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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 
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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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d1 v abbey ***WON***


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not counting my chickens yet, but looks like abbey are gna pay up. got a letter today, they say they will be sending a check, they say they are informing the court that they are settling the matter in full and asking the court to withdraw the claim from the hearing list. also asking that once i recieve payment could i inform the court that i with draw my claim, and provide them with a copy of the letter. the only thing is that court is on wednesday and the earliest possible time the check could clear if i got it soon enough is wednesday, wot action should i take?

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Hi there and glad to hear you are getting somewhere now, what i would do is still go to court but explain that you havent had your settlement yet that they offered and ask if the case coud be put forward so as to allow this to be paid before dropping the case.

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Yes i think you are right d1. You could ask for a stay of 14days pending payment. Personally, I'd only give abbey 7 days as it shouldn't take them that long to send the payment. I would also contact abbey and inform them that you intend to turn up in court as you still have not received payment. Do you still have an acc with Abbey? if so, double check that they haven't either presented the cheque or transferred the funds into that acc. When abbey finally settled with me, it was agreed that it would be by cheque, i assumed that they'd send it to me but as it turned out, they paid the cheque into my acc so they could make themselves more £ at my expense. And by the way, if the cheque is in your acc, you don't have to wait the full 5-7 days before it clears, i got mine within 2 days. lets face it, its not as if it will bounce is it?

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i do still have an account with abbey, but i closed the one that i am claiming on, do u think its possible that they could pay it into one im not claiming on?

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personally, yes! i think they could. Not sure if there are any rules meant to prevent this but even there were, it wouldn't be the first time the banks have ignored the law would it? Did you contact them? what did they say?

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ok, so i have checked this other acc i have and it is not in thier, so i turn up for allocation 2mora and present the letter abbey sent me sayin that they are payin up and see wot he sais?

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n1 pet cat, didnt get to read that b 4 i went, but thx anyway i got on fine. it was a piece of cake. was jus wondering if any one could help!

 

the judge has given a 1 mnth stay to give abbey a chance to pay, it has bin over a wk now since abbey said that they were gna pay. does it normally take this long, should i get in contact with abbey?

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Hi D1.I settled with inga on thursday and was told it can take 7-10 days for the money to clear in my(old) account.I told her i would check this friday.I would phone the solicitors direct if i were you ask for a date when you can draw it out.Ingas tel no is 0207756 4332,but shes back tomorrow. try her colleague ronan coyle on 02077564306 or louise jacobs same number.WEll done by the way what great news . when you get the cash PM a mod and let them have the details(also they can change your title to WON) best wishes for the future, petcat.

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well thats what i thought but apparently its open for paying in due to the overdraft.They tell me i must take ID into the local branch to withdraw the extra as i sent my cards back when i tried to close the acct in December!!

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recieved and paid in check today yeppee, not getting to exited untill it clears, although im sure it will.

 

got hsbc claim in process, and am gna start my credit cards, is it exactly the same methods for credit cards, or are thier some different approches when dealing with credit cards.

 

all help much appreciated, thank you.

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  • 2 weeks later...

Hi Dicky and congratultions, just write a letter giving your details and case reference number and tell them that shAbbey have settled this claim and could they please close the case :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Brookecrest You need to start your own thread in the abbey forum and keep all your posts requesting help in there, keep it updated as your claim progresses.

 

REJECTION LETTERS HERE

 

All the information is here, you need to look at the FAQs on the front page and familarise yourself with the procedures, and what is expected of you.

 

Start you new thread by clicking HERE

 

Good luck

:madgrin:

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