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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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Cassie v Abbey *** WON ***


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Thanks Phil

 

Appreciate your help. We'll go with what you said.

 

On another "matter":

 

there are a few people on the CAG thinking that the guy who went to court today for "compensation" is "maybe a plant by the banks".

 

I realise he's "fighting" for something totally different to us but (am I being gullible) I believe in him.

 

Sorry for digressing:p . Would just like an opinion from someone who has gone "all the way".:D

 

Cassie

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Hello Cassie

 

Frenchy has just put up a post about this particular plum, as you have probably just read, its titled 'Unbelievable'!

 

I have'nt read a lot about this particular case, but repeating what has been said before, all of our cases come down to a point in Law. The charges are unlawful, end of story. The Law will have to be changed before the banks can even think of trying to justify their extortion!!!!

 

Do you think that the present government, with all the s*** this country is in at present, have got the time to deal with minor matters like this?

 

Hope this gives you a little more confidence!

Phil:)

This is only my personal, honest opinion!

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hi cassie,

 

Im also at the same stage as you AQ posted last week I also didnt advise of a goodwill gesture but I did ring the courts that said dont worry about changing as abbey will properly take it off the amount of claim anyway, but saying that I have read some threads that people have won and abbey have given them all the money they requested and forgot about the goodwill gesture so hopefully that will happen to us to???????

 

Will let u know when i hear back from court.

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Hello Cassie

 

Frenchy has just put up a post about this particular plum, as you have probably just read, its titled 'Unbelievable'!

 

I have'nt read a lot about this particular case, but repeating what has been said before, all of our cases come down to a point in Law. The charges are unlawful, end of story. The Law will have to be changed before the banks can even think of trying to justify their extortion!!!!

 

Do you think that the present government, with all the s*** this country is in at present, have got the time to deal with minor matters like this?

 

Hope this gives you a little more confidence!

Phil:)

 

 

Yes but if I was the banks I would be seriously considering putting someone forward with a weak case that they can use to create a "precedent" to stop the flood of claims they must now be experiencing from escalating further............ If he loses at the high court then that is binding on lower courts........would probably have to be overturned at the Appeal Court........would probably halt the small claim cases. Must admit I am highly suspicious too.......................

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Hello Josie

 

The case in question, from what I understand has been offered a full refund + damages!!!!!!!

 

There is no argument, from what I understand about the charges, the argument is about the damages, and why on earth would you refuse any sort of amount of damages?!!!!!!

 

At the most, everyone on this site is just happy with 100% + interest + costs! If they were offered damages as well, no matter how much they were for, they would snatch their hand off!!!!!!!!!!!

 

This is why that particular case is looking like a bank motivated one!

 

I'm going to have to read up a little more about this case, but I don't think it will have any affect on people putting in claims for their bank charges, only the extras that people may be pushing for!

 

Phil:)

This is only my personal, honest opinion!

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Hi, got your PM. Rationale is that they deal with claims in order of hearing date which at the moment seems like about 1 week beforehand. I guess it's a either a deliberate tactic (to see who gives up) of ignoring PRELIMs, LBAs and N1, then submit a standard defence (albeit a flat denial) and an AQ which suggests they're getting ready for Court; or maybe it's a by-product of them having to prioritise.

 

So any attempt to settle beforehand is almost certainly a complete and utter waste of time (they are not ready to and moreover don't want to); and you don't need to do it to get any brownie points for use in Court (because a) it won't get that far; and b) you can damn them well enough with their ignoring of PRELIM/LBA and flat denial defence). But worse, it betrays an eagerness to settle and suggests to them an unwillingness to take it all the way.

 

You're on the moral and legal high ground - let them come to you. A bit of time pressure on them to settle at the last minute will probably also work in your favour.

 

Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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hi cassie how are you have you heard anything back from bank or court. I ran the court today that have said no AQ has been sent in from abbey and i should receive a letter from them this week so fingers crossed it will be over soon

 

do you know how everybody else is getting on at same stage as us?

i think there is 5 or 6 of us that filled in AQ within few days of eachother

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Hi All

 

We're all in the same boat (hopefully not sinking:D ).

 

No, I haven't heard anything either - still waiting.

 

I know what you mean about the postman - I've even started running out to greet him:) :D

 

Good luck to all - we must keep posting as there are quite a few of us at this stage - I've read so many threads I keep having to re-read to remember who's doing what:rolleyes: This site has got to me, think I'm rambling now:eek:

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hi lady E good to hear from u so your at same stage to then its so good that there is few of us at same stage as we can all help eachother without some of the help these people have given me i would have given up long ago.

 

keep me updated on my thread

 

take care

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Don't know if anyone agrees but I seem to be "congratulating" quite a few people at the moment.

 

Are they capitulating (think that's the right word:cool: ) at an earlier stage or am I just being optimistic?

 

Maybe I'm still asleep and dreaming:D

 

Where's that bl**dy postman...............

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Well, there's lots of congratulations threads, but they don't seem to be giving in any earlier or easier.

 

PS

 

It's 6 o'clock in the evening not the morning, so the postman's having his tea!

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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Hi Charley

 

Think I'm loosing the plot:D

 

One minute can't wait for the feeling of "winning" :D the next dreading the feeling of being the one who goes all the way to court and messes up for everyone:(

 

I knew from the beginning that it was a serious business taking a "bank" to court and I didn't start the procedure lightly and without a lot of thought, but at 3 0'clock in the morning things don't seem so "bright". (I know it's not 3 o'clock now:cool: ) but still feeling a bit low. I think it's the waiting - not knowing which way they will go now. As all of us are getting wiser I can't help but think they may come up with something else as well - just to make life a little bit more difficult for us:evil:

 

Anyway, enough doom and gloom:D onwards and upwards.

 

Let me know if you have any news.

 

Cassie

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Cassie - we all feel like that, but I honestly believe that is what Shabbey want us to feel like , so we will give up the fight!! I too am scared of messing up but hope with the help of this site that it wont happen , and if it does, some kind would will tell me how to get help . Looking at the success that Mad Nick and others are achieveing , we are not far behind.

 

Think positive, Think money, Think settlement = WINNING

 

Good Luck

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Morning Cassie,

 

Keep looking on the brightside, its nearly over now. As you get closer to the end of your claim it seems everyone is getting theirs sorted out before you, sorry it will probably seem more like that over the next little while as well.

 

I think people notice what stages people are reaching when they are there or thareabouts themselves. Also the increase in members on the site would also mean an increase in Wins so bound to be more to notice. (That seems way to logical for me at this time in the morning ;) )

 

As for going to court, no guarantees but its a pretty safe bet, It Won't Be You!!!

 

Will be keeping my fingres crossed for a swift resolution for you.

 

Regards

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

[

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Well, still no news. My AQ went in on 11th April. Think I'm on same timescale as Lady E, Charley and a few others. Any news guys.........?

 

Had a phone call at work yesterday from an Abbey girl (didn't catch her name) asking me why there wasn't any money going into my account (I opened another account when I started this). I have an O/D limit of 1100 and I'm over 900 into it.

She asked me to make a payment there and then - I got quite flustered - I work in an open plan office and she was being very arrogant. I've already had a letter from them saying my O/D facility will be withdrawn on 1st June. Can they chase me for this money? as I see it, they owe me over £5K, when they pay me I will be in a position to pay them.

Feeling really shakey - any advice VERY welcome.

 

Cassie

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Hi Cassie,

 

I've heard nothing from the court but the plan is to give them a ring today, which is two weeks since I filed. I've had similar snotty phone calls (fortunately not at work ), so I've sent them the "Account in Dispute" letter from the templates, and heard nothing since

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, still no news. My AQ went in on 11th April. Think I'm on same timescale as Lady E, Charley and a few others. Any news guys.........?

 

My AQ went in also on the 11th April, I am just waiting on the judge to give directions now, it's been with him for over a week now so hopefully any day now I will get a letter from the court advising what he want's me to do.

 

Have you called the court to find out what's happening with you claim Cassie?

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Hi Marie

 

No, I haven't done anything since I handed in my AQ.

 

Should I be doing something.................. apart from having sleepless nights:( ,screaming:D and drinking myself into a stupor (not really;-) ).

 

Let me know if you have any news.

 

Cassie

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