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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Cookie Monster v Abbey **WON**


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Hi, I'm so happy to be able to say in my first post that I've beaten Abbey!

 

Last year I decided to help my brother reclaim almost four years worth of bank charges as I was sick of seeing the bank take so much of his money every month. After we reported Abbey to the Information Commissioner's Office for breaching the Data Protection Act regarding the SAR, we received all of his statements and started reclaiming in December. At first, they offered £530 as a gesture of goodwill; this was paid straight into my bro's account, so we took this off the initial total of £1,900. After all the usual letters, we had to reclaim the remainder plus 8% interest through the court.

 

Over the last few months we've gone through most of the court process, doing as much as we could at each stage to make things difficult for the bank. For instance, we followed the advice in the 'New strategy for AQ' thread and sent the draft directions off with the Allocation Questionnaire. The judge used some of them and this brought the deadlines forward slightly. We were given a court date of 18th April 07, plus instructions to send a schedule of charges & supporting bank statements to the court and Abbey within two weeks of the order. The bank was given two weeks to respond to that information. So I posted the statements off, along with the court bundles, within a week of receiving the order. Two days later (nearly FOUR WEEKS before the court date), my brother received a letter from Abbey offering to settle the claim in full, that is all of the charges (£1,370), interest as claimed (£223.56), additional interest that had accrued since the date of claim (£15.67), plus court fees (£220). :-D

 

I couldn't believe it! I honestly thought they wouldn't pay up until the day before the hearing. I'm sure those directions are the reason why we've been successful so soon. The bank obviously knew it wasn't able to comply with them, especially within the given timescale, and just gave up. So thank you to GaryH and everyone else who posted details about them, otherwise I'd probably still be waiting now.

 

I've only just posted this message as the money didn't clear until today. Abbey waited six days before paying the 'cheque' in and it took until today to clear. They've even written again to remind us to cancel the claim with the court. Ha! As if we would do that before they paid up! I'm so glad it's over as I can stop worrying now and my bro can pay off his overdrafts and hopefully get out of debt. I'm going to donate now, as there's no way I could have gone through the whole process without this site. So thank you to everyone who has posted on the CAG - not only were the threads informative but they really fired me up! Now, I think some-one owes me a drink... ;)

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I would say that he owes you more than a few, very many congratulations, envigorating and empowering isnt it :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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