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    • Welcome to the forum – and welcome also to a whole group of victims – although that probably won't make you feel any better. Can you please post up the service document in PDF format. Has it got MOT? What was the date of that? Which dealer's name did you actually buy the car from? How much to the car cost, what make, model, mileage, year? How much did you pay through finance – and what finance company did you use? How did you pay the rest of the cash balance. Was the finance on hire purchase or was it simply a loan with which to purchase the vehicle? Whatever the situation – and even if they apparently no longer exist, you must reject the car under the Consumer Rights Act. You are just within 30 days so you must write them a letter to their last known address – send it recorded delivery – in fact special next-day delivery and make it clear that the car which you bought has manifested serious defects and therefore you are asserting your right to reject the vehicle for a refund as it happens within the first 30 days of ownership. Send this letter straightaway. If you bought the car on hire purchase then send an exactly similar letter but addressed to the finance company and make it clear that they are responsible because they are the owners of the car and they have effectively sold to you and therefore you are asserting your rights under the consumer rights act. If it is not hire purchase then send them a copy of the letter which you have sent to the dealer and send a covering letter pointing out to them that under the consumer rights act, the contract is now void and as they, the finance company have provided the finance for it then there's is an ancillary contract which is also void. Tell them that you want to know what arrangements they are proposing to make to unravel the contract. You had better be assertive with them straightaway because believe me, all finance companies will drag their feet. So make it clear to them straightaway that you won't stand for any nonsense and that you're prepared to go to court to unravel the contract and to get any money back from them. Make it clear to them that you are completely familiar with your rights under section 75 of the consumer credit act 1974 which make them, the finance company, equal with the dealership in their obligations towards you Please answer the questions above and also confirm that you have sent the letters I have suggested – straightaway. That means draft the letters, post them up here if you want a quick scan of them from us and then get down to the post office for next day delivery. Don't hang around. This is a serious matter
    • hello there   just want to remind you of this case i had vs roadster, the blown turbo and poor customer service    I had covid during this period so was unable to attend.   the other side also did not attend.   i have received a letter today from the court, the parties are to attend an adjourned dispute resolution hearing 6th may 2022   i received the letter today the 20th, and was told that i have to file at court and serve on each other copies of the documents i intend to rely on (by today the 21st!!) but not limited to:   claimant:    invoice from defendant   invoice from company carrying out remedial work   copies of any emails/texts/letters sent to or received from the defendant branch or head office   i have printed out x3 copies of the remedial garage invoice i have also printed out copies of all emails we have exchanged.   there are gaps, as we had a number of telephone conversations, and as it has been a while i am kind of forgetting the sequence of  events?   i think it looks good for me that roadstar did not attend, do you have any advice on how to proceed?   all i can do is print off what little paperwork i have.   thanks for your time   gavin 
    • “We’ve been really clear that we all have a role to play. If not enough people get that booster jab, if not enough people who are eligible for that original offer of a vaccine don’t come forward, if people don’t wear masks when they really should… it’s going to hit us.” - Javid   So wheres the requirement?   British Medical Association criticise Plan B restrictions not being implemented WWW.OXFORDMAIL.CO.UK Criticism has come in from the British Medical Association after the Government said it would not yet implement Plan B restrictions.   Ministers divided over face masks in Commons - follow live WWW.INDEPENDENT.CO.UK BMA claims ministers ‘wilfully’ risking lives   Britain resists new coronavirus restrictions Amid rising numbers of cases, the British government has rejected calls to reimpose coronavirus restrictions, while warning that such measures might be needed if the rollout of vaccine booster shots fails to contain the worsening situation. Britain, which administered vaccines early, is now reporting one of the highest rates of new cases in the world as the vaccines’ effectiveness wanes. “We will do what it takes to make sure that this pressure does not become unsustainable, and we won’t allow the N.H.S. to become overwhelmed,” said Sajid Javid, the health secretary, referring to Britain’s National Health Service, which is already under pressure. He warned that new cases could surge to 100,000 a day.   The British government’s contingency plan would reimpose some restrictions that were scrapped in England in July, including mask-wearing rules and urging people to work from home. Those visiting nightclubs and other venues could be required to show proof of their vaccination status or of a recent negative test.   Analysis: Experts believe cases in Britain are rising because large numbers of children are unvaccinated and schools do not require face coverings. Mask wearing is less prevalent than in some other parts of Europe, where masks are often required indoors and where cases per capita are much lower. Data: Britain has reported over 40,000 new cases for seven consecutive days, and 869 patients were admitted to hospitals on Saturday. The daily death toll rose to 223 on Tuesday, the highest number since March   -NYT  
    • HI So today i have recieved a supplementry witness statement  However, it was sent to my work email address. I have no idea how they got that email   I will post it up  
    • Hi. My partner is currently dealing with issues from this dealership which seems to be common on here! Stupidly, we didn't do enough research into this company (Chobham Central Garage aka Crown Motor Direct aka GTL GENERAL TRADING LTD) when she bought the car on the 25th September otherwise we never would have! The car had got a service just a day before we bought the car which we have now can assume was a forged document and the sales guy (Nathan) assured everything was completely fine. Just 1 week after buying the car, it had broken down on the motorway with an “massive oil leak all over the engine, fan belt had snapped, the battery had gone and it had illegal tyre on the vehicle, these issues do not look to be new problems. The driver could have died in this car" quoted from the RAC breakdown recovery.   Thankfully my partner took this car out on finance so she is not out the full cost of the car and we have the finance team looking into this but it's making matters difficult as seemily around the time the car had broken down, every trace of the company has went down, the website no longer works and phone numbers do not go through so we're in limbo at the moment. My partner did put a deposit down on the car which we have very low hopes of ever getting it back as there is no way of even getting in contact let alone getting a resolution from them Stressful situation to say the least.
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Sick of Abbey v Abbey


SickofAbbey
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I am putting together the court bundle but don't have a copy of the banks terms and conditions. Does anyone know where I can get them?

 

A reply would be really much appreciated as when I have asked questions in the past no one seems to answer. I am getting totally scared now.

 

I'm getting married on Saturday and am stressed to death with that as well as this!

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My other half is due in court in 10 days time. I sumbitted his court bundle and sent a copy to Abbey. I rang the court and Abbey have not submitted anything. Is this usual?

 

Also if they ring to offer do we accept only the bank chargaes or the charges plus contractual interest AND the daily rate of interest that would be set by the court and court fees?

 

Any help would be appreciated. Thanks

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hi - i am due in court on 10th august - against abbey - i rang and abbey havent submitted anything.. this, i hear, is quite the norm.

if they ring with an offer.. which in light of the current situation with the test case, is possibly unlikely.. just be prepared! if you need the money now and cant wait.. then i would take it.. but its all down to personal circumstances.

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In court tomorrow at 10am. Getting quite scared now. What if they show up? The luck I have that will probably happen.

 

Do I have to say anything in court? If they turn up do I just go through my defence and court bundle with the judge and argue my point with them?

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oh blimey - i feel for you.. completely.. im in court the day after.. and its all getting a bit close and a bit real.. the realisation that the postie is going to bring anything promising is becoming ever slim.

i have just had a read through this.. which may help

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

i doubt very much the bank will turn up.. but i think someone more qualified should tell you what to do, should they turn up!! i will probably just start flapping and stuttering.. so thats probably not much use to you!

 

please please let us know how you get on.. and if there are any developments in the mean time.. have you rung the court to see if everything is going ahead as per?

 

fingers crossed for you!

 

marmite x

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Oh My God, just rang my local court (Newcastle upon Tyne) and gave them the claim number, the guy said that Abbey have applied for a stay pending the OFT Test Case result. The Judge has informed Abbey that they must apply on an individual basis rather than use a blanket stay for all claims. They must attend court tomorrow to apply for the stay.

 

He said the hearing is still on for tomorrow.

 

I asked if any of the banks had shown up in the past and he said that in the past they always settled before they got to court but now they don't in light of the OFT Test case. He said no banks have as yet shown up. (They will tomorrow I can guarantee that!)

 

I'm really panicking now.

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Well I was right.

 

Abbey sent a barrister to apply for a stay. The deputy district judge said that he had just received dircetions this morning from the high up Judge in Newcastle upon Tyne informing them that all cases must be stayed until a decision has been reached in the OFT High Court case or 1 October 2008 whichever is the sooner. Then claimants have until 28 days from that date to resubmit the claim or it will be struck out.

 

The Barrister seems to think that it will go before the High Court in January.

 

This hearing was for my husbands claim, mine is due on 28 September. The barrister was really nice, turns out I work for the same firm as his girlfriend! He said that I should write to the court asking what action I should now take i.e Do I still have to turn up on 28 Septembet, given what has been said this morning.

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  • 1 month later...

Just got back from court this morning for my bank charges claim. Abbey again sent a barrister to apply for a stay.

 

The judge was lovely. She told the barrister that she couldn't find any papers in regards to the application for the stay and he said that he was here now to make the application. She told him that it wasn't good enough and he explained that because of the volume of these cases banks left it till the last minute.

 

She said that in that case she was awarding me costs for my time and gave me the maximum £50!

 

She stayed the case though pending the outcome of the test case as she said it wouldn't be fair to rule now. I thought she was going to at first!

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  • 4 weeks later...

Well Abbey's 21 days were up last Friday to pay me my loss of earnings of £50 and yes you've guessed it nothing has appeared. I have just rang the court and they have told me to apply for a warrant of execution in order to send the bailiffs round! It will cost me £35 but I think it will be worth it!!!!!

 

Has anyone else had to do this and if so what happened?

 

Cheers

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oh yes, baliffs have been called in before, they pay up - eventually, plus they have to pay the baliffs fees, might be worth emailing Inga and Ronan together informing them that if they dont contact you by tomorrow regarding payment then you will have no option to call the baliffs as the court has advised at which time they will be liable for the further costs.

 

I bet they ignore you though, they like brinksmanship, no matter how much it costs them

 

[email protected]

[email protected]

 

put on a read receipt like message tag which give you an automatic, whether they like it or not, notification that they have opened the mail

  • Haha 1

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 11 months later...
Well I was right.

 

Abbey sent a barrister to apply for a stay. The deputy district judge said that he had just received dircetions this morning from the high up Judge in Newcastle upon Tyne informing them that all cases must be stayed until a decision has been reached in the OFT High Court case or 1 October 2008 whichever is the sooner. Then claimants have until 28 days from that date to resubmit the claim or it will be struck out.

 

 

HELP!!!!!

 

Do I have to do something before Wednesday next week when the DJ ordered that my case must be stayed until the outcome of the Test Case or 1 October whichever is the sooner?

 

I have just been letting it carry along until the outcome but have just realised that I may have until next week to resubmit everything.

 

Any help would be appreciated.

 

Ta

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Just to let you know....

 

I have just rang the courts and the guy in the office has said that he has spoken to his line manager and they will have to speak to a judge on Wednesday next week (1 Oct) to see what is happening with the stays and to get some direction and that I have to ring back then!

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