the middle row left hand side seat went off. It was unsettling and dangerous as the alarm went off several times for long periods of time, distracting my driving. There was nobody in that seat, nor any object leaning on it.    I also noticed last night that the clutch of the vehicle is slipping when engaged in gear and accelerating with emphasis. The engine revs up but the car does not react accordingly. This is a serious issue that needs to be fixed as soon as possible to avoid further and serious damage to the transmission. This issue only happens when the throttle is put down with emphasis in 4th, 5th and 6th gear. When the car is driven slowly, the issue is not noticeable at all and the car responds normally, hence the fact I had not noticed before.    I will not drive the car in order to avoid further damage to it.    This car was not of satisfactory quality at the time of sale and if it was, it has not remained in that condition for a reasonable period of time.    I would like to kindly ask you to provide a response in the next 7 days, as time is of essence here.    I bought this vehicle for work reasons and I do not have a suitable alternative vehicle. I would like to kindly ask for a replacement vehicle until the car is repaired. If this is not provided, I might need to rent a vehicle for work. If this is the case, I will be looking for a reimbursement of the expenses incurred in doing so as well.   As I am within six months of the date of purchase, I am asserting my rights under the Consumer Rights Act 2015 and I am providing you with a single opportunity to repair the vehicle failing which I will consider a full refund.    I have sent a copy of the letter to the dealership and I kindly require you to enter into discussions with each other to discuss whether or not you are going to repair the vehicle or declined to repair it in which case I would like to know what arrangements will be made to refund me my money and to remove the vehicle from my property.    I would like to ask you if you are a member of or willing to use ADR to resolve this issue as an alternative to an undesired court case.    Kind regards,   2- THEIR RESPONSE received on 6th Dec 2021 by email.     Good Morning,    Thank you for your letter dated 2nd September.    As the dealer has the first opportunity to repair under the Consumer Rights Act 2015, the vehicle has not been returned to the dealer and/or we have not been provided with evidence by means of a diagnostics to confirm the faults you are experiencing with your vehicle.    The dealer has also advised that you have warranty with your vehicle, which enables you to take your vehicle to a reputable garage for repairs. Please could you confirm if you have exhausted all avenues?    As a regulated business, the FCA allows us 8 weeks to investigate a Complaint and therefore please allow us this time to investigate your concerns, once we have sufficient evidence.    Should we establish liability, we will review the possibility of offering a hire vehicle, however we are not required to mitigate customers losses as the vehicle should be for personal use not business.    Once we have the evidence required to establish our liability, we will be able to discuss this with you further.  
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Claire V Abbey *WON*


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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

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

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Phoned the court today to get an update.

Bless 'em they are so busy down there but so helpful still.

 

Yep...Charlie you're right just a matter of the waiting game now.

The nice lady told me that it will be a couple of weeks yet for some directions.

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  • 3 weeks later...

Yeah Toni hi....

 

I've got the same thing, the AQ. Received it last week. Thought they might have done away with that.

 

Really thought this would be all over by now, dragging on a bit. But hey hoo got to be done.....

 

Take Care

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if you've got any AQ questions then bonnie is the one to talk to

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/87751-im-scared-helppppppppp.html

 

she's asked them all

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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Got my AQ but I'm not sure what amounts to fill in. Since I first filed my claim Abbey have refunded some of my charges but haven't stated which ones they are. These were listed as refunds and not as settlements. I have also had further charges taken! Sorry to hijack your thread Claire but nobody wants to talk to me on mine.

I have sent an email to Inga asking for settlement.

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Hi Toni,

 

I filled in my AQ today and I didn't have to put any amounts on it. My AQ is the N149. Which one did you get? But I did attached the revelant info to hopefully have Abbey's fence struck-out-We'll see!

 

I'm sure I read somewhere that you can either call up the court or send in a letter to have your claim amended to the revised amount.

 

Also with the charges that you've incurred since you first filed your claim I would be inclined to start a new claim for them to keep things simple.

 

Any help to answer Toni questions in full would be most grateful!!!

 

Please!!

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I had the N150 version as my claim is for over £5000.

It looks like I will have to suss out which refunds were for before the claim as they have charged and then refunded those charges since the claim!

What a nightmare!

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Inga has told me I should have the money in my account in 6-7 days.

I can't believe it has happened so quick after my email to her yesterday. I've copied them onto my thread. Good luck you will be next. x

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  • 1 month later...

OK so finally I've had something in response to my AQ from my local CC. I filed the AQ quite sometime ago using the 'abuse orders'. And just today I've received the following.......

 

 

 

Before Deputy District Judge Willis sitting at Wellingborough County Court.

 

Upon reading the documents filed and upon it appearing that there are many similar cases proceeding in this Court which do not come to trial, and upon recognising that the Court's resources are finite and of the Court's own motion it is ordered that:

 

1 The claim is not allocated to a track but will be allocated when directions are given pursuant to paragraph 8.

 

2. The claim shall be stayed between 5 September and 3 October to give the paries an opportunity to reach a settlement.

 

3. If no settlement is reached by 3 October 2007, the defendant shall by 17 October 2007 file and serve a schedule in response to the Claimants schedule, stating in respect of eac item claimed:

a) pursant to which, if any, contractual provision such charge was made,

b) if such charge is alleged to be lawful, the basis on which it is alleged

c) if it is alleged that the charge is a genuine pre-estimate of the Defendants loss incurred as a result of the Claimants actions (whether or not such action are in breach of contract), all facts and matters on which the Defendant relies as showing that the charges are a genuine pre-estimate of loss, including the Defendants positive case as to the actual cost of dealing with such actions; and

d) draft directions for the further conduct of the case, to be agreed with the claimant if possible.

 

 

4. If the Defendant fails to comply with paragraph 3 of this order, the defence be struck out and the claimant shall be entitled to enter judgement without further notice.

 

5. If the Defendant complies with paragraph 3 above, the matter will be referred to a District Judge for directions.

 

6. This order has been made by the court of its own initiative without hearing the parties of giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside, varied or stayed. Such an application must be made not more than 7 days after the date the order was served on the party making the application.

 

 

 

 

 

OK what I need advice on is...

 

Does this mean that Abbey have untill the 17 October to file their reasons for charging me so much!!

 

And I don't understand para 1. It's not going on track because of para 8! Where para 8????

 

Am I right in thinking that if Abbey don't respond to this then their fence gets struck out?

 

Please help!!

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Please take a look at my post above.....

 

 

Also I emailed Abbey again today trying to reach a settlement. I got a reply but they said they are going to ask the court to put my case on hold untill after the test case.:eek: This could be a long long while off yet:(

 

 

Can they do this:???:

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  • 2 months later...

I really need some advice please....

 

After entering a judgement can the bank then a apply for a stay or put a hold on my claim?

They haven't complied with order sent to them so their defence has been struck-out.....

 

Any info would be great

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Hi and congratulations, well when you receive the order from the judge then you can email abbey and remind them as to how you would like your money.

 

They may try for a set aside, do you have copes of all correspondence? i really hope they dont try the "it got lost in our system" line as that really hacks me off. Please let us know what the order says

  • Haha 1

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks for the reply Lula,

 

Will keep you updated!

 

I have copies of everything. The orders that were sent to Abbey and myself stated that if Abbey didn't provide evidence of why they're charging me so much (in a nutshell) then their defense would be struck-out. I spoke to the court and they said they haven't received anything yet but they are behind but fingers crossed Abbey have forgotton about me.

 

Thanks again!

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I really need some advice please....

 

After entering a judgement can the bank then a apply for a stay or put a hold on my claim?

They haven't complied with order sent to them so their defence has been struck-out.....

 

Any info would be great

 

Hi, no they cannot apply for a stay if judgement has gone against them, however, they can apply for a set aside. File for judgement and see what happens, they may actually roll over and pay up :cool:

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 3 weeks later...

Right....heard from my local CC today.

 

Abbeys defense has been thrown out. I have already applied for judgement but as clerk told me that Abbey can apply to have it set aside:mad: .

 

So I guess it's a matter of waiting 'till I hear from the court again?? Can anyone confirm this for me. Not sure what to do now. I'm glad their defense was thrown out but I'm still in the dark as to what to do next??

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you wait about a week then contact abbey and tell them that you have judgement against them and would like to know when they are going to settle your claim, they will probably comeback to you and tell you that they are going to apply to have it set aside and stayed, you then come back here and tell us, and we will draft an appropriate response, something along the lines of you will not object to the set aside to save their good name (ha) if they pay up.

 

Hope this helps

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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