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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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sam78 V's Abbey***WON***


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I think I may have sussed out who the abbey dish out GOGW's to. My account is in credit with them and has been run without any 'penalties' for almost 18 months.

 

From reading quite a few threads it appears that GOGW's are only being offerred to those who owe the abbey some money through overdrafts etc.

 

What do you think?

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Hi

I owe the abbey about 1300, but i stopped using the account back in 2002 when i realized what they were charging me each month !

I have not had a gogw from abbey, infact heard nothing since they submitted their defence. My hearing is scheduled for 8th may. I was beginning to think i was the only one they have been ignoring.

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I think it is probably just a new tactic in order to get those who aren't so strong willed to cave in at the first sign of receiving some money - at the end of the day if you accept it as full settlement they have got away with paying you a lot less than you are entitled too!!!

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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Very true, I just feel a little devalued that they haven't offerred me anything other than a fob off.

 

I don't suppose it matters when I get my money back just as long as I get all of it. I'll probably change banks as a 'thank you'.

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Just a quick question. My prelim letter was one taken from moneysavingexpert.com and I've noticed that it doesn't request the bank make a disclosure of costs involved with charges. Should I include something somewhere or can that wait til a further point?

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sam, their failure/refusal to disclose their true costs is fundamental to these claims, so you really need to ask, ask and ask again, then see if you can get the Judge to Direct them to produce them as evidence. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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I have already done that changed to Natwest lol. Have cancelled all my direct debits, moved wages etc just got one cheque to go out for £89 for council tax then closing the account so they can stuff there Goodwill payment then. I would make arrangements for another account now just in case. Natwest Steps is good if your credit aint to good. Still do everything just no chequebook.

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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Thanks for the advice.

 

I've now issued my claim at the courts, so I presume I just sit back and wait now. I also sent a recorded letter to the abbey today advising them that I was unhappy with their response so far and that I had issued against them. I also listed the cases that have been brought against them that they have settled out of court. This letter was included with my court papers too.

 

Should I receive my copy in the post with the date the papers were served?

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Bit paniky now. My case was only handed to the court last wednesday and I received my docs on Thursday advising the claim is deemed served from Friday (9th) Lo and behold I've received another letter from court this morning advising that Abbey have already acknowledged the claim and are defending.

 

From reading other threads I thought they would drag this out, I'm a bit concerned that they've acknowledged straight away. Can anyone calm my nerves a little or am I right to be worried?

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Thanks for that. I'll wait and see what the defence says when (or if) it arrives and take it from there. Looks like my court are pretty good with turnarounds so hopefully this will get solved sooner rather than later.

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I very politely sent the abbey a letter last week to advise them that I had begun court proceedings and this morning I've received two letters from them to say they are looking into my complaint..4 weeks to reply..etc.

 

Marc Winder - Head of Complaints digitally signed the letter so I have sent a nie little email advising them that I don't have a complaint and that I require a refund of charges. I've also given them the court reference number and asked that they merge all the files they have regarding this.

 

Let's see what happens next.

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Just another quick update. I've had a response to my email but only to advise me that it will be passed on to the relevant department.

 

I did receive two letters yesterday in the post to advise me that they are still looking into my complaint and that its taking longer than usual etc etc. This was sent the day after the complaint letters that I mentioned in my last post. What a waste of paper and ink.

 

3 weeks left to get their defence in.

 

When the abbey approach me for settlement I am thinking about asking them to consider the hours spent on the case - I know some other people have successfuly done this, but I was thinking of quoting them some kind of time span i.e. half an hour per side of A4 for each sheet in my court bundle. Does anyone have any comments on this?

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I've been doing some research into requesting preparation costs and have got the relevant information which I am going to reconstruct. Is half an hour per side of A4 reasonable bearing in mind printing, photocopying, reading, researching, understanding etc? Please can I have others thoughts on this.

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Hi Sam

 

My defence from Abbey is due to be submitted withing the next 14 days.

 

I am thinking of writing to them asking them to settle. Including already settled Abbey / Cahoot litigations and saying I will be seeking costs for the time involved in preparing my court bundle.

 

Unsure what a genuine pre-estimate of my time is at present. Needs to be reasonable though.

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