Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Tina V Abbey *** WON ***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1876 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

[your address]

 

 

 

 

[bank name & address]

 

 

 

[date]

 

 

 

 

 

 

 

RIGHT OF APPROPRIATION

 

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

I am writing to inform you that I am due to have a Tax Credit payment of £xxx paid into my account on xx/xx/xx, and I wish to use my first right of appropriation for this money, for the following purposes;

 

Rent £xx

Utilities bills £xx

Housekeeping money £xx

 

I will withdraw the money on the day that it is deposited for the above use, and I would be grateful if you would ensure that any other payments out of my account do not interfere with this withdrawal.

 

Yours faithfully,

 

 

[signature]

 

 

[print name]

  • Confused 1

..

.

 

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.

 

 

Link to post
Share on other sites

  • Replies 184
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

put this letter into them yesterday morning, and explained it to them too :D

 

Thank you Jonni!!!

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

Link to post
Share on other sites

got my notice of issue today, it was deemed to be served on the 25th june, Abbey have until the 10th july to defend, I don't fill in that ''request for judgement'' yet do I?

 

and thanks Jonni, Abbey haven't took a penny out of my benefits :D

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

Link to post
Share on other sites

That news about the benefits is good. I had no money at all last week cause it all went to pay off bank charges so it's good to know if that happens again I've got something I can do.

 

And, Abbey can't withdraw your overdraft without giving you written warning. Nationwide did that to my other half and he complained to the Banking Ombudsman and it got sorted out.

Link to post
Share on other sites

That's great news. Be aware though, that the letter covers one payment only and you would have to submit a fresh letter for each payment being received if you are still in a similar position.....

..

.

 

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.

 

 

Link to post
Share on other sites

there's no chance of them getting thier hand's on my other benefit's as I'm switching them all over to my new account, and Abbey can go *bleep*

 

Thanks again! :D

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

Link to post
Share on other sites

I don't fill in that ''request for judgement'' yet do I?

 

:D

 

You won't be able to until midnight on the 14th day.

 

I hope yours is smoother than mine!

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

Link to post
Share on other sites

you spoke to soon nnelson, abbey have filed a defence :mad: I know that gives them 28 days now from the 'deemed' date, but what happens then? do I need to do something?

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

Link to post
Share on other sites

Hi Tina

 

I must be just a bit ahead of you. My claim was deemed as filed on 12th June. Got notice that Acknowledgment had been filed on 20th June. Abbey had til 10th July. Received a letter on Friday 30th June from solicitors Piper Rudnick asking for breakdown of claim & how interest figure was calculated!! Had put in my claim exactly how it was made up - they probably cannot read properly!!!

 

Awaiting answer from someone as to if I should send copy of my spreadsheet & bank statement to the solicitors & the court. Think this is what I should do but like to know I am doing it right.

 

Good luck, glad we are near the end of it now x x

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

Link to post
Share on other sites

thanks for that Lipscombe, I'm sorry I don't have an answer for you, and I sure hope that we are near the end and I'm hoping that Abbey refund my money in full BEFORE court so I don't have to go, I will be following your thread with interest,

 

good luck!!

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

Link to post
Share on other sites

recieved my first letter from DLA Piper Rudnick, stating that I haven't provided them with details of how my charges and interest was calculated,

 

I know others have had this letter too, I did send them a printout of the charges and interest to them and to the court, do I have to send it again?

 

if I do does anyone have an e-mail address for DLA to send it to as I don't have a printer and the local library is closed today, thanks!

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

Link to post
Share on other sites

Thanks for that Karnevil ;)

 

hmmm just been looking for the name of the solicitor on my letter and there is none! it just says:

 

yours faithfully

 

DLA Piper UK LLP (writen)

 

also at the top of the letter (just under my address) it's got this in bold: BY POST ONLY

 

looks like a trip to the library then tomorrow

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

Link to post
Share on other sites

sent :D thank you!

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

Link to post
Share on other sites

since abbey have filed a defence and have only 11 days left! I haven't heard nothing at all??? not even a 50% offer or a AQ, is this normal?

 

do I need to do anything at this stage?

 

maybe I'm going to be the ONE they do take to court :eek:

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

Link to post
Share on other sites

not even a 50% offer or a AQ, is this normal?

With Abbey, yes...

 

do I need to do anything at this stage?

Nope :)

 

maybe I'm going to be the ONE they do take to court :eek:

We all go through that thought process, but we all end up being paid.

..

.

 

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.

 

 

Link to post
Share on other sites

Thank you! :D

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

Link to post
Share on other sites

The Clock is ticking and I don't have a clue what the next step is???

 

have not heard nothing from Abbey or the courts, (no AQ, no 50% offer letter) they have until the 23rd July

 

been reading other threads and all have had AQ or a 50% offer at this stage, I don't understand what's going on, or what I should do, sorry :(

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

Link to post
Share on other sites

A bit confused!! I'd say a lot confused!! lmao!

 

Thanks for that Karnevil, it's cleared my confusion loads ;)

 

more waiting then, guess I can do that :D

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

Link to post
Share on other sites

Hi

 

I know what you mean, i kept trying to go for the default option and couldn;t figure out why it wouldn't let me.

 

Did you get a covering letter with the defence? It was in this they offered me the 50% (which i am so glad i declined).

 

I am just about to fax my acceptance, for 100%. But thing to look out for is that they wanted to pay the money into my abbey account - even though it was shut for 3 months??? Also, i think that if people request cheques, then there is less chance of the abbey trying to mess them around?

 

Rayo1973

Link to post
Share on other sites

just a court letter (notice of issue) then a letter from DLA saying Acknowledgement with intent to defend, that's it! as karnevil has said though, I'll do the judgement thingy if I haven't heard off them by 23rd which is a Sunday!

 

should I post the notice of issue back to the courts on Friday before, or Monday after the Sunday?

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

Link to post
Share on other sites

I can't use moneyclaim, I'm on benefits, so I guess it will be the Monday then, I'm just going to hand it over at the court myself, and then wait again lol.

 

my claim seems to be taking forever!!

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

Link to post
Share on other sites

Don't lose heart! If anything, you should draw strength from cases like mine. I was just dreading it going on and on, then i checked my email today and nearly fell off my chair when they agreed 100%. It will happen when you are least expecting it. They seem to have a a quote for holding back and a quota for offering 50%, but none for settling straight away. But we all get there in the end

 

Stick with it, and it will happen.

 

rayo1973

Link to post
Share on other sites

Thanks Rayo, chin up then, and battle onwards!

 

and congratz again :D

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

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1876 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...