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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Abbey Fob Off???? - **I WON**


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Hi

 

I have just edited my original letter below. Thanks for pointing that out - keep forgetting that they will use every weekness against us. Bit like in the covering letter from DLA when they put that "You cannot expect abbey to chage nothing", any reply confirming this is also going to weaken the claim process.

 

Admit nothing, try for everything. Most important of all, Don't give up!

 

I had my allocation questionnaire in the post yesterday, and they have moved my case to Aldershot court, which is handy as i live between Farnham and Haslemere, so thankfully no trip into London, if it goes that far....

 

Just a quick one, i take it that under no circumstances i should apply for the stay, as this is giving them another chance to worm their way out of it. And if they apply for the stay, it should pretty much mean they will settle early?

 

Thanks

 

Rayo1973:|

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Hi

 

I think i have just won????

 

I got the following email from the abbey solicitor:

 

Dear Sir

WITHOUT PREJUDICE

RE: RAYMOND MONTGOMERY V ABBEY NATIONAL PLC – NORTHAMPTON COUNTY COURT – CLAIM NO. 6QZ37515

Further to your email dated 13 July 2006 regarding the settlement of the above claim, I confirm Abbey National plc is prepared to accept your counter offer of 100% of charges, being £570.00, plus your court fee of £80.00, giving a total of £650.00.

This payment of £650.00 represents full and final settlement of your claim, but of course without any admission of legal liability by Abbey National plc. Please confirm the agreement in writing by signing and returning the additional copy of this letter and I shall then arrange for a cheque for this amount to be issued and paid into your Abbey National account (account number: XXXXXXXXXX) as soon as possible.

I should be grateful if you would inform the Court that this matter is now settled.

I look forward to hearing from you in connection with this matter.

Yours sincerely

LAURA GORDON

Trainee Solicitor

DLA Piper Rudnick Gray Cary UK LLP

[email protected]

 

I accept the offer on the terms as set out in the above letter as full and final settlement of the Court claim referred to in the heading of the letter and confirm that as soon as payment has been made I will write to the Court and withdraw the claim.

Date:

Signed:

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

 

 

Should i sign this and return by post tonight? Though i have just noticed that they want to pay it into my abbey account which is closed, i can email them back and inform them of this.

 

Also, when i email them back, should i tell them i will not be stopping the process until the funds have cleared in my new bank?

 

Rayo1973

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Thanks Karnevil

 

Oops, clumsy! Have edited it out - can't believe i won.

 

Erm, yippee - power to the people etc etc.

 

Definite proof that sticking to your guns pays off.

 

Rayo1973:D

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Great result Rayo I have just been reading your thread from the beginning and as I got to the end saw your settlement letter.

 

Proves once again that determination patience and perserverence wins in the end.

 

There are one or two things within the thread that need moving ...but they have been mentioned already.

 

Good luck with the Ulster bank...................

 

 

:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Funny really, i suppose like everyone else, there had been times when i thought - sod it it is dead money anyway, is it really worth it? But now it means i can cut my overdraft in half. Happy days!

 

Next stop Ulster Bank..... Grrrr!:p

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Congratz!!! :D

Data Protection Act letter sent 10/04/2006,

priliminary letter sent 23/05/06,

LBA sent 7/06/06

claim issued 23/06/06

deemed to be served 25/06/06

Abbey Acknowledged with intent to defend, they have got until: 23/07/06

50% offered + interest, rejected: 21/07/06

AQ recieved 27/07/06,

AQ posted back 09/08/06

Court date 13/12/06

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A mod will do it for you

 

:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Well done!!!! me next please Mr Shabby!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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I have used had the knock back to my prelim letter and I am just in the procees of preparing my LBA letter. The advise on this thread has been really helpful, I will be reffering to it constantly whilst my claim for nearly £3000.00 goes through.

 

Many Thanks to all who has added to this thread.

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Congrats Rayo

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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Well done mate :) :) :) :) :)

DONT FORGET TO DONATE TO THIS SITE WHEN YOU WIN THANKYOU

If you dont it wont be here:x

 

Let battle commence!!!!!:mad:

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

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CONGRATULATIONS

Can I please ask you to take a minute to do our survey

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Done!

 

Is it just me, or has anyone else who won have the feeling of it not being real yet?

 

Rayo1973

 

Don't know yet - I'll let you know (hopefully):D

 

Well done Rayo - congrats.

Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

http://www.consumeractiongroup.co.uk

The Consumer Action Group

Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.

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good for you!! lisaxx

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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  • 2 weeks later...

Hi Guys

 

I am starting to think i am being fobbed off again.:mad:

 

I still haven't had my cheque, or any confirmation of payment.

 

I am about to send the following email to Piper Rudnik:

 

WITHOUT PREJUDICE

Good Morning

I have still not received any information regarding this matter. As you can appreciate the time scale for the allocation questionnaire to be submitted is rapidly running out, to the point whereby it will need to be posted on tomorrow to ensure it is there on time, as even though the date is 30th July, this is a Sunday and therefore it will need to be there on Friday 28th July.

I am starting to believe this is a stalling tactic by your client, and as such i feel that i am going to have no option but to take the case further.

Please advise.

Regards

 

RE: Claim

WITHOUT PREJUDICE

Good afternoon,

I have not yet received the cheque from Abbey. They did confirm to me on the 14th that they were actioning it, but I will chase them up today as it appears to be taking longer than I would have expected. I will email you as soon as I receive it to let you know I am sending it on to you. If you haven't heard from me by Thursday, please get in touch again, as I am aware that your allocation questionnaire would be due on or before 30 July.

Kind regards,

Laura Gordon

Trainee Solicitor

DLA Piper Rudnick Gray Cary UK LLP

T: +44 (0)113 369 2882

F: +44 (0)113 369 2799

WITHOUT PREJUDICE

Good afternoon,

With regard the above claim, i am still not in receipt of any confirmation of payment, or of any further information regarding this claim. I was lead believe the payment would have been with yourselves as of last Friday, can you please confirm this is the case and as to when i can expect to receive the cheque. If i have not received the cheque by the end of this week, am i to assume that the settlement is not being made and i am to take the claim further and issue the allocation questionnaire.

Regards

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They haven't put it in your closed account have they????

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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