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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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Abby Vs Abbey


Abby
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I requested details of all my charges on 14/5/06. After reading all the other threads I do not hold out much hope for receiving the details without a hassle.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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hi abby,

 

at least you dont have high expetations. yes they will probably hold out as long as they can, but at least you'll be aware. when you send them the letter giving them 40 days to get your statements ( if you havent got them alreadly) then send them a letter giving them how many days they have to send them to you. as you have probably read from the other threads, they will send you letters trying all sorts of things, just ignore them, dont get annoyed by it, just send them the letters telling them how long they have to send you the info. keep it all in a diary so you know when you should receive things by, and keep copys of all letters and the date you posted and if you know it received them. i think ( my opinion only ) that if it does go to court, you sending them letters basically argueing with them could look childish. YOU HAVE THE LAW ON YOUR SIDE. so you will win in the end, with out getting stressed.:p

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Totally agree. It is not worth getting stressed by the games the banks play. By reading all the other threads you can get a pretty good idea of the tricks they will try and play so being forewarned is being forearmed!

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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Found all my old statements out as I was fed up with waiting for Abbey to get their finger out

 

Prelim letter sent today asking for £981 plus £15.84 interest on penalties.

 

Feel like I have started the ball rolling at last.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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  • 2 weeks later...

Received standard letter saying they will get back to me in four weeks. Unfortunately for them I am posting the LBA tomorrow.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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Received the next standard letter saying the charges are fair and they will review my account if it goes to the small claims court and if our relationship has broken down they will close my account.

 

Well Abbey, you aren't the only bank in the world (even if you do have a cool name).

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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  • 3 weeks later...

No reply to the LBA so began moneyclaim today.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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Good luck (not that you will need it!).

[FONT=Times New Roman][COLOR=red]22/06/2006 - Data Protection Act Letter to Abbey Sent[/COLOR][/FONT] [FONT=Times New Roman][COLOR=#ff0000]10/08/2006 - Prelim Letter Sent for Estimated Charges[/COLOR][/FONT] [FONT=Times New Roman][COLOR=#ff0000]04/09/2006 - DPA Belatedly Fulfilled[/COLOR][/FONT] [FONT=Times New Roman][COLOR=#ff0000]12/09/2006 - LBA Sent for Refund of £2,942.14 Including Interest[/COLOR][/FONT]

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  • 3 weeks later...

Had a letter from DLA Piper wanting to know how I had calculated the charges and saying they are preparing a defence. I emailed back copies of spreadsheet and my surprise that they had not received any details.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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I am at exactly same stage as yourself claiming back money from abbey- oldham. I too had a letter from DLA Piper requesting a copy of how i have come to my total of £850 ish - which i have sent via email, i have had no confirmation of receipt.

They have also informed me that they will be entering a defence although i dont know what it will be at this stage!! let me know how you go on

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I had the acknowledgement from the court today. When I email dla piper I asked for a receipt but got none.

 

I got exaclty the same letter from cahoot as well.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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  • 2 weeks later...

Okay received a 50% offer from DLA PIPER toady as well as a copy of thier defence. Will refuse offer.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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Okay received a 50% offer from DLA PIPER toady

 

Should have read DLA PIPER today, talk about freudian slip!

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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  • 1 month later...

Received a "General Form of Judgement or Order" yesterday. These are the relevant points;

 

IT IS ORDERED THAT

 

1) This case be stayed to enable the claimant to file at court and serve on the defendant's solicitors a schedule clearly showing the charges to which he objects and which together total £xxxx.xx

 

2) This case be struck ou if the stay herein is not lifted by 4.00om on 24 September 2006.

 

I think this means they want yet another copy of my schedule of charges, or are they asking for something else?

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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I sent a copy first class to both the court and the solictors. I also called the court to let them know it was coming.

 

No time at all! Looking at it it seems the judgement was made on the 14th September and the letter sent on the 18th. I did not receive it till after 4pm on 21st (very slow delivery in these rural areas).

 

I did email the solictors the schedule although they make no mention of it in thier defence.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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