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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
      • 162 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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SueC V Abbey


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Hi everyone, its been a while since I posted on this site as I was sidetracked by my husbands ill health and him having to close his business, however I am back with even more determination to reclaim my charges.

I finally received my microfiche records in December and have used Vampiress's simple spreadsheet, calculating £5452.00 in charges.

I do need a little advice though, I have a few listings on the microfiche as "cleared transaction" can I claim for these? Also charges for exceeding unauthorised overdraft?

I am also confused in my own mind whether to reduce the claim to within the 5000 or go for the full amount.

I would appreciate any help anyone could give me.

Regards

Sue

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just an update - have sent off prelim request by special delivery for full amount hands were shaking but its my money and i badly need it due to recent circumstances wish me luck (also faxed copy to pam speed)

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Sue, Welcome back. You can claim for all charges applied to your account whether unpaid DD, overdraft fees, cleared transactions, etc. - they are all unfair, or at least, that's what we are arguing!.

 

As far as claim exceeding £5k I wouldn't worry. Lots of claims over £5k end up in small claims court anyway. You may have to pay higher court fee of £250 instead of £120 but you should get it all back anyway. Also, court costs are payable should you lose but limited to £750. Basically, there are pros and cons. Have a read of some of the higher claim threads for more info. Does this £5k figure include interest which you can claim too?. If not, your claim could be well in excess of this figure?.

 

Good luck and let us know how you get on!.

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Hi everyone I have just received the following letter from abbey and would be grateful if anyone can give me advice on how or if to reply - it was postmarked 4/1/07 and they received my prelim (sent special delivery ) on the 4/1/04 which I am claiming over £5000 in charges

 

DEFAULT OF PAYMENT

" DMRS Ltd have been instructed by Abbey to obtain immediate settlement of the above debt.

Please arrange to pay this amount by return of post. .............................................. etc etc etc"

 

Incidently my overdraft is £3276.46 which they are defaulting on

 

I dont know what I would do without the support from everyone on this site

Thank you

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Hi Sue,

 

As far as I am aware they are not allowed to chase you for that money while your account is in dispute... and from that day (the 4th) it was!

 

I am not a lawyer and don't know the ins and outs, but im pretty sure that is the case.

 

Hope that helps.

 

Nutty :cool:

;) If I helped, then please click my scales ;)

My advice is only my opinion...

 

Please read the

FAQ's

 

Sign the Phil Whitmore petition:

http://petitions.pm.gov.uk/PAYUSBACK/

 

Abbey - £1600 - WON!!

 

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  • 2 weeks later...

Hi all

Got a phone call last week from DMRS and advised account in dispute very pleasant young lady asked for ref number on my reply to prelim which I gave her. She then said no problem we wont bother you any more until dispute had been resolved - knock me down with a feather !!!!

 

Anyway, I have now sent my LBA - lets see what transpires

 

Regards

Sue

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Hi everyone, just got in from work and lovely letter from abbey in post box.

"although the charges were correct, as a gesture of goodwill, I am happy to cancel £1,253.00. Your account will be updated shortly to show this.

 

............................I would also recommens checking your balance regularly .............. Abbey cash machine, online (I cant do this internet banking suspended by abbey and cards taken back by them!!!!)

 

With regard to your credit record, any information registered with credit reference agencies is a true and factual reflection of the situation on your account. We are required by the Information Commisioner to register and share information on how customers run their accounts. Because of this, we are unable to remove or alter the information that is held. However, when the outstanding balance is paid in full, although the default will remain, it will be then marked as satisfied ............................................................."

 

I phoned telephone banking and the account balance reflects the GOGW refund, I asked them to send a statement so that I can investigate the refunded charges .

 

I will respond thanking them for the interim payment and please send me the rest.

 

I will keep you all updated

Many thanks to everyone on this wonderful site

Sue

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Hi Sue i'm almost at the same stage as you, In regard to the default notice they are not allowed to apply a default notice while your account is in dispute. If they have then they are breaking the banking code section 13.6 i've pasted the section here but you can see the code at

 

BBA - British Bankers' Association - 13. Lending

 

 

13.6 We may give information to credit reference agencies about the personal debts you owe us if:

 

 

you have fallen behind with your payments;

 

the amount owed is not in dispute; and

 

you have not made proposals we are satisfied with for repaying your debt, following our formal demand.

 

I dont think the various sections of abbey talk to each other perhaps writing to allen Betts, Head of unsecured debt management,

Abbey House, PO Box 534, 201 grafton gate east, Central milton keynes, MK9 1AN.

Might help.

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hiya sue all that default rubbish is there way of saying get lost our system is right and your in the wrong and for years i believed them but now i realise that the letters they send are standard letters printed out in the thousands and are not individual and now i want my default removed cos we were stopped from getting a loan because of there nonsense and i know it was there default that caused it and made us feel small so good luck with your fight and ill help where i can as will others im sure xxkia

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  • 1 month later...

Hi Everyone

 

Its been a while since I posted due to the fact I have become a first time grandma.

 

However I am now ready to take abbey to court. I am just preparing the spreadsheets etc. and trying to work out the charges they have refunded - they advised a gogw of £1253.00 on checking the statement they have refunded £1290.00. The charges they have refunded appear to be random.

Can anyone advise me please if I should take off the charges from the earliest charges in 2001 or backwards from the present date.

I would really appreciate anyones help on this one

 

Thanks in anticipation

Sue

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Sue, no, don't remove any charges. Just because they paid the GOGW by reversing previous charges (albeit no-one can ever work out which ones !) doesn't alter the fact that it's just a sum of money against your total claim. You account for their GOGW by adding up all the charges and all the interest and just subtracting the GOGW. Regards Mad Nick

Abbey £8370 settled 17 Apr 07

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Thanks Mad Nick

 

I will do that. Do you think its ok to file on mcol or is it better to go to local court. I would prefer mcol as I live a little way from nearest court and have mega time constraints.

The other thing I am being very stupid about is I cannot get the interest calc to work on my google spreadsheet - think i am in panic mode am just wanting to claim the stat 8% but for love nor money i cant get my head around it - any help gratefully received !!!

 

thanks

 

sue

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Thanks for the advice - I will take it gladly - can I use any court, I live in between peterborough and lincoln and norwich (peterborough is probably the nearest)

 

just need to get my head around this spreadsheet now !!

 

thanks again

sue

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If you have Excel or Works use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

See here for a visual guide:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

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Hi

Sorry about all the questions, I just want to get things right. Can anyone please advise me - I have my total charges £5452 + 8% £690 (ish) but I had a GOGW of £1290 _ how do I calculate the interest after I deduct the £1290 ?

Many thanks

Sue

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I take it the £1,290 has been paid.

 

Just deduct the most recent charges that amount to £1,290, that way it has the least impact on your total interest calculation, but ensure that you show the calculations on your spreadsheet in case they attempt to deduct them again.

If I have been helpful please click on my star and add a comment.

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Hi Sue,

 

Just been through your thread and I have to say first off I didn't have to deal with any GOGW.

Should I be in your position I would be tempted to claim for all the charges plus the section 69 (8%) interest. And when detailing the claim state you requires this amount less £1290 which has allready been paid as a GOGW.

 

No problem with the pm by the way.

 

Best of luck

 

BB

 

Any advise offered is my own opinion, and if in doubt, always seek clarification.

If you found it helpful or useful please click the scales on the left.

 

Hi again tracked karne down and:

 

[karnevil] 1:23 pm: right

[karnevil] 1:23 pm: she wants to put her

claim in for the amount less the 1290

[karnevil] 1:24 pm: on her schedule just

put the 1290 as a credit on the date they

paid it

  • Haha 1

Any advise offered is my own opinion, and if in doubt, always seek clarification.

[

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SueC, GuidoT posted this :

Just deduct the most recent charges that amount to £1,290, that way it has the least impact on your total interest calculation,
I am afraid that isn't correct - sorry GuidoT. You should deduct the GOGW from the grand total of original charges + interest. Otherwise you are giving up the interest on the £1290 worth of charges which he suggested deleting. Abbey might have "refunded" £1290 by reversing some charges, but the fact remains that you have a claim comprising charges+interest, and they are trying to buy you off by offering you part of that. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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MN you do not have an entitlement to SI on sums that are refunded prior to the filing of the claim form. You are not giving up anything because you do not have an entitlement to it at this point in time.

 

I would agree with you if the claim had been filed at court. The position is different too if claiming CI.

If I have been helpful please click on my star and add a comment.

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