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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
      • 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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Reka v Abbey ***WON IN COURT!***


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OOOOOOOOO i will be away then

Don't give me that, your bound to find a computer and sneak on at some point, you know you will.:D

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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nope i am going to have a complete break from electrical items apart from my camera and the camcorder LOL well perhaps i might log on in the internet cafe if i get to one lol

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Aww thankyou....... speaking of Nat West... I am about to start a thread on there. So see you on the other side

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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Can i check something please.

 

As i won in court, the Judge said the Abbey have 14 days to pay. Is that 14 days from the day of the hearing, from the day the order is made or from the day the Abbey recieve the order?

 

I have been told that if no parties were present then it would be from the day the order is made, but as i turned up in court it is 14 days from the hearing....is this correct?

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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OMFG Its too early to think!!!!! I think that it is from the date of the hearing, BUT whenever it is I guarantee that it will be late! cos they hate loosing and will prevaricate to the nth degree.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Let them be late....... then get a warrant of execution then send in the Bailiffs and the presss PMSL :D;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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As i won in court, the Judge said the Abbey have 14 days to pay. Is that 14 days from the day of the hearing, from the day the order is made or from the day the Abbey recieve the order?

 

I have been told that if no parties were present then it would be from the day the order is made, but as i turned up in court it is 14 days from the hearing....is this correct?

Almost certain that it'll be from the date of service of the order.

 

Which obviously could be weeks just to serve it, depending on how busy your court are.:(

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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hi reka, thanku for all your help and advice it is so nice of you to help me.tyvm

i have printed all of part 27 out is there anything i should print out from the index see below please alos could you please send or email the link for me to print out the court bungle as ive been looking now for a few days and noe i have that much i carnt find it thanku once again Part 27 THE SMALL CLAIMS TRACK Contents of this part Scope of this Part Rule 27.1Extent to which other Parts apply Rule 27.2Court’s power to grant a final remedy Rule 27.3Preparation for the hearing Rule 27.4Experts Rule 27.5Preliminary hearing Rule 27.6Power of court to add to, vary or revoke directions Rule 27.7Conduct of the hearing Rule 27.8Non-attendance of parties at a final hearing Rule 27.9Disposal without a hearing Rule 27.10Setting judgment aside and re-hearing Rule 27.11Costs on the small claims track Rule 27.14Claim re-allocated from the small claims track to another track Rule 27.15

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Hiya abroadgirl, i am not sure why you needed to print that out, you do however need to print out the Basic court bundle. i will find your thread and post details there

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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hi rekla how are you well i carnt seem to stop printing ive gone thro 3 lots of ink and paper there is so much but i think i have now got it all together the only thing is before i understood what to do i sent alot of paper work with the A Q and charges with intrest etc im now just finishing off i hope i have printed the correct oft quick fix thats the only one i could find

tyvm for all ur help

hugs

abg

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Just finished reading all of your thread Reka , and I have to say well done!!

You boxed clever and I just loved the way you handled the Judge at court , great news very clearly delivered information.

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*UPDATE*

 

I received the court order on Saturday.

 

"Upon hearing the Claimant in person and the Defendant not attending

 

IT IS ORDERED THAT

There be a Judgement for the Claimant in the sum of £2,4XX.XX and costs in the sum of £275.73 arising from the Defendants unreasonable conduct of court procedings.

 

Dated 07 June 2007"

 

Woooo hooooooo, by my calculations if i don't receive payment by Friday then its time to Apply for a Court Order to get the Baliffs sent in.

 

Does anyone know the form i need? And a decent contact for Sky and BBC if it gets to Baliff stage :D

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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You need Form N323 Warrant of Execution (and leaflet EX322)

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

  • Haha 1

 

 

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Kev, I do not have the answers to all your questions but I do have Abbeys Personal Banking Conditions dated MAY99 effective from 12/7/1999. I am willing to copy them if anyone wants and also when you get the answer you are looking for that might help me as well.

Cheers

DS

 

Congratulations Reka. Confidence level is going up with every winners story I read. I'm filing next Monday so have a ways to go yet.

 

DSilverstein, I'd appreciate a copy of your T&C's as I shall need them for my bundle. Notice how confident I am that they'll settle before my bundle goes in.

 

John :)

Johnd3 ;-)

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Congratulations Reka. Confidence level is going up with every winners story I read. I'm filing next Monday so have a ways to go yet.

 

DSilverstein, I'd appreciate a copy of your T&C's as I shall need them for my bundle. Notice how confident I am that they'll settle before my bundle goes in.

 

John :)

 

Here is Gary's thread 109 on this matter, he says that it is not not necessary on Abbey. If you still want the T&C's just pm me with your email address. It is best to read up on exactly what is needed.

Regards

DS

 

 

 

Join Date: May 2006

Location: Up [problem]'s nose....

Posts: 5,027

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gary.h81

 

icon1.gif Re: Reka v Abbey ***WON IN COURT!***

Quote:

Originally Posted by reka viewpost.gif

I was of the opinion that as the abbey themselves said in their defence that they applied the chargesas a result of my breach of contract, a matter i did not dispute, then i didn't need to supply them as it was not a matter of the breach of the contact that were in debate, but the amount they were charging as a result of the breach! *this is my opinion..... but include them as everyone is saying they now need to be included*

 

Spot on.

 

T&C's not strictly necessary v Abbey. Only if you need to point to the specific term of contract you allege has been breached, as you do with say Lloyds. As above Abbey readily admit a breach so T&C's not crucial

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GRRRRRR!!

 

Stll no sign of the money, i think the Abbey want the bayliffs!

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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yay cant wait to see the bailiffs go in, if you do get that far, tell me which branch you are sending them into i will come along to watch, along with my camera

:madgrin:

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I will defo post if/when the bayliffs are due to go in.

 

I noticed you said you lappy has blown, if there are files on it that you need let me know, 99.9% of the time they can easily be recovered.

 

I am due to file the papers for enforcement on friday if i dont get the money by 4pm tomorrow :cool:

  • Haha 1

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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There are loads of files/pictures on the h/d that are needed, and are irreplaceable, if you are in a position to help that would be fantastic.

 

It is the h/d that has blown the motherboard is fine as i have tried a h/d from one of the other laptops in it and worked fine

:madgrin:

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Reka, I've just PM'd you.

 

Get back to me ASAP if your interested.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Reka, I've just PM'd you.

 

Get back to me ASAP if your interested.

 

I Have, i Have :-D:D

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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