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


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Hi, Not a new phenomenon. But think of it this way. It's one thing for Abbey to ignore written Directions (ie to submit a Bundle which they never do), and quite another for the Judge to haul them in, tell them face-to-face, and then ignore him. I expect that's why they caved in here :

http://www.consumeractiongroup.co.uk/forum/abbey-bank/49118-steward-abbey-help-please-2.html?highlight=directions+hearing#post589791

http://www.consumeractiongroup.co.uk/forum/abbey-bank/3829-eyeballto-abbey-5.html?highlight=directions+hearing#post576517

and this ones still running :

http://www.consumeractiongroup.co.uk/forum/abbey-bank/51919-what-will-abbey-do.html?highlight=directions+hearing#post518258

I think it's good news for you my old son - no need for a Court Bundle perhaps. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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I think I'll give the courts a call tomorrow to see if they can advise of any documents I'll need to take. The letter I received is below:

 

'TAKE NOTICE that the DIRECTIONS HEARING will take place on 2 May 2007 and 3pm at Burnley County Court etc

When you should attend

10 MINUTES has been allocated for the DIRECTIONS HEARING

 

Cases are listed in accordance with local hearing arrangments determined by the Judiciary and implemented by court staff. Every effort is made to ensure that hearings start either at the time specified or as soon as possible thereafter. However, listing practices or other factors may mean that delay is unavoidable. Furthermore, in some instances a case may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangements that may apply to your hearing.'

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I think that you will find that they will be contacting you in the next few weeks, which makes your negotiating postition that bit stronger, what i would do now if it was me would be to wait, don't contact them anymore and if you havnt started getting your court bundle ready, I would be making a start, take account of all the time that it takes, the average time is about 20 hours, when Abbey finally contact you to try and negotiate settlement, you can ask for £9.25 per hour.

 

 

p.s. if you get it done soon and copy it to Abbey and they court, I think that you will get settlement a lot quicker :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks Lula. Have the abbey showed up to one of these hearings yet, and if so what has been the outcome?

I'll sit back and wait now. M y court bundle is printed, I need to photocopy and index and update settled cases and then it's ready for posting. Another 28 days of interest if they don't settle beforehand I suppose.

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Clicked your scales and rated you - you are a guiding light Sam! You have been so elloquent (word perfect) in all your correspondence with the Shhhabbey and the court.. And your posts are most helpful!

 

I submitted N1 to Burnley County Court on 28th March they have till 13th April to reply / submit defense...

 

Go for it M8!!! - were right behind you watching with bated breath!;)

 

Maz

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Cheers, glad I can be of help. Shabbey will put in their defence at the last minute, thats almost guaranteed. Burnley County Court seem to be on the ball with paperwork etc so everything should run pretty smooth - from a court point of view.

 

Has anyone had this kind of hearing and if so, what was the outcome?

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Sam - my first claim with abbey was settled before the directions hearing.

 

Jackie

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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I've read through quite a few threads but am still unclear as to what is likely to happen. Has anyone got any experience of a directions hearing or can you suggest any other threads that may be of use?

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Hi Sam all very straightforward really. The best preparation is to turn up with the draft directions printed out for the judge. The judge should agree to these and Abbey wont turn up anyway so that kind of forces the hand as to accepting them. I would suggest that you don't remind abbey about the hearing though as I did and theyposted their directions...which were the same as mine anyway but if they fail o attend or contact the court its another nail to speed things up. I turned up at the courts and saw the judge in a small room across a desk. Quite informal and the judge was reasonably chatty. Nothing to be frightened of and was a bit of an anticlimax in all honesty. Over and done with in a breath.

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Thanks for pointing me in that direction - this looks very useful and I'll send a copy of the letter to the courts that was featured in the thread. Mine is only a 10 minute hearing - perhaps my local court is event busier!

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Hi,

Just a quick update. I decided against sending the letter to the court, I will just turn up for the hearing with a copy of my draft directions.

 

I have, in the meantime, printed and copied by court bundle, which i intend to send to the abbey once completely complied.

 

Does anyone have a list of up to date settled cases against the abbey that I can put in my bundle?

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Great, thanks for your help. I think I'll add a case summary too - still quite a lot to do. No final hearing date though so no rush for these documents to be in. Do you think it would be a good idea to take the bundle along to the directions hearing or wait until I get a final hearing date?

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Hello Sam

 

There does'nt seem much point, just for a directions hearing. You may as well worry about the court bundle when you get a proper hearing date, maybe just start preparing for it!

 

See noobriders thread below, from post #108:

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey-6.html

 

 

Phil:)

This is only my personal, honest opinion!

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:confused: Hi ok ok know I must seem thick but where computers are concerned I am. Please could somebody tell me how I start a thread .

Ive posted a few times but I'm sure i'm doing it all wrong.Sorry to sound so stupid but I please could somebody take pity on me and HELP.

The mind goes once you reach a certain age you know. Well thats my excuse and i'm sticking to it

Thanks:oops:

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Thanks phil, just getting it all ready as I haven't had much contact from the abbey and I want to get it out as soon as I get a full hearing date.

 

overflow - to start your own thread u need to go to the bottom of the abbey page and there is a button for new threads - good luck

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:confused: Hi ok ok know I must seem thick but where computers are concerned I am. Please could somebody tell me how I start a thread .

Ive posted a few times but I'm sure i'm doing it all wrong.Sorry to sound so stupid but I please could somebody take pity on me and HELP.

The mind goes once you reach a certain age you know. Well thats my excuse and i'm sticking to it

Thanks:oops:

 

Hello Overflow

 

Go to the link below, it takes you to the Abbey Bank forum.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/

 

In between the 'Sub-Forum' section and 'Threads in Forum' section, you'll find a tab 'New Thread'. Click on this and it will direct you to starting your very own thread!

 

Phil:)

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This is only my personal, honest opinion!

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