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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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ICY -v- Abbey


ICY
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Oh and incidentally on the "Without Prejudice" subject. You can't include anything that is marked WOP ONLY if it contains a genuine attempt at settlement..... figures mentioned and terms. Otherwise it does not have the priviledge to be viewed as such and thus can be included.

 

If in doubt...post it up here either publicly or as a private post and we will advise you. :p

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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cheers srfrench i did try doing so bit my heads a shed at the mo, been doing this all day, maybe the acts will make more sense once i have had a break from the screen

 

On the same score though i want to make sure i dont leave anything out, and i dont want to just put the whole thing in if it is not needed this wouldnt benefit the judge or my case

:madgrin:

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It will trust me lol ;)

 

It took me a few goes but now I quote it virtually verbatim :o

 

Perserverance is whats its all about but it's all totally worth it in the end!

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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UTTCCR 1999 or should i put the whole document in

 

also same with UCTA do i need any particular sections or should i include it all

All, of both

the supply of goods & services act again which bits or all of it ???

None of it - not necessary v Abbey

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Is it any use adding

 

The consumer Law Centre Victoria Media release about australian bank fees and The competition report from Northern ireland or would these be irrelevant?

:madgrin:

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The CC report is highly relevant, so certainly include that - in fact thats essential for any Abbey bundle IMO.

 

The Aussie one less so, but worth including as you've referred to it in your witness statement, presumably.

 

Here's some bits to add to your WS if you like -

http://www.consumeractiongroup.co.uk/forum/abbey-bank/726-abbey-charges-5.html#post895532

 

some of the paragraphs from d) would be useful to include.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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your a star gary thanks

 

would i put the witness statement at the front of the bundle or should i keep it as a seperate document

:madgrin:

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Use the second SofE (Pre-estimate one), re-titled as a witness statement as a base, and add some paragraphs from section d) of what I just linked for you.

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html#post482194

 

I would put it at the front - index/title page first, then WS, then the rest.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Icy,

 

Just thought I'd let you know what she paid me for my costs. Bundle WAS prepared but not submitted. Her colleague turned down my request over the phone but I e-mailed Inga & posted her a letter & she then agreed to pay it.

 

Total paid £368.10 broken down a follows:

 

30 hrs @ 9.25 p/h £277.50 5 letters @ 6.75 per letter £33.75 Ink £32.00 Paper £5.00 Postage £9.50 & Potocopying 207 sheets @ 5p per sheet £10.35

 

Could've gone for more on my time & postage in the end because there were lots of e-mails/letters backwards & forwards near the end but I was MORE than happy with this! After I'd submitted my list I did a spreadsheet breaking it down further (to apply to court for wasted costs)but she never asked for breakdown or receipts.

 

Hope this helps. Won't be long now! Keep going!

 

VF

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Is there a copy of the northern ireland report that doesnt have loads of bits cut from it, all i can seem to find is THIS and as i say there are loads of bits cut out and the tables arent complete

 

The CC report is highly relevant, so certainly include that - in fact thats essential for any Abbey bundle IMO.

 

The Aussie one less so, but worth including as you've referred to it in your witness statement, presumably.

 

Here's some bits to add to your WS if you like -

http://www.consumeractiongroup.co.uk/forum/abbey-bank/726-abbey-charges-5.html#post895532

 

some of the paragraphs from d) would be useful to include.

:madgrin:

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The cut bits are deliberately cut - confidential. The important bits are all there, so don't worry about it.

 

Heres the full report, but all you really need is appendix 4.6.

 

Provisional Findings report -Northern Irish personal banking

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Just called Oldham courts to find out whats happening and was told that it has to go before the judge for an allocation hearing, when asked how long this might take he said how long is a piece of string, we have no idea how long it will be.

 

The bundle is now complete and ready to go, just needs to be printed, which apparently according to oldham court, I cant do until the allocation hearing has been heard ?????

 

i was really looking forward to sending the bundle off to abbey and to the court, guess i will have to wait a little longer.:(

 

Gary thanks for all your help, your a diamond :)

:madgrin:

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Just like me ICY, I've got the bundle all ready to go but got to wait until after Case Management Conference on the 28th June to send it.

 

Seems like everything has come to a halt with mine, just waiting for Abbey to settle or see them in court. Oh well, suppose I should tackle CapOne while I'm waiting.

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Just had a thought, do you have any automated letters from Abbey tell you you're gonna be charged?

 

If you do, please please could you let me have copies (obviously without your details) cos I don't have any, Abbey stopped sending them about 2 months before I started claiming and in a mad moment during a clear out I threw them. I know Clarion needs some before Thursday as well, so it would be great if you had them. Ta, just in case.

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could i still send abbey a copy of the bundle anyway, along with a spreadsheet showing costs incurred, or would there be no point.

Obviously i cant send a copy to the court yet

:madgrin:

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Gorge did just that so I suppose you could if you wanted to.

 

I'm not gonna bother till I see what happens with this Hearing on the 28th cos I might not have to submit, even though it's ready to go. Like Villafan I'll still be claiming wasted costs cos I've offered to settle without the bundle costs and been ignored.

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I want to see the full document in print lol

 

its only 183 pages long :eek: , should give abbey something to rest their phones on ect, what i am wondering is will it make them send me a nice big cheque lol :D although i doubt it

:madgrin:

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Has Inga responded to your last letter? I am at exactly same stage as you and sent her an almost identical letter. She will not negotiatiate on her origanal offer with me and says she can no longer help me!!! I am a bit stuck now. Just curious what she has said to you

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She said the same to me, so basically i said i will see her in court and i look forward to receiving thier bundle.

 

just got this months statement and the idiots are charging me £50 because they put me overdrawn by £9 the reason i went overdrawn was the day i filled the car up (i had enough money to do this according to online banking that morning) they then took 3 card payments out of my account, these payments were made 11 days previous, called abbey up, got someone in india who didnt understand what i was saying, so transferred me to a british call centre, reason they charged me? - because they say they had problems with the card system around this time, sorry sir on this occasion we will remove the charges for you.

:madgrin:

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just checked emails and have had this from her

 

Dear Sir,

 

Thank you for you email however, in view of your response I am unable to take

the settlement discussions any further.

 

Kind regards,

 

Inga Kirkman

:madgrin:

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