Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • 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
        • Like

clarion48 vs Abbey ****WON****


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6091 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

Hope this thread is not to late.

 

Sorry to read about your problems. But unless I am mistaken a contract can not be enforceable if their is imbalance within it and the fees are only suppose to cover the admin so anything over that is unfair and so unenforceable?

 

On the OFT web site, under PN09/00 3 February 2000.

 

Court says First National Bank used unfair contract term. (First National ,a subsidiary of Abbey National).

 

To type this all out would take 1 finger wonder here hours.

 

But the court of appeal ruled that first National Bank was acting unfairly in the way it charged debtors.

 

In the notes 'The Office took action under the Unfair Terms in Consumer Contracts Regulations' these are the same rules we are working under so the banks know their charges are unfair.

 

Also in a paper 68/06 5 April 2006

HEADING; Current credit card default charges unfair.

 

There is plenty of information in this paper. But the one I liked is where they said that, in paragraph 3, " A Default charge is not fair simply because it is below 12." (12= £12)

 

They have to justify their charge if they cannot they have to refund the full amount.

 

I also have tapes of radio programs that have been on BBC and ITV and on the Money Program, 12th December 2006, 10pm.

 

"The Ombudsman staff were happy for customers to accept Banks offers but no longer. Last Month the Ombudsman told the banks to prove their penalties were legal or pay their customers claims in full."

 

Walter Merrick's (Chief Financial Ombudsman) said that...

 

"What I've said to the Banks is I do need them to help me resolve these complaints by either offering to refund 100% of the charges that people are claiming, or if they are not prepared to do that and they want to argue the point then I have to start down the road and investigate myself."

 

You maybe able to write to the BBC to try and obtain a copy of the transcript of the program and use some of the quotes from the program.

Their were some very interesting people on the program, including a Barrister!

 

Stick to your guns and get enough information as possible form this site.

Also just looking through my file I have found some info that was sent to me from some working on behalf of the CAB.

 

Headed; Penalty Charges on Credit Cards and Current Accounts.

 

St Austell CAB outline the law relating to bank charges and how these might be challenged when excessive.

 

It was under Quarterly Account issue no. 78 Winter 2005/2006.

 

Hope this helps and that anybody else who has info for you can post helpful address.

 

Please remember we have all struggled against the Banks. But their are great people who have helped us on this site. They have been invaluable and gave us strength.

 

This money is legally yours, and be as strong as you can.

 

Good luck from 'The Grim Reaper' (the Banks boggyman)

Link to post
Share on other sites

  • Replies 426
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Postie just arrived........guess what?......a letter from Abbey.

 

They have decided in view of their cost in defending this claim.....and without admission of any liability......to settle my claim in full.....somebody please hold me up......think I'm going faint!!!

 

Cheque is on its way...yippee!!!!!!!!

Link to post
Share on other sites

CONGRATULATIONS!!!

:D

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.

Link to post
Share on other sites

CONGRATULATIONS!!!! Thats fantastic news that they are settling in full and about time!

 

Have just been reading through your thread and looking forward to hearing the outcome.....then there was your exciting news! SO PLEASED FOR YOU !!!

 

I have just filed N1 on 15/6, deemed to be served 20/6 and Abbey have until 4th July to reply so just playing the waiting game myself now and hoping for a successful outcome such as yours.

 

WELL DONE ON RECOVERING YOUR MONEY.....BRILLIANT :lol:

Link to post
Share on other sites

Thanks to you all......I am elated at the moment!! Just phoned my sister to tell her....it's PARTY TIME!!

 

No, MJ, no cheque in the envelope.....they said it is being raised and will be sent to me.

 

CF........did this three-legged horse win?!

Link to post
Share on other sites

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.

Link to post
Share on other sites

Thanks so much to all of you who have been a tremendous support..... Bonnie, CF, Robdblynd, Kia, Cassie, Icy, Villafan, Foxy, GaryH, Lateralus, Andy etc, etc and to name just a few......sorry if I missed anyone out. You have all been brilliant and I definitely could not have done it without you.

 

A brief rest while I'm waiting for the Information Commissioner to kick Abbey's b**t and give me my credit card statements....then I'm off again!

Will of course still be around gathering info, and helping anyone else who needs it.

 

CHEERS!!!!!!!!!!!!!!!!!!! xx

Link to post
Share on other sites

WELL DONE YOU!!!

FANTASTIC NEWS! - Thought it was you I heard screaming from the rooftops this morning lol x

 

So pleased for you - best of luck in the future

 

Jo xxx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

Thanks Traci.......I'm absolutely elated.......so what I needed today. Will be home late tonight but hope to catch you "somewhere" then.

 

Jo......thanks for your good wishes. Yes, it probably was me shouting from the rooftops! All the very best to you too.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...