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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
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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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Abbey Victim V Abbey ***WON***


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My AQ had to be returned by 11/4 also.

 

Up to last Friday hadn't heard anything so I rang the court (Bromley CC).

 

They told me my case had been transferred to Mercantile court (I think Bromley are doing this to everybody). Haven't heard anything since.

 

By looking at other threads the census of opinion seems to be that this is a good thing.

 

Cant help feeling jittery though:???: :???:

 

Hank on in there.

 

Cassie

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Jason tell Abbey that you have worked out your charges and interest owed by Abbey from the court paper work (you would of had leaflets when you filed your court papers) and that you will leave it to the court to dicide if they are going to award the full ammount.

When I filed to court they did not have to supply any statements so when the solicitors contacted me and asked how I had worked out the charges they were informed that I was self employed and that maybe their client had not informed them of the charges and maybe they should go back to their client for the statements. We also asked for how they would like us to work out the interest so that I could sit down and work it out for them and come to court with their figures and allow the court to dicide!!!

 

Received payment notlong after that.

 

From 'The Grim Reaper'

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Jakebear, have you received a copy of their defence yet? Also, you could send the Abuse of process order, but I am not quite sure how you would go about wording a letter to the judge attaching the Request, i shall ask GaryH, to post a reply, to confirm that this is ok and how to word any letter.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi jb,

 

Yes, you could still send a strike out request, although there would probably be less chance that the judge would consider it than there would be if it was on an AQ. Use the same template, but head it like this -

 

Claim number ******

In the ***** County Court

Between:

You

 

 

and

 

 

Abbey

 

 

Case Management representations

 

 

It is noted that in my case referenced above that the Allocation Questionnaire has been dispensed with. I am aware that this is likely due to the large volume of claims that consumers are bring against the high street banks. I am also aware that to date the banks have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily.

 

In light of this the Claimant hopes that the court will consider the following case management proposals, and respectfully suggests that an order may be made as follows;

 

1. That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules.

 

On the basis that the Defendant has filed a template defence then.....................etc, etc.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi

I joined this morning. I bank with Abbey and over the years I have paid bank charges every month for past 10 years or so.

 

I am scared. How do I start the process. I don't have all my bank statements. What should I do first?

 

High Wycombe:razz:

 

hi,first of all write to them asking for your last 6 years bank staements,enclose a cheque for £10 and they have to send them you by law,once you have them,detail all charges they have applied to your acc and then send letter asking for your money back-go on moneysavingexpert.com website for template letters-

good luck

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We have our own template letters here, I would advise that you do lots of reading first, the FAQ's http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

and then start your own thread in this forum.

 

Good as Martin Lewis is, I think that CAG are the experts

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi there thanks for the advice.

 

I have received a defence from Abbey.

 

As far as the strike out letter the problem is that I do not have a contact name at Nottingham County court.

The letter merely says that they have dispensed with the AQ and that proceedings will now be administered at the Nottingham court.

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Jakebear, you do not need a contact name, just send the letter addressed to the judge c/o Nottingham Court

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks Lula

 

Really appreciate you support and all the other support that I have had.

 

Will send the letter and keep you all updated on my progress.

 

The thing that I dislike the most is that I actually supply a service to these banks as part of my employment.

Let me be more specifcate.

 

I repair printers fax machines and copiers.

 

A lot of my work is performed in the banking financial sector.

 

Believe me these guys relish in putting pressure on people and ripping them off wheather selling Insurance mortgage policies or putting pressure on people that cannot pay.

It is like an office game to them.

 

The staff at the banks ACTUALLY KNOW ?

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That the charges are extortionate but are encouraged to make more money and to disuade customers from claiming back any of their bank charges or to make things more awkward by withholding the information required.

Really getting fed up with this and thinking of looking for a new job as I do not know how much more of the behind the counter chat that I can put up with without opening my mouth.

Makes me sick to my stomach.

 

You guys thinking of persueing a claim go for it because these people are ripping you off and laughing at you at the same time believe me I have heard them.

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just joined site this morning. got letter from abbey yesterday telling me that as a goodwill gesture they will refund me 1005.00 instead of my 4000.00 they have taken from my account. am worried about having to go to court and upset that no body is making these banks stop.someone should be held accountable for this. if i were you jakebear i would look for another job as soon as possible. i went to my bank a few weeks ago and one of the cashiers was whispering to me that the bank charges that were been taken from my account were unlawful and that i should go on the web and reclaim them. i told him i was in process of reclaiming and he said dont take any c**p from them. but am still worried.

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Submitted 2 claims on 2 Abbey accounts

On one account received a small goodwill gesture, still proceding to court

 

I have rec'd my court date today

Ive got two accounts with Abbey, I have to prepare and submit evidence to court by end of May

The court date mid June

 

Has anyone been to court with Abbey or do they settle before. Any information on the way Abbey had behaved at this stage would be useful

 

many thanks

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Hi Bonnie....I called the courts to ask what I should present. The just told me "everthing you have".....!!! I have heard of "court bundles" but have no idea what that is. I have heard I have to take my contract (because of the Lloyds case)........contract? Not sure I even have a contract? No one is replying to my threads, so I thought I would try this one!! HELP........and also, I have been offered mediation which I have accepted.......

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  • 2 weeks later...

hey everyone

 

I have requested £940 from abbey.. got the 4 week letter runaround. After sending the letter threatening to take them to court they gave me a GWG of £105, but are refusing to budge on any more sending me the standard letter..

 

Trouble is for me now I only have statements to prove £860 of the £940, though my charges will have amounted to well over £1k over the years of statements I don't have. I thought they might just pay up as I wasn't claiming back all I was entitled to. My friend told me you could just send an estimate, which is what she did with the RBS who paid up £3k no probs (well after a bit of kicking and screaming)!!

 

Now I'm not sure what to do, I will be happy to settle for a few hundred less just to get it out of the way (fast), I don't have time to dedicate to look into the matter thoroughly and am scared of going to court and mucking something up and ending up with nothing..

 

ax

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