Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • kevinda
      Gurdip Virdi - DO NOT BUY CARS FROM HIM DODGY- barbercarsales barbercarsales.co.uk

      By kevinda · Posted

      he may be using a different name but cars and vans/vans and cars it’s all the same Gerard Bird/Gerry Bird/G Bird aka Gurdip Singh Virdi He is still doing the same thing, operating from the same premises at 101a Longford, I’m guessing during Covid they got the great idea to rip people off remotely and charge people for the pleasure. they now deliver cars that are shocking quality and refuse to even accept the issues you find. Then Gaslight you into thinking your the problem and call you an idiot for buying a used car instead of a new one. Buyers beware this thread is vitally important     
    • NewsBot
      China tightens grip on biggest social media firms

      By NewsBot · Posted

      Changes to China's state secrets law requires internet firms to monitor information shared by users.View the full article
    • Nicky Boy
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By Nicky Boy · Posted

      The only way to verify whether there is any financial reward for the management is seeing the agreement. That would be required during disclosure IF court proceedings went ahead... Unless you could bring pressure to bear and get a copy?
    • dx100uk
      Iva with Hanover now been passed to credit expert

      By dx100uk · Posted

      god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
    • NewsBot
      Qantas: Australian airline investigates possible privacy breach on app

      By NewsBot · Posted

      The airline says it is investigating reports that customers can view other passengers' personal information.View the full article

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

knellyk 2 vs Abbey!

KnellyK

By KnellyK
in Santander

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4818 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

  • Replies 198
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

TUTTSI

TUTTSI

Posted
Posted

Hiya Knelly

 

Still waiting for my scarf............

 

Yep the House of Lords next Tues, Wed and Thurs.... so we will see.

 

Not sure how long the house of lords will take to make their decision, but I guess we have waited two years..... another 2 months is not the end of the world.

 

Tuttsi xx

Link to post
Share on other sites
KnellyK

KnellyK

Posted
  • Author
Posted
read on tother site there in court again next week cross fingers eh kk just not when your knitting cou1d be nasty :Dxxkia

 

 

It could! :)

 

 

Very nasty indeed! :D

 

Especially if I was trying to multitask with some of the equipment we have at our disposal on the Angels thread! ;)

Link to post
Share on other sites
KnellyK

KnellyK

Posted
  • Author
Posted
Hiya Knelly

 

Still waiting for my scarf............

 

Yep the House of Lords next Tues, Wed and Thurs.... so we will see.

 

Not sure how long the house of lords will take to make their decision, but I guess we have waited two years..... another 2 months is not the end of the world.

 

Tuttsi xx

 

 

Don't hold your breath!

 

It could be longer than 2 months! :rolleyes:

 

Plenty of time to do a bit more knitting!

Link to post
Share on other sites
kia

kia

Posted
Posted
It could! :)

 

 

Very nasty indeed! :D

 

Especially if I was trying to multitask with some of the equipment we have at our disposal on the Angels thread! ;)

:lol::lol::lol:xxxkia
Link to post
Share on other sites
  • 2 weeks later...
TUTTSI

TUTTSI

Posted
Posted
Don't hold your breath!

 

It could be longer than 2 months! :rolleyes:

 

Plenty of time to do a bit more knitting!

 

Yep probably September/October when the HOl resume and then it is a guessing game.

Link to post
Share on other sites
  • 2 months later...
KnellyK

KnellyK

Posted
  • Author
Posted

Well ...............

 

It's September so I thought I'd pop in on my old Abbey thread and see how much dust there is in here ~ it's nearly 2 years since I was supposed to go to court, it's a good job I've been keeping myself busy!

 

 

 

 

 

 

 

 

Still knitting!

:rolleyes:;):p

Link to post
Share on other sites
  • 3 weeks later...
KnellyK

KnellyK

Posted
  • Author
Posted (edited)

OOooohhhhh! It's October :D

 

I'd like a judgement soon!

 

In fact, I'd like the judgement by 14th November - that's a very special day! It'll be 2 years to the day that I should've been in court - but I had to find something else to do instead. :D:D

 

 

I've put the knitting needles down now! ;)

Edited by KnellyK
Link to post
Share on other sites
  • 1 month later...
charleyfarley

charleyfarley

Posted
Posted

wot ya knitting missus?

 

a waistcoat? or a cardie? or long johns?

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
  • 2 weeks later...
KnellyK

KnellyK

Posted
  • Author
Posted

Right then......

 

 

It's time to put the knitting needles down and pick the pen up - or use the computer - to write to the court and the bank so they can dust off my claim and bring it back to the top of the pile! :):):)

 

 

 

 

 

It's a good job my hands found something interesting to occupy them during the past 2 years! ;)

Link to post
Share on other sites
  • 2 months later...
KnellyK

KnellyK

Posted
  • Author
Posted

Right then, time to put my knitting down again and start thinking about my stayed case!

 

So..... I just looked through my documents, I was looking for something that says the charges cover their admin fees and found that the Defence Statement says ...

 

"8 The Claimant's contention that the fees are unenforceable and/or are"penalty charges" is denied. The fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimants breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

 

9 Further or in the alternative, even if the said fees are not proportionate to the Defedant's administration expenses incurred (which is denied), the Claimant remains liable to ppay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the Account."

 

I've pm'd a mod to see if this is the type of statement that they're referring to in the new FAQs.

 

I've since found a letter -(signed by Abbey!) that states...

".......... Even if it were correct (which is not accepted) that the charges are greater than Abbey's actual loss in dealing with your account, Abbey would still be entitled to charge you something fore the expenses. Further you will see that the charges are liquidated damages , and not penalty charges and are therefore valid pre-estimates of loss."

 

 

I think I'm ready to amend my PoC ! :)

Link to post
Share on other sites
TUTTSI

TUTTSI

Posted
Posted

Hi Knellyk

Just to give you the heads up, Abbey have sent a letter to all the courts asking the courts to strike out our claims.

 

Call your court tomorrow to see what your court is doing and if they have received the letter from Abbey>

 

Good luck.

 

Tuttsi xx

 

 

Right then, time to put my knitting down again and start thinking about my stayed case!

 

So..... I just looked through my documents, I was looking for something that says the charges cover their admin fees and found that the Defence Statement says ...

 

"8 The Claimant's contention that the fees are unenforceable and/or are"penalty charges" is denied. The fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimants breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

 

9 Further or in the alternative, even if the said fees are not proportionate to the Defedant's administration expenses incurred (which is denied), the Claimant remains liable to ppay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the Account."

 

I've pm'd a mod to see if this is the type of statement that they're referring to in the new FAQs.

 

I've since found a letter -(signed by Abbey!) that states...

".......... Even if it were correct (which is not accepted) that the charges are greater than Abbey's actual loss in dealing with your account, Abbey would still be entitled to charge you something fore the expenses. Further you will see that the charges are liquidated damages , and not penalty charges and are therefore valid pre-estimates of loss."

 

 

I think I'm ready to amend my PoC ! :)

Link to post
Share on other sites
KnellyK

KnellyK

Posted
  • Author
Posted
Hi Knellyk

Just to give you the heads up, Abbey have sent a letter to all the courts asking the courts to strike out our claims.

 

Call your court tomorrow to see what your court is doing and if they have received the letter from Abbey>

 

Good luck.

 

Tuttsi xx

 

 

Thanks Tuttsi!

 

I'll do that tomorrow! :)

Link to post
Share on other sites
BankFodder

BankFodder

Posted
Posted

I've responded to you but you haven't replied

Link to post
Share on other sites
BankFodder

BankFodder

Posted
Posted
I have now :)

 

 

 

I see you found my thread!

Sorry but I have received nothing from you. I have resent you my email this morning

Link to post
Share on other sites
  • 2 weeks later...
TUTTSI

TUTTSI

Posted
Posted

Well done Knelly, good to see things are moving for you.

Tuttsi xx

 

I've just phoned the court they still have a record of my claim which is good!

 

They advised me to write to them to request permission to amend my PoC. So, I'm going to get on with doing that this evening. :-)

Link to post
Share on other sites
  • 10 months later...
KnellyK

KnellyK

Posted
  • Author
Posted

Quick update...

 

I didn't amend my POC and I didn't respond to the useless order that Abbey kindly sent to me.

 

Yesterday I received General Form of Judgement from the court, it orders that the stay is lifted and gives me 'til 4pm on 23rd Februsry to let them know in writing whether I wish to proceed, if I do, i have permission to amend my POC or Defence and Counterclaim.

 

If no action by either side then it'll be struck out with no order for costs.

 

Or I can apply for a set aside but I have to do that within 7 days...

 

 

Decisions, Decisions.

 

 

Has anyone had any luck with Abbey since the Supreme Court Decision?

 

I seem to remember that S French was doing something? If Anyone know that outcome?

 

Any advice would be gratefully received.

 

:-)KK:-)

Link to post
Share on other sites
  • 3 weeks later...
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...