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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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40bear v Abbey ** SETTLED IN FULL **


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Hi, I have just read an article in local paper about guy getting charges back from Nationwide which spurred me to join this site. Fortunately, I am a sado who has ALL my statements dating back to 2002 and from that I have calculated charges totalling £875.20. I have sent my first letter to Abbey requesting repayment of charges from 2002 using the template in library. I will wait patiently for 14 days....wot do you think my chances are?

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Please can you post to this thread - I have moved your post as you had posted within another users thread. It makes it a great deal easier if cases are kept apart.

 

All the best with your claim - you seem to know what you are doing. Keep us posted of progress.

 

 

 

 

 

 

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  • 2 weeks later...
:D :D An update. LBA (2nd letter) being sent tomorrow as only received standard letter from Mr Turbitt. Provisionally calculated £1396 owed from 2001 to date. Getting quite excited now!:p
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keep us posted :D

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Update - received 3 copies of same shabbey letter from Marc Winder - Milton Keynes!!! Received letter from Lesley Budge - Milton Keynes usual fob off if I wasn't happy with terms should have said so etc etc. Interesting that she points out the OFT reported unfair charges are in relation to credit card defaults and NOT overdraft!! Basically,Lesley Budge aint budging ha, had. LBA was sent to Anthony Turbitt - Bradford on 3/6/06 have til 17th then will be looking for help processing my claim. I won't respond to their letters and will stick to my timetable.:rolleyes:

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Right I am preparing my moneyclaim as today is the 14th day after LBA and usual flow of standard letters from Abbey. Just a few questions (and yes, I have studied the FAQ & forum!!)

I am coping the template claim (from experience will this fit into the box online?)

My husband & I are both defendants so is this still an individual claim?

The total cost of charges applied. Is this the total of penalty charges and general interest on account? i.e. add both excel total columns?

Sorry - like everyone else want to get it right!

Thanks v much (your share of my refund is on it'sway!!!);)

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Processed Claim No 6BE01522 at Bedford County Court served on 22/6/06 to Abbey for £1470.08 includes £120 court fee. Have just received statement with another £265 of penalty charges which I will be adding to this claim. Successfully opened a Barclays account and transferring all business over.

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  • 2 weeks later...

Received acknowledgement of claim from Piper Rudnick Gray Cary....usual blurb. Para 2 .."you have claimed the sum of.....,but provided not details as to how this sum has been calculated. You have also claimed a further.....by way of interest..." Para 3 "...you will need to produce evidence to the court of both amounts and this information should have been supplied by you when you filed your claim. We should be grateful if you would provide such details to us...."

???? Do I send them a copy of my Excel spreadsheet of charges.

???? Should I have submitted the spreadsheet with my claim. Thanks for your help.:confused:

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Thanks for quick response. Can I also inform DLA & court of the additional £295 of charges which came after I submitted my claim? I have included this amount recently on my spreadsheet but details came after my calculation to Abbey via Court. A moderator did suggest that I ask for this additional amount to be considered should I receive an offer.

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Hi, received an acknowledgement from Abbey confirming they are defending claim. Also, posted off my breakdown of charges to their solicitors. Have closed Abbey account and they are requesting full payment of outstanding charges of £1600. Can I withold payment pending outcome of claim? We don't have the money to pay them anyway so can installments be negotiated?

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Thanks for that, had already decided NOT to pay up!! as have read through your blog and others in similar position. Have you seen article in Daily Mail today p45 'Bank charge refunds are put on ice by the courts'. Looks like any new claims could be squashed......get in there quick is my advice to others!!!:)

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:D Received 50% offer from DLA. My claim was £1470.08 in total. They have offered £629.94, plus interest £45.10, Court Fees £120 and quoted their final offer as £1424.00. HOWEVER!!!!! IS THIS A MISTAKE????? Although there are £295 additional charges since I filed my claim that I was going to ask for. If they have added up their 50% offer incorrectly are they still legally bound to give me the amount stated in their letter. Also in their defence No.7 they state "The claimant has failed to provide particulars of the dates and amounts debited to the account...." I did sent the spreadsheet to DLA and the Court so that's a load of B******. Appreciate your help.;)
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DLA have clearly recognised their offer was incorrectly calculated and are prepapred to offer the usual 50% of my claim. Emailing back to them to sau 100% or c u in court!:lol:

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No haven't sent AQ back - should I have done???? Will check through what next stage is......possibly they will offer me the full amount having read through the FAQs.....:smile:

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  • 2 weeks later...
  • 1 month later...
  • 1 month later...

Receiving correspondence from Allen Betts now stating their Abbey intend to register default information. I telephoned Debt Management to confirm we had written back twice and surprise they say they have no record of our correspondence (one of which was an email!!!) They also were totally unaware of the outstanding claim against them. Any advice???? :?

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Thanks, already told them and the "not very helpful Abbey person":D didn't seem to care! More interested in telling me that "I need to make arrangements to pay off the outstanding overdraft" - I don't think so!!!!!

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Ho,, ho it's off to court we go. Got a date for 15/11/06 at Bedford County Court at 2pm (anyone free to support????) Also attached was a letter stating briefly "that the court has identified a number of cases and considering allocation to track...will be listing cases involving the same lending institution at the same time so one rep can attend"!!!! Interesting.....also.... separate letter saying having have changed solicitor and Abbey will be acting in person.....anyone else know about this.....time to prepare case. Any guidance on my blurb to ensure a WIN!!:grin:

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"District Judge Wilding has decided that a hearing is necessary before a final decision of allocation can be made.....court needs to identify whether case is suitable for fast track" Notice of Allocation or Listing Hearing so not sure what is expected!!

2pm on 15th November

at Bedford County Court,29 Goldington Road, Bedford MK40 3NN

close to Bedford Blues Rugby Club

very easy to find and a car park opposite!!!

ALL WELCOME to Durcan vs Abbey

:lol: :lol: :lol:

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Please click the "Report " link

 

at the bottom of one of the posts.

 

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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