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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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Biting back at Abbey ** WON **


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Hi All,

 

I am about to start the process with Abbey Nat on 2 current accounts, I understand the situation with the bank account and assume each account will require a seperate DPA request?

 

I also had an Abbey Credit Card account which I want to query, however their credit card business was taken over by MBNA round 2003 (I think). Has anybody chased for Credit card charges and can you advise me of the process or offer any tips.

 

Thanks in advance.

  • Confused 1

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Its exactly the same process for credit cards. catalogues, in fact anyone who makes these penalty charges.

 

Just amend the letters in the library accordingly.

 

Hope this helps

 

Natalie

  • Confused 1

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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The DPA will cover all your dealings with the bank - just send the one £10 payment.

 

Credit cards are just the same as bank charges - get claiming!

  • Confused 1

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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  • 1 month later...

Hi All,

 

Can I use a postal order as payment, and is there any reason I can't hand it in at a branch (to the manager) and get a reciept. Any thoughts.

 

Cheers

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Postal order is fine, as is taking the letter in to the bank.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Just to keep everybody informed (and for my own satisfaction!!) I handed the Data Protection Act letter plus £10 postal order into the Abbey branch today.

 

Person I gave it to didn't seem surprised at all and gave me receipt etc, said that the letter and payment would be sent to the relevant department.

 

She did mention that the older statements were kept on microfiche....... "but they can be accessed easily and there should be no problem in getting the info". Sadly she would not put that in writing.:rolleyes:

 

Am I right in assuming that the 40 day deadline can start from today?

 

Regards

 

C

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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She did mention that the older statements were kept on microfiche....... "but they can be accessed easily and there should be no problem in getting the info". Sadly she would not put that in writing.:rolleyes:

 

 

C

 

 

Oh yes, they are easy enought to access, it is just getting some bugger to access them and send them out without the threat of a court order, still, you may be one of the lucky ones.

 

Yes, the 40 days starts now!!!

 

ed, I meant to put a smiley in at that last bit :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Am I right in assuming that the 40 day deadline can start from today?

 

Yes.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 2 weeks later...

Hi All,

 

I am relieved, Shabby are running true to form and I received my microfiche letter today. Thanks for the template letter which I will be posting tomorrow.

 

in the letter they said

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Sorry Ment to add,

 

In the letter they said they are unable to give details of any "manual interventions" since not all manual interventions are recorded, I am assuming this is normal!!!

 

I am grateful that Abbey are going down the usual road since so many people before me have paved this route very well!

 

Has anybody had any dealings with Pam Speed whose photocopied signature adorns the bottom of the letter.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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I got a letter from Pam Speed today. Yes, it was a very badly scanned signature and the same 'microfiche is not covered by the DPA' stuff. I also got the same stuff about manual interventions.

 

Abbey are using the £10 I sent for the DPA request for the michofiche administration fee but, as Ms Speed claimed that archived transactions aren't subject to the 40 day ruling, I assume they are planning on taking their time.

 

I'm so glad this forum is here. It meant that I smiled when I got a pointless, factually incorrect and badly punctuated standard letter from my bank hoping to stall me, instead of feeling demoralised and put off.

Data Protection Act letter sent 11th July 2006

Microfiche argument received 17th July 3006

Response sent 24th July 2006

14 months statements received 26th July 2006

Microfiche data received 28th and 29th July 2006

Prelim letter sent 1st August 2006

Sorry you're not happy letter received 11th August 2006

£175 refund unexpectedly appeared in bank account 16th August 2006

LBA sent 16th August 2006

Claim served 5th October 2006 - Abbey acknowledged 16th October and defence filed.

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  • 2 weeks later...

Hi one and all,

 

I have received a bunch of statements (came last week but I was away) so not sure how many there are, looks like about 20 months worth. (which isinteresting as I closed this account with them in March last year.) I will be going through them tonight but am pretty sure that it is not the full 6 years worth.

 

I have noticed on other threads people mentioning a re-enforcement letter to jog their memory when coming close to the DPA deadline, where might I find this please.

 

Alternatively, I assume (dangerous I know :shock: ) if they dont provide all the statements I can estimate the total amount based on the data I have.

 

The DPA deadline runs out on the 10th and I have to say I am REALLY looking forward to the next bit.

 

Thanks to all for the advice.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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  • 4 weeks later...

Hi All,

 

Firstly an up date, the deadline has passed and no further statements have arrived (surprise, surpeise). Got a letter saying they are investigating my complaint and will be in touch etc etc.

 

The account I am claming on I closed down in Feb this year and ad not been using it actively since the provious November. There were various admin c*** ups that there were dds being presented that should have been cancelled. They were all resolved but the statements they sent me include 8 months of nothing.

 

I am preparing the noncomplience letter now and am wondering if I can submit an estimated claim based on the statements I have for the 5 months when the account was active.

 

There were charges on this period of 90 and 160 per month. ( my computer is down at home and I am writing this from work so dont have all the details with me.) I presume an estimated claim would be the average over these months multiplied by 60 months.

 

Thanks in advance for any input.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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  • 5 weeks later...

Hi all,

 

Update time,

 

Sent an estimate request for payment giving Abbey 14 days to pay or start a meanungful dialogue. You eill not be surprised that I have had neither. I am sending the Letter before Action tomorrow, does this allows me to apply interest? and the interest is calculated at 8% per day?

 

As a significant portion of my request was estimated how can I apply interest to this and if I use an estimate monthly amount what day should I start applying the interest from.

 

Any advice appreciated

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Thanks, its been a busy day and I am getting ahead of my self. Thanks for getting me back on track.

 

As of tomorrow its 14 days again.

 

Thanks all

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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  • 3 weeks later...

Hi to anyone reading this.

 

Dur to circumstances my time scales have slipped a bit. I have not received any further info (statements or surprisingly Cheques) from Abbey.

 

I will be filing a claim with the court on Thursday.

 

Can you advise me what information I have to submitt above and beyond the claim form.

 

ie. Do i provide copies of letters, spreadsheet with charges and amount estimated, As ever any help is appreciated.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Hi to anyone who is reading this.

 

Update time again, Filed small claims action on Thursday 19th with County Court in Kennington. Large portion of the claim had to be estimated as the Abbey chose to ignore my DPA request.

 

I have now nervously taken to wearing brown trousers as I await for the next move from Shabby. Will continue to post as things happen.

 

Cheers all

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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  • 3 weeks later...

Hi all,

 

I need some assistance again,

 

As per above posts I have filed a claim having estimated the amount based on the 1 years statements Abbey supplied. I was confident that this amount was over estimated.

 

Today, surprise, surprise I have received a complete set of statements going back to Jan 2000. No cover letter or anything. This was received 3 days after the courts received acknowledgement of the claim from Abbey.

 

What should I do after I have re-calculated the figures and will I be able to ammend the claim without changing the timescales.

 

Can I claim for un-authorised OD fees and also charges labled "cleared transaction" on the statements.

 

I have not received any details of any "manual interventions".

 

As ever Thanks for your thoughts.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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What should I do after I have re-calculated the figures and will I be able to ammend the claim without changing the timescales.

 

Can I claim for un-authorised OD fees and also charges labled "cleared transaction" on the statements.

 

Amend your claim with N244 (£35 fee- unreclaimable) PDF in Bank template library

 

You can claim for both charges

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  • 4 weeks later...

To anyone out there, its update time.

 

Filled in and sent off the N244 form to amend the amount and as the Abbey have filed a defence I have completed the allocation questionaire.

 

Out of interest are Abbey known for going to court, I am ready to do it, got a brown suit just for the day:o but would prefer if they had a history of settling sooner.

 

As ever thx for all the support and as soon as I get the court date I will post this.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Hello BB

 

No, I don't think the shABBEY have stepped in court yet , they usually settle just before the hearing (see missphant's thread today!), or sooner if your lucky! So you can go and buy whatever colour suit you want, you won't need it!!!:D

 

Phil:)

This is only my personal, honest opinion!

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