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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
      • 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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GuidoT v Abbey (LP) - *** WON ***


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Picked up a claim from a friend a week before their full hearing, however for ease I will use the first person to describe matters on this thread.

 

It is a business claim for £2K.

 

Not followed procedure on this site, critically did not use the word penalty in the POCs.

 

Hearing in February 2007, Abbey's counsel turned up ready to defend and shot the claim to pieces.

 

Fortunately had a sympathetic judge and he allowed amended POC per this site and re-listed for a hearing on the in May 2007.

 

Basically he allowed a re-start and ordered I pay £65 of costs.

 

This is a fortunate example and shows that if you are not prepared the banks will take the matter to trial.

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Have an order which requests (I am fine with the remainder):

 

'Each party must send to the other and file at the court copies of all documents and witness statement upon which it may wish to rely by xx'.

There are no other directions in the order relating to the hearing, save the date.

I have not prepared a bundle before, but know where some of the links are.

Can someone please tell me if the link below can be adapted to form essentially the witness statement?

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194

Or maybe this one?

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html#post479225

Even though not directly requested is this case summary required?

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html#post479223

I feel a little lost regarding just what to produce, some help please.

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Im pretty certain karnevil has a link to a draft witness statement,

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Im pretty certain karnevil has a link to a draft witness statement,

 

HTH

 

Glenn

 

Guido - Glenn is spoton search for Karnevil's posts and look at the footer of her posts - a bunch of links...

 

Z

[sIGPIC][/sIGPIC]

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This is a fortunate example and shows that if you are not prepared the banks will take the matter to trial.

Could'nt agree more.

 

Re. the witness statement, use Karne's example as a base, with the cronological sequance of events, etc, and also add some of the paragraphs from the second (pre-estimate) statement of evidence to beef it up a bit on the evidence side of it.

 

No need for a case summery.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Not the same claim (I will start a new thread eventually) but is this still the current SAR address?

Regulatory Compliance

Abbey National Plc

Abbey House

201 Grafton Gate East

Milton Keynes

MK9 1AN

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Someone clicked on one of my posts above and asked what POC is the acronym for. It is Particulars on Claim.

 

By deduction I presume it was Zubo. MB, GH and Glenn UK ought to know the answer.;)

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Someone clicked on one of my posts above and asked what POC is the acronym for. It is Particulars on Claim.

 

By deduction I presume it was Zubo. MB, GH and Glenn UK ought to know the answer.;)

 

not guilty your honour....

 

maybe I asked in a pm what THE POC was... but can't remember.... old age - its a bugger....

 

Z

[sIGPIC][/sIGPIC]

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  • 2 weeks later...

Hi Karne - Yes good, but surprising given what a mess originally.

 

Hi Julesvern

You may have missed this from my post 1.

'Fortunately had a sympathetic judge and he allowed amended POC per this site and re-listed for a hearing on the in May 2007.'

Originally incorrect POCs were used, i.e. not from this site.

POCs from this site are of course fine, albeit they do not use the word penalty, but they use similar words.

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Hello Guido

 

Any negotiations or phone calls involved, or did they just write to you asking if you if you'd accept their offer?

 

Was the settlement in full + costs?

 

Phil:)

PS. You did'nt used to work for Inflite at Stansted Airport did you?

This is only my personal, honest opinion!

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Thank you irishrose, I never charge, I just get them to donate here, that is enough for me.

 

I sometimes get them to pay me the donation, that way I know for definite the donation will be made.

 

As I have been away for a week, I will have a quick look at your Lloyds thread.

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