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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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lost in Court Bundle


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i have got to the stage of the Court bundle. My case against Abbey is scheduled for the 16th Feb but I am away until the end of January so need to get it done before I go on Saturday. I requested discosure when the AQ was sent in but it does not appear that the judge has ordered this. Karnevil posted some very good examples of forms required in the Bundle but I am a little confused by them. There is a Summary of Evidence, Disclosure by List, Witness Statement, Draft order for Direction and a Strike out Defence due to non compliance of Bundles. Do I need to complete and submit all of these in the Court bundle?

 

Everone says not to worry Abbey will pay out before the hearing but indications so far seem to be that they will attend the hearing, I am getting real nervous about having to face the Judge and their solicitors to ask questions about their system of charges etc. Maybe I have watched too much telly and am afraid of being made to look a jibbering idiot. Any help?

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Hi, yes do all of them, what you could do also is contact abbey and say that you would like to give them a chance to settle before you complete the court bundles as it will then cost them alot more and see what they say

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Just spoke to Abbey to say I was preparing the Court Bundle and to see if they were prepared to discus settlement to avoid further costs. Persons Name was Oliver who said they were not interested in discussing settlement as their final offer of £320 was fair so see you in court! My claim is for £3500 plus costs.

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Have a look at this thread( if I've copied it properly)

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57475-ostrich-abbey-court-date.html

 

It seems to be a couple of days ahead of you and answers a lot of questions

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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Mandy, what number did you ring? surely not the Triton Square phone number, if you rang anyone else then you will not get anywhere at all

 

you need to ring triton square on 020 775 64306 with your case number and your spreadsheet and add on all court costs

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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just dont hold your breath iof you get christina, she was a little curt with me and basically said they wouldnt discuss it over the phone, re the court bundle it is important that you get the points in it so that when they do call you ( and they will) you can reel off the relevant cases etc with confidence. try and read it in chunks also for the moment ignore the case law sections ( you will need to cinclude them but dont bother reading them and committing to memory till just before the case) its the points of law you need to focus on.

do a list of correspondence, witnesses will probs be just you unless you have bought in a forensic accountant,

direction to strike out defence due to non compliance of bundles is not relevant yet as they havent yet had to file bundles ( the bundle is what you are talking about here)

 

so basically one side of a4, index the statement, the case law, the correspondence and the current schedule of charges.

 

next page, ( mine HERE is about 6 pages) your statement, use and adapt the one bookworm has posted.

 

after that correspondence index i have numbered the correspondence CI 1 CI 2 etc so that each letter is refferrable to from the correspondence index - just include evrything you have written to them and received back form them except all without prejudice paperwork ( even your replies to WP letters as they will refer to the offers etc)

 

next pages upon pages of relevant laws, i used bookworms bundle cut and pasted, read it thru if you can take it a bit at a time most of it is straightforward.

 

finally your current schedule of charges with interest to date.

 

make three copies of this, one for you, one for the court and one for the defendant. always use a capital when referrring to the Defendant or the Judge and double line space ( sis is a lawyer and insisted on this regardless of the paper wastage :rolleyes: ) and away you go :) also id suggest you send the bundle to them well before you have to and send it recorded so you can prove they had it by such and such a date.

good luck and they will probably forget to file theirs so dont worry about going in fornt of a judge, wont ever happen :)

me against the abbey Paid in full (donation made)

me against the woolwich Paid in full(donation made)

me against HSBC Paid in full(donation made)

 

 

beware the scrapbooker, for she has a long memory and sharp knives :lol:

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Hi, yes do all of them, what you could do also is contact abbey and say that you would like to give them a chance to settle before you complete the court bundles as it will then cost them alot more and see what they say

 

 

Hi Lula, yes did that see previous posting, they werent interested.

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Hi Lula, yes did that see previous posting, they werent interested.

 

Mandy, what number did you ring? surely not the Triton Square phone number, if you rang anyone else then you will not get anywhere at all

 

you need to ring triton square on 020 775 64306 with your case number and your spreadsheet and add on all court costs

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 3 weeks later...

Hi Guys, Sorry if I have not replied to your useful comments but have been away for a couple of weeks. I sent off the Court Bundle before I went away and have heard nothing back from Abbey. The deadline for the Court bundle was the 2nd Feb and it is now the 8th Feb. Should I do anything or just wait for the hearing on the 16th Feb to see if they turn up. At what stage can I apply to the Court to find in my favour as they did not comply with the order to file the evidence 14 days before the hearing?

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Hi Buffy

 

Many thanks for the pointer, I did call Abbey before submitting the bundle but they said they had made a very fair offer and would not be making any further offer (it was £320).

Problem now is the court hearing is only 7 days away so I cannot give them 7 days to produce the bundle. If it hasnt arrived by next week perhaps I should write to the Court along the lines of the Court letter. It is all getting very worrying that they have just done nothing makes you wonder if they can have something up their sleeve.

Regards

Tony & Mandy

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Abbey have never supplied a court bundle to anyone to my knowledg. Don't panic it is to your advantage. If by the end of the alloted time no bundle has arrived to you or the court, write to the judge requesting that the defence be struck out, due to non compliance of the directions. Template letter found in the stickys at the top of this forum page.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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What do you think dropped through my letterbox this morning? only a letter from Abbey - not their solicitors saying that £2000 or so had been paid in to my account. The letter is not on Abbey Notepaper just plain paper with the address Triton Square on the top and no signatory.

 

The letter says "We refer to the settlement reached and now enclose receipt of deposit of the sum of £2***.** into your account. Please now write to the Court and withdraw your claim"

 

I have never offered to settle for this amount nor have Abbey ever contacted me with this offer so I dont know where they got the figure from as it is over £1000 less than the claim. Last June prior to commencement of proceedings the amount claimed was close to the figure they have now paid but by the time the claim went in finally it had risen to £3000 plus costs.

 

Should I accept this and say thankyou very much or should I inform them and the Court that although a part payment has been made it is my intention to press for repayment in full. I only have 6 days left before the hearing.

 

Has Abbey used this tactic before and what is the recommended course of action.

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If the claim went in clearly showing as £3000+ then I would write to them and say that you accept it only as payment towards your full claim which will proceed to court.

I believe there are some good letters in the correspondance section which you can use to say this properly without causing any problems with your court claim.

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If this is well below the claim value and you do not want to settle for it in full, Contact the court and inform them you have received a payment which you are taking as part payment of your claim. I would be tempted to enclose a copy of the letter from abbey to the court and also explain as you have above that you have not entered into any agreement with the defendant or had contact with them regarding a settlement.

 

This is a blatant pathetic effort to trick you into withdrawing your claim and I would certainly draw the courts attension to it.HTH.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hello Bish

Thanks for the helpful advice. I have downloaded a letter to to Abbey saying I will only accept the money as a part settlement of the claim and will not withdraw the claim. I will send a copy to the court as you suggest

Tony

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Glad to be of assistance and good luck with your claim.:D

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hi, I have sent letters to Abbey, Pipers and the Court but no response from anyone. It is now only 24 hours to the hearing and I havent even received their Court bundle.

 

If they turn up at Court what would be my best course of action? Anyone got any advice I desperately need it.

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