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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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Dessie v Abbey ***SETTLEMENT REACHED***


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Trip to court down the road today to file my AQ.

 

Had a letter from DLA on Saturday, got all excited cos I thought it was THE letter, but no, was just their confirmation that they had filed their papers. They did not send me a copy!

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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And on another point, following the shAbbey's letter telling me that they would be passing my account overdraft for collection and that they would enter a default notice, I wrote to them referencing the DPA. I have received another bank statement since then and they are now no longer charging interest on the overdraft!

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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It is done, could have done without another £100 expense this month but there we go, it had to be filed. Very nice girl at the court, very helpful so made the whole process ridiculously easy.

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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Emailed Alison Burton with an offer to try and get the final bits sorted quickly as I could really do with the cash now lol. I said I would accept the £4985.00 plus interest as of 19th July, when I first contacted DLA with my schedule of charges, and that I would waive the legal fees (arent I generous lol - £220!).

 

Not had anything back yet.

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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I'll give her a nudge tomorrow morning if I havent heard anything today.

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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Oh and I had another "sorry you had to complain" letter yesterday. I think it was in response to my DPA letter regarding them registering a default notice for me not clearing my overdraft.

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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Had a reply from Alison this morning, she is waiting for a response.

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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Intriguing

 

Without prejudice

Robert,

I will let you know when I receive a response from my client, however, on reflection I should inform you that I consider that it is unlikely that there will be a positive response to this offer. My client considers that it has a valid defence to your claim, and given that your claim is for a more substantial amount than some of the other bank charges claims which my client is responding to at present, it is unlikely to regard your offer as an attractive offer to settle the matter.

With this in mind, if you would be prepared to reconsider your offer and provide a more reasonable and realistic counter offer I may be able to persuade my client that it is in the interests to all parties to reach an expeditious settlement to the matter.

If you have any queries in respect of this matter please do not hesitate to contact me, or my colleague Laura Shingler, who I have copied in to this email.

 

Kind regards

Alison

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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Cheeky buggers!! asking you to lower your ''entitled'' money back! :x

 

I'd tell them to stick it and go for the full whack now!

Data Protection Act letter sent 10/04/2006,

priliminary letter sent 23/05/06,

LBA sent 7/06/06

claim issued 23/06/06

deemed to be served 25/06/06

Abbey Acknowledged with intent to defend, they have got until: 23/07/06

50% offered + interest, rejected: 21/07/06

AQ recieved 27/07/06,

AQ posted back 09/08/06

Court date 13/12/06

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I have read through all this and have started my claim. I have already sent abbey a letter requesting how much the charges are that have been applied to my account and not recieved anything back! I have also recieved a letter threatening to close my account. I'm really stuck on what to do next (confused really) can ne one help?

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Have sent you a message Scoot.

 

Start a thread and dont worry about asking questions, we're all in the same boat and just about everyone has had any letter you may receive.

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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Went in today with final offer of 10% off of my total claim and..............

 

Robert,

I can confirm that the Abbey are willing to accept your offer.

In order to bring this matter to a close in the most expeditious manner possible I have requested that they start processing your offer today. However, please be aware that it may take between 7 and 10 working days to process your payment.

I will send you out a revised offer letter in this evening's post which I should be grateful if you would sign and return to be at your earliest opportunity.

I hope that this is a satisfactory outcome to this matter. If you have any queries please do not hesitate to contact me either by email or on the telephone number below.

Kind regards

Alison

I have not been this happy since I was at a Prodigy concert last October :D

Total settlement - £5248.79

:D:D:D

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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Well done Dessie, dont stop the action though till you have Cleared funds. Good on yer gel!!!!

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks to everyone on here for advice and help. There will be a nice fat donation making its way to you very soon.

 

 

Please can a mod edit my thread title.

 

I will do the survey as soon as I have received the money.

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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Congratulations Dessie, Abbey are paying up thick and fast now...seems like they are conceding to the inevitable........

 

Jayne

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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i started my claim last week i am doing it on line and by letter i have put an estimate in which i can change at a later date has any one tried this will abbey credit card i rang them who deal with visa cards balance was £4,500 in one cal because i said i was going clear the debt and i said about the charges i got it down to £2000 so i am thinking maybe they owe me more than that so i will try again

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Interestingly, I think the solicitors have carte blanche to negotiate whatever settlement they can if the claimant enters into negotiations. I have made offers just about each day this week and have just had "as soon as I get a response I'll tell you", but I have never actually had any official rejections of my offers.

 

This morning I made my final offer to be accepted before close of business or I would withdraw all offers to settle and allow the claim to run its course and within 45 minutes it had been accepted!

 

I could have waited for full settlement but I am in dire need of a bit of cash lol.

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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i started my claim last week i am doing it on line and by letter i have put an estimate in which i can change at a later date has any one tried this will abbey credit card i rang them who deal with visa cards balance was £4,500 in one cal because i said i was going clear the debt and i said about the charges i got it down to £2000 so i am thinking maybe they owe me more than that so i will try again

 

Dont know about credit cards Sarah. Best start your own thread or else your question will get buried.

 

Good luck

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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Congratulations Dessie

 

Would you please remember to fill out the SURVEY - it only takes a few seconds

 

Well done!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Another Success Story.

 

Good on yer!

 

Odd

Abbey - Won DPA Claim - Aug 06 and got bailiffs in to recover my court costs of just £30.00

Abbey - Won Charges Refund of £1050 - Nov 06

Egg - Recovered £220 due to Customer Services misinformation - Feb 2007

Nat West - Prelinimary Letter to recover on Credit Card charges £30.00 sent March 2006. £25.40 offered - rejected and the bank reckons that this is it's last word on the matter. We'll see if that's still the case when it reads my N1 form sent recently. It has until the 17th April to respond or the N1 will be submitted.

 

Please check out my web site www.BankChargesScandal.co.uk for Research, Useful links and my story.

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CONGRATZ!! :D

 

just wish mine would hurry up a bit now :(

Data Protection Act letter sent 10/04/2006,

priliminary letter sent 23/05/06,

LBA sent 7/06/06

claim issued 23/06/06

deemed to be served 25/06/06

Abbey Acknowledged with intent to defend, they have got until: 23/07/06

50% offered + interest, rejected: 21/07/06

AQ recieved 27/07/06,

AQ posted back 09/08/06

Court date 13/12/06

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Well done in getting your money back how exciting. How does your bank account stand now does this mean that you can go back to using your account as normal and paying off the overdraft or not. My account is currently £474 overdrawn + the £1000-00 overdraft my money now goes into my husbands account just wondered if I was doing it right? Well done

Abbey - Sent Data Protection Act Letter 14/06/06

Received letter 26/06/06 microfiche argument

Sent microfiche argument letter 27/06/06 recorded delivery

Received bank statements for 15 months 30/06/06

Received printout of charges for April / March 2005 06/07/06

Sent LBA 07/06/06 (Template 1)

Re-sent LBA to two different addresses 18/07/06

Received another fob off microfiche story 20/07/06

:o Sent LBA in answer to microfiche again 26/07/06

Received another two fob off microfiche letters 26/07/06

Sent LBA Template 2 26/07/06 wait seven days

Went to court with N1 forms 10/08/06 Claimed served on 12 August abbey have until 29/8/06

:DReceived microfiche statements back to 2000 !!!

:-oSending letter before action with schedule of charges today 28/09/08.

Claim acknowledged Abbey have until 24/10.

Received 50% offer 25/10 along with defence

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Well done , Dessie. I have have just received copies of microfiched statements for past six years after protracted "exchanges with Scabbey Abbey... following the guidance in this website.. Can I ask what categories of charges did you specify on Spreadsheet ? .......i.e

1)Unpaid Direct Debit

2)Unauthorised Overdraft fee

3)Cleared Transaction

4)Int debit

5)Unpaid cheque charge??

 

All of which have been charged to the account.

It looks as if my claim will also have to be processed in "Two lots,"as well .Anyone else who has completed the claim after initial hurdles of obtaining records using DPA REGS??

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All of them is the simple answer, if you dont ask you dont get!

 

The thinking from what I have seen recently is that if you are going in 2 lots then split it by catagory rather than dates ie put in a claim for Unpaid items and then the second claim for the other items.

1st Abbey claim settled 11th August - £5248.79

2nd Abbey claim started 21st September 2006

DPA letter posted 22nd September

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