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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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Fendy - v- Abbey ***WON***


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LOL Fendy, I know how you feel, don't these people know that we just don't do patience? In my case I am awaiting the results of a hearing that was being held this morning, the op has not come back and posted the outcome, probably gone off on a jolly. :mad::D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Need help filling in the MCOL form please.

 

On the page asking for the defendants details, what address for abbey has everyone else used & is the defendants organisation name just Abbey National PLC?

 

Thanks, any help would be great :p

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So sorry, not been on Abbey forum for a good week so didnt see you asking for help. Sorry, did you manage to find what you need for POC ????

 

Back to my own thread as such. Well tomorrow the final day for Shabby to respond to my LBA. No word as of today, one day to go, so if no word tomorow, then its MCOL for me too next week. I wont hold back or give them a day longer than I have to. Im going for it. The B*gger of it is, Ive just spent £400 quid already this month submitting my MCOL against Natwest and the whole thing is getting so expensive. Grrrrrrrrrrr. Fendy xxx But if no reply on Monday, MCOL it is against Abbey. Absolutely. Good job its pay day 30th March. Not far to go till solvent again. Lol. xxxx

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On account of got waylaid yesterday with work, and today pooter is acting up, keeps disconnecting from net, must get it sorted, then its delayed me by a couple of days. But first thing tomorrow, because I havent heard diddly from Shabby after my LBA on 12th March, then Im filing MCOL. Just a bit miffed about the cost of it though. Already spent £400 filing MCOL against Natwest on 5th March. God Im so skint at mo. Roll on pay day....................... And no I dont believe in credit cards. So wont get one to pay for on tick so to speak. Lol. xxxxxxxxx Will pay cold hard cash, and ensure I reap it back when I win. HOWS THAT FOR CONFIDENCE................ WHEN I WIN, NOT IF, BUT WHEN WHEN WHEN. HA HA HA HA !!!! MCOL TOMORROW FIRST THING. Heck at this rate I will be standing up in court with banks two weeks apart. Oh well, at least might get to be on first name terms with judge after first claim and he/she will know Im serious if theyve seen me there before for same thing. Lol. Fendy xxxxxxxxxxxx But I doubt very very very much indeed that I will have to see the inside of a court room. Possible I know, for which Im very prepared for if it happens, but I do think its very unlikely. Lol. Fendy. xxxxx Will keep ya posted.

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Because my claim with Natwest is for 11.7K charges alone, but with 8% interest its 15.7K, plus £400 court fee, plus interest accruing at 3.35 per day thereafter. Its a biggie. I didnt want to pleased poverty to the court, so paid the £400 squid for the claim out of my little nest egg in the hope that Im gonna get every bean back. Lol. Fendy xxxx No comments please on how bad I have been with money. BELIEVE ME, I KNOW. xxx

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On account of got waylaid yesterday with work, and today pooter is acting up, keeps disconnecting from net, must get it sorted, then its delayed me by a couple of days. But first thing tomorrow, because I havent heard diddly from Shabby after my LBA on 12th March, then Im filing MCOL. Just a bit miffed about the cost of it though. Already spent £400 filing MCOL against Natwest on 5th March. God Im so skint at mo. Roll on pay day....................... And no I dont believe in credit cards. So wont get one to pay for on tick so to speak. Lol. xxxxxxxxx Will pay cold hard cash, and ensure I reap it back when I win. HOWS THAT FOR CONFIDENCE................ WHEN I WIN, NOT IF, BUT WHEN WHEN WHEN. HA HA HA HA !!!! MCOL TOMORROW FIRST THING. Heck at this rate I will be standing up in court with banks two weeks apart. Oh well, at least might get to be on first name terms with judge after first claim and he/she will know Im serious if theyve seen me there before for same thing. Lol. Fendy xxxxxxxxxxxx But I doubt very very very much indeed that I will have to see the inside of a court room. Possible I know, for which Im very prepared for if it happens, but I do think its very unlikely. Lol. Fendy. xxxxx Will keep ya posted.

 

 

 

Need some advice please, due to file my MCOL against Abbey on Saturday. Have heard i can claim back costs to myself e.g. postage (all letters sent via next day recorded delivery at £4.10 a time), how do i go about that?

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This is at the discretion of the judge later on, but it goes like this. When you file your MCOL you put in the charges, the interest, and court costs for filing MCOL, that give you the total. But when you send your spreadsheet in with charges on to the court, because once you file MCOL, you then need to send a copy of your spreadsheet to them in Northampton and ask them to file it with your claim. On mine, I made a note on there of charges to date incurred, i.e. stamps, work on this, etc. etc. which to be honest, is building up with time.

 

So once it gets to the point of AQ, and then the real negotiation usually start with the banks, that when they sit up and take notice and actually believe you when you say you will see them in court, thats when the offers usually start coming through. At that point, I would do them a letter saying you want your charge, plus interest, plus court costs, plus work undertaken for your claim to date, I believe you can charge up to £9.50 per hour for work undertaken in preparation of your case, which is perfectly legitimate, but obviously you can not take the p*ss on this, it has to be genuine work you have put in, and when you win, its up to the judge whether or not he awards you these costs. A lot of people have been awarded their costs if they are reasonable, but not stupidly exaggerated. Keep the costs honest, and keep spreadsheet of them, so judge can see them at any point, i.e. full breakdown, with special delivery slips/receipts clipped to the sheet, so they know all costs incurred are genuine. And just go for it. But it is up to the judge whether or not he awards these. Chances are good though. Im keeping copies of all my costs, honestly, not trumped up, and Im hoping mine will be settled at the end. No harm in trying anyway.

 

Best of Luck. Fendyxxx

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Just thought I would add, have just logged into MCOL and filed my claim against Abbey. Second one in three weeks. Natwest on other thread is first one but for much more than this little one. Lol. xxx

 

Anyhow, I just wanted to reinforce the beauty of using MCOL. Im sat at home, laptop on knee, watching film in between posts, and the great thing is I do it all from the comfort of my own squishy sofa, relaxing in my conservatory watching tv, and MCOL are open. No rushing about to catch them during opening hours. Perfect, all done online in about ten minutes. How peasy is that............ MCOL rocks. Its just so easy and convenient for those who work full time, odd hours, etc. etc. Theyre never closed. BRILLIANT. Fendy xxxxxxxx CLAIM STARTED. And its so nice cos I can add the 8% now............. Yippee, 5.7, no, 5.8 including court fee, heading my way in the next couple of months-ish. Yippee, something to look forward to. Fendy xxxxx

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OK received letter this morning from Shabby, basically saying after investigating my claims about unfair charges etc. etc. they find that everything has been charged in accordance with their terms and conditions blah blah blah blah blah,,,,,,basically they appreciate I wont be happy with the reply but that they wont be refunding ANY of my charges blah blah blah. They say based on the fact they have refunded charges to me before, (on 3 occasions the refunded my £30 charges, total of £90) and they feel they have already given me enough goodwill refunds in the past. 3. wow.

 

Needless to say I started my claim against through MCOL anyway last Tuesday 26th March, so basically I can just ignore this bog standard letter. Made me laugh though. Final paragraph says, "to avoid charges in future, please ensure there is enough money in your account to cover direct debits and other payments made". I would also check your balance regularly through an abbey cash machine, online and through calling telephone banking."

 

It makes me laugh because this account was closed in 2005, just goes to show they investigate nothing.................. thats my proof. Because its an old closed account anyway, no longer in operation. Ha. Nutters............ wot they on, and can I have some please........ Fendy xx

 

CLAIM FORGING AHEAD. Waiting for their acknowledgement of MCOL now.

 

Fendy xxxxx

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  • 2 weeks later...

OK today, what a day, received defence from Cobbetts on my Natwest claim for 15.7K but thats in the Natwest forum.

 

Back to this thread........

 

Received letter today from Abbey basically saying, they acknowledge Im in the process of claiming, have filed at court etc. (Oh yes, received Acknowledgement of Service today too from Abbey stating they will defend, SURPRISE SURPRISE, NOT..) but that they need further info from me regarding my claim, i.e. account number, name, list of charges etc. Ive already sent this twice to them by recorded and once through MCOL and once again to them when I filed MCOL, but will send another copy first class recorded to them tomorrow. Thats that really. Just waiting for defence now from them through court. They have until 30th April to submit full defence through court. So just counting the days now......... So far the Natwest one has been a bit more involved and complicated, but not daunted at all. Will take it right to court and stand there and plead my case if I have to. ONLY WANT WHATS RIGHTFULLY MINE BACK. NO MORE, NO LESS................... Tally Ho, watch them legals run. Lol Lol Lol Lol. Fendy xxxxxxxxxxxxxxxxxxxxx

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OK today, what a day, received defence from Cobbetts on my Natwest claim for 15.7K but thats in the Natwest forum.

 

Back to this thread........

 

Received letter today from Abbey basically saying, they acknowledge Im in the process of claiming, have filed at court etc. (Oh yes, received Acknowledgement of Service today too from Abbey stating they will defend, SURPRISE SURPRISE, NOT..) but that they need further info from me regarding my claim, i.e. account number, name, list of charges etc. Ive already sent this twice to them by recorded and once through MCOL and once again to them when I filed MCOL, but will send another copy first class recorded to them tomorrow. Thats that really. Just waiting for defence now from them through court. They have until 30th April to submit full defence through court. So just counting the days now......... So far the Natwest one has been a bit more involved and complicated, but not daunted at all. Will take it right to court and stand there and plead my case if I have to. ONLY WANT WHATS RIGHTFULLY MINE BACK. NO MORE, NO LESS................... Tally Ho, watch them legals run. Lol Lol Lol Lol. Fendy xxxxxxxxxxxxxxxxxxxxx

 

Go girl go.:D This really becomes the norm, :cool: and they don't realise that we are well ready for the fight.:p

 

I am after the shabby and a few other financial institutes that robbed me of my hard earned cash

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 2 weeks later...

WOW!! Fendyweather, your threads ROCK!!

 

I have just recently come across them & they make such int-err-esting reading!!!

 

I thought my claim to woolwich/barclays was big at £6,800, but whoo-hooh your Nat west one is AMAZING DUDE!!!

 

Actually my total is quite impressive with all the banks/credit cards I'm going after so far:

 

Woolwich/Barclays £6800

Joint Barclays £4400

Joint Woolwich/Barclays £2900

Capital One £901

Barclaycard £556

Old Barclays £215

 

Total so far £15,772

 

ANNNNNNNNNNNNND, thats without Husbands, barclaycard, halifax Credit card, My GE Capital (very interesting thread on here!), an old LLoyds & Old Midland bank accounts of mine from about 14 years ago.

 

Phew!

 

Its started to take up soooooooooo much time. However, very, very worth it.

 

You have soooo many posts on your Nat west claim I wonder if you could briefly say where you are up to as I cant quite make it out!!!!

 

Keep up the good work!!

 

Best,

Electric lemon:D

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Hi y'all,

 

Just thought I would pop in. Poor Abbey thread, it tends to get a little neglected because the Nutty West one is taking up so much of my time at the mo, its such an involved one.

 

Re: Electric Lemons Post above. On Natwest claim Im up to:

 

Have filed court claim on 5th March

Received full defence (basically rubbish)

Court has directed there be a phone conference on 5th June to decide directions for the case i.e. track etc. Cobblers keep sending me stupid letters trying to bully and intimidate, but Im having none of it. Im turning up for that there phone conference, and told the Cobbetts to get it organised. So just at the waiting stage on Nutty West at the moment.

 

NOW BACK TO THIS ONE: Received full copy of Abbeys defence this morning. 3 pages worth, Lol. Standard stuff, they deny, blah blah blah, fees are for going overdrawn as per their terms and conditions blah blah blah, all standard defence stuff. But as I received this direct from Mr Arandale, Ive got to wait to receive the one from court, probs with AQ, unless they do like theyve done with my Nutty West Claim, and dispense with the AQ. Um,,,,,,,,,,,, boring, all this waiting. But I have to say, Im more impressed with the Abbeys defence so far, i.e. they had 4 days to spare before defence arrived. Whereas with Cobblers for Nutty West, they left it right to the very last day to submit defence in time. Bugger, typical.

 

Anyways peepies, thank you so much for all the continued encouragement. As soon as the Nutty West one is all over I shall move my long boring daily posts to the Abbey forum. But for now because Im doing so much posting on all threads my fingers are tired and I stick to the Natwest one for posting most info purely because thats the furthest one on in the game so far........................

 

But all help and encouragement is very greatly appreciated and received. I will pop back when defence arrives through court, with whatever directions with it, or AQ, or poss no AQ. Lol. My local court Keighley, seem hugely in favour of dispensing with AQ's at the moment. So the lovely court clerk told me. Lol xxxx

 

Sees ya.

 

And yaaaaaaaaaaaaay Electric Lemon, cripes thats a lot of money to be claiming on all those cards/accounts. Lol Lol. I thought I was bad. Lol xxxxx

 

Although my Natwest one is huge. 16K. Lol xxxxx

 

But once Natwest and Abbey claim are over with, Im going after both of them again for charges older than 6 years. Confidence is building with this thing by the day. Lol xxx All thanks to CAG and the brilliant people and advice and help given on here. I couldnt do it without ya all. Thanks. xxx

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Just wondered,,,,,,, received defence from Abbey on Saturday 28th April, and they had until 30th April to submit defence at court. Its 1st May and I havent yet received the defence from court. Only direct from Abbey solicitors. Can I go for judgement tomorrow if the defence doesnt come through from the court ??? Or reading up on the threads in the natwest, would it serve me best to wait a bit longer for them to submit, even though deadline was 30th. Could it be theyve sent defence to me, but forgotten to submit it to court, hence I could go for judgement tomorrow ??? Thoughts please anybody whose been there and done that already ??? Fendy xx

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Fendy, I would give them a week extra, but right the court and see if they have submitted, it just delays matters if they go for the set aside (and they will get it), so a little extra time, could save weeks in the long run, of course, they may just settle ;)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Ok, I thought as much. The last thing I want is a set aside. So will give em another week. I did think that was the best thing to do but nice to have it confirmed........... will write to court tomorrow and ask if they have had defence yet ?? But give em another week to ten days to see if they get defence in. Thanks a bunch, much appreciated. Fendy xx

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Fendy,

 

A TWO-LINE POST:eek: What's wrong? Are you poorly? Can't you type??

 

:):p

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Well for once, Mr. Charley Farley, I actually dont have much to say. Lol. Not much happening really. Other than summer of course which is utterly amazing................ Lol :) God lifes good isnt it. xxxx

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I have another thread running in the NatWest so I am something of a voyeur of your escapades with the dogs,the postie, and the ribena:) and the huge daily epistles:D

 

Agreed about the weather...............life's been tough this week though 'cos I've had to work. I was in Newquay on business on Monday and yesterday was N.Cornwall. The best thing apart from the weather down here at this time of year is there's no hordes of grockles swarming all over the place;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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This tread is amazing. I can't believe you have admitted. "I don't actually have much to say. " The abbey Fendy is certainly diffo to the Nasty West Fendy. :) You obviously have not unleashed yourself on the abbey caggers yet. Be warned abbey

caggers your time is approaching. ;) Byeeeeeeeeeee Fends.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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