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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
      • 161 replies
    • 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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charleyfarley v abbey ***WON***


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As you said marie....acknowledgement of service dated 2nd March, letter waiting for me when I got home tonight. They seem to be doing this quicker than in the past, which seems to me to be a good thing rather than waiting until the very last minute for everything. Or am I just wishing?

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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Hi charleyfarley. I am following the same process as you. I completed my N1 form and the court sent my Notice of Issue. The Abbey have until 16th March to reply.

 

I haven't heard anything so far and I reckon that Abbey probably won't bother responding until nearer the 16th. It seems from other threads that they stall it for as long as possible.:mad:

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Hi wotnext and marie,

 

My impression of Abbey's tactics is that they stall as long as possible with everything they can think of, which is why I was surprised how quickly they acknowledged my claim and others on here. I don't expect a defence from them until the 27th day out of the 28 they're allowed, but at least on here you can see a pattern emerging and you're not isolated which is what would happen if this great site didn't exist.:)

 

My next claim is against Capital One so I've been reading up on there and even with the OFT report, they are paying back the £12 maximum recommended charges to avoid declaring their true costs..

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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As you said marie....acknowledgement of service dated 2nd March, letter waiting for me when I got home tonight.

 

I still have not received anything from my court does the letter you have received advise you what you need to do next? or is it just another few weeks of waiting?

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Hi marie,

 

It wasn't really a letter, just an N10 form from the courts saying Abbey had acknowledged. 28 days from date of service to file a defence takes me to 28th March, and you to 23rd I think. So more waiting and reading on this site........

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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  • 2 weeks later...
any news Charley?

 

 

Hi marie,

 

No, nothing at all. I had fully expected the 50% offer and defence letter by yesterday so I'm quite surprised.

 

 

How about you?

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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Well, Abbey haven't forgotten about me after all...........defence received today. Usual stuff about "fees reflect and are proportionate to administrative expenses, Claimant remains liable to pay such fees as may be found to be proportionate"

 

I don't think so, so stand up in Court and prove it:)

 

 

PS No GOGW of 50% . Maybe I've been bad and don't deserve it.

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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PS No GOGW of 50% . Maybe I've been bad and don't deserve it.

 

Have they not made you any offers since you started?

 

The 50% offer was the first time I had been made an offer which compared with everyone else I thought that was odd

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AQ received today.has to back at court 10th April.

 

Mariejader, have you done yours yet because I want to be able to copy what you've written!!

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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AQ received today.has to back at court 10th April.

 

Mariejader, have you done yours yet because I want to be able to copy what you've written!!

 

I have not received mine from the court but I have printed one from the net and cut and past the details into it

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Have they not made you any offers since you started?

 

The 50% offer was the first time I had been made an offer which compared with everyone else I thought that was odd

 

 

I received a GOGW after my LBA. It was about 15-16% and in addition they refunded my next months charges and they weren't even on my claim, so I can't really complain too much ( I would have rejected it anyway, but it would have been nice to have been offered 50% the same as eveyone else)

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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Question about my AQ for those who understand these things.

 

I have an N150 for Fast Track allocation and section G refers to costs, saying I can only enter a figure in here if I am solicitor. What about a Litigant in Person?

I have been working on the understanding that in the Fast Track then costs are applicable to both sides, so how do I claim them?

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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Charletfarley

I left section G blank, I read it that you only fill this in if you have a solicitor working for you. I presume that mentioning that i will be claiming costs in the POC is enough.

The following was in the banks template library about how to fill in an AQ form N150

 

Quote:

Section G - Costs

Quote:

Do not complete this section if you have suggested your case is suitable for the small claims track or you have suggested one of the other tracks and you do not have a solicitor acting for you.

This speaks for itself - leave all fields BLANK unless you know differently

 

 

 

regards

pmahonc

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Charletfarley

I left section G blank, I read it that you only fill this in if you have a solicitor working for you. I presume that mentioning that i will be claiming costs in the POC is enough.

The following was in the banks template library about how to fill in an AQ form N150

 

Quote:

Section G - Costs

Quote:

Do not complete this section if you have suggested your case is suitable for the small claims track or you have suggested one of the other tracks and you do not have a solicitor acting for you.

This speaks for itself - leave all fields BLANK unless you know differently

 

 

 

regards

pmahonc

 

Thanks pm,

 

I've read that too which is what confused me because I understand you can claim costs in the FT, so you would expect to include them in the AQ even if you are LiP.

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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Hi Charley ;)

 

So long as you have had to prepare a court bundle you can claim it.

 

Good Luck X

 

 

Hi i was just reading your answer to a thread..Hope you don't mind cos i am at the stage of maybe going to court as i have recieved a date when the judge is going to decide what to do, what do i have to do as regards a court bundle?

 

Webbster

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Hope you don't mind cos i am at the stage of maybe going to court as i have recieved a date when the judge is going to decide what to do, what do i have to do as regards a court bundle?

 

You will find the information on the bundle here

 

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/52494-read-now-if-you.html

 

I would recommend that you start your own thread regarding your case with Abbey then people will be able to help you directly with any questions you may have :)

 

Good luck

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Charleyfarley

I suspect that they understand that the figure for costs could vary wildly from person to person and that a lay person shouldn't be expected to be able to estimate how much a claim was going to cost, whereas a Solicitor should be able to.

I just put in my POC that i would be claiming costs and i'm keeping a spreadsheet on time spent researching, postage, photocopying etc.

 

pmahonc

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  • 2 weeks later...

AQ received from Abbey as an early Easter present. It all seems fairly standard, and I'm not planning to file until Tueday so it allows me to have a reassuring look at their intentions first.

 

In their draft directions they've asked for Claimant and Defendant to file and serve, 14 days prior to the hearing " copies of all documents on which they intend to rely on at the hearing".

 

Well make sure you let me have an accurate breakdown of your costs please Mr Abbey!

 

Well what shall I do this sunny Easter morning..........eat Easter eggs or complete an AQ? (actually I should include go to church as an option as well)

 

 

On we go........................:)

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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Hey Charley

 

I'm at exactly the same stage as you.

 

I never had a 50% offer only a GOGW of £323 at the beginning (they only put £282 in my account.

 

I have to fill in AQ today - it has to be in by 11th Feb.

 

Feeling a bit out of my depth now but hell, I've already spent £250 on the claim!!

 

Any tips on what I need to include in the AQ would be gratefully appreciated. I keep putting off starting it..............

 

Claiming over £5k including interest.

 

Good luck everyone. Seems there are a lot of us at this stage right now.

 

Cassie

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