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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.

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      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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Andrew1 vs Abbey


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... but did you get the older statements DM?
I did, within the 2 weeks I had given them I got the statements from 1996 to 2000 (I already had 2000 to 2004), but this was Clydesdale Banks.

 

I did also do an SAR2 to the Bank Of Scoltand and they send me an extra 8 months of statements beyond the 6 year window but I didn't have any charges in that 8 months.

 

As I have said MBNA did it also (within a few days) they were i=on th phone paying up.

 

and I am about to estimate an Associates (citicard) account (more for fun) than anything else, Citicard are one of the dirtiest dogs about.

If I have helped click my scales....

 

Find my threads by clicking here

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Well, I telephoned (Using my Abbey 0800 731 7774 freephone number ( make note folks ! )and asked for statements back to '91 - and the very kind young lady, shocked though she was and somewhat at pains to tell me what 'leaglly' they are allowed to do and keep - get that? - LEGALLY! :o (soon put her right there ! " don't talk to me about leaglly what the banks should do" :D ) so she put in my request and no doubt they will all come winging their way via royal mail very soon ! I'm told they might only have up to 7 yrs so I have requested that if the documents have been destroyed they duly send me the Certificate of Destructions as per Lula's instruction ( I didn't even know about Certs of Destruction! - thanks Lula.) Needless to say, she hesitated to ask me if there was anything else she could do for me and apart from a Gin & Tonic says I - No thanks! Lets see :p

 

Please keep me informed Andrew, as I am VERY interested in this, where exactly does the 0800 number take you?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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" Can anyone tell me if Shabby have the ability to provide statements back to the day I opened the account 20yrs ago? I am going to go for the lot - I'm sick of them. I had my 6yrs worth but I could do with the previous ones."

 

 

 

Could do with an absolute answer on this if anyone has one .... anyone?

 

 

.

 

Andrew,

I received 12 years worth of statements from Abbey (mixture of Microfiche andscreen print statements) when I sent my SAR last year, so they are able to go back at least to 1994

PM me if I can be of any more assistance (especially if they say they don`t hold data longer than 6 years)

 

See my thread Armsoft Vs Shabby Round 1

  • Haha 1

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Hows my new Bud Armsoft then eh? :D they don't like it upem do they LOL

 

I still dont know where this 0800 takes you, is it to the Complaints department?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Please keep me informed Andrew, as I am VERY interested in this, where exactly does the 0800 number take you?

 

Oh Lula - what fun indeed - 0800 731 7774 and 0800 587 2758 -Takes you through to the usual Call centres for banking accounts - in fact I find I'm luckier and get UK call centres most, but not always all the time. They wouldn't like it of course but I don't think they know where the call comes from - even better :p

 

Beats paying their o845 numbers - I never use them :D

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Andrew,

I received 12 years worth of statements from Abbey (mixture of Microfiche andscreen print statements) when I sent my SAR last year, so they are able to go back at least to 1994

PM me if I can be of any more assistance (especially if they say they don`t hold data longer than 6 years)

 

See my thread Armsoft Vs Shabby Round 1

 

Brilliant - just what I wanted to hear .:D

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Hows my new Bud Armsoft then eh? :D they don't like it upem do they LOL

 

I still dont know where this 0800 takes you, is it to the Complaints department?

 

Hi Lula,

I`m pretty fantastic at the moment:D

Abbey caved in this week and agreed to everything including my compensation request:o , so just waiting for a very big cheque to hit my doormat.

They also agreed and have already actioned the removal of my Default Notice, so I`m pretty pleased at the moment.

Just preparing for round 2 now when I go for a refund of charges back to 1994, should be interesting:D

 

How are you doing now?

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Hi Lula,

I`m pretty fantastic at the moment:D

Abbey caved in this week and agreed to everything including my compensation request:o , so just waiting for a very big cheque to hit my doormat.

They also agreed and have already actioned the removal of my Default Notice, so I`m pretty pleased at the moment.

Just preparing for round 2 now when I go for a refund of charges back to 1994, should be interesting:D

 

How are you doing now?

 

Congratulations - you little tinker, I am:grin: going there myself, so this should be interesting - was that your best Joey "How you doing?"

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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- was that your best Joey "How you doing?"

 

Lula,

I tried, I failed:p

 

It`s great preparing for round 2 though, especially when you know the end result, it`s almost like having a crystal ball to see into the future.

 

My six months from my SAR request is up now, so I`m going to serve another one on them next week, it will be interesting to see how they have recorded all our recent correspondance.

I wonder if they`ll send me anything prior to 1994 LOL

 

Keep up the fight, and crack open a few tinnies to celebrate:roll:

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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that's a damn good idea, lets stop hijacking this thread, although it is all very relevant and take it over to Lula v Abbey (3)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Lula/ Armsoft, you guys carry on, I don't mind the mixture on info it's actually quite helpful .. post away.

 

Ooops!

I do hope Lula is not too offended at being called a guy:o

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Would you ( anyone) Guys or gals :D think it better to challenge for the accounts back to 2000 first then go for the later ones as a second claim?

I have been reading some of the Clydesdale claims for this very reason and Alanfornby (sp) recommends in 1 of the threads to go for it in 1 go as they would have to argue the less than 6 years charges (which they cannot) at the same hearing as the over 6 years stuff. therefore very difficult for them.

 

This was ok even if they had offered to make a payment for the under 6 years stuff because you would just keep rejecting that as it does not meet your original request. Obviously if they made a part payment offer without conditions you should accept this to show the judge you are playing ball, but if their are any conditions just kick it back at them.

 

I have raised the N1 and posted it for a 10 year claim, all the charges are from 5.5 year to 10 years and totaled about £4.500 and the interest of 8% adds about £3000 to the claim.

 

It was only served about 5 days ago so they still have a little time before they have to act.

 

I did get a reply from my LBA 3 days after I had posted the N! so it crossed in the post of the letter serving them.... The letter said "your claim is statute barred ) I had started the discussions with them in April last year so the 6 years starts from their not the date of the N1. They will try anything.

If I have helped click my scales....

 

Find my threads by clicking here

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LOL, I think it was a generic "guys" and if you saw me, you would know that I am ALL woman :p

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Would you ( anyone) Guys or gals :D think it better to challenge for the accounts back to 2000 first then go for the later ones as a second claim?

 

I would agree with DM on this, My first claim was specifically inside the Statute because I didn't understand it at the time, now I know, I would say go for it all together.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Okay 'generics' that means I'll have to wait and see what they come up with as far as statements back to '91. nay bodder. That brings me to another question, DM quotes 8% interest - so far with my claims I have gone for Contracted+ compounded and got away with it, but Vamp has taken off the Google spreadsheets her ' Vampiress recommended' guide. There has been some heated debate over which is best to go for and I for one want to take Abbey for as much as possible given they way they have handled this - so has anyone a preference for Abbey - just 8% - Contractual - or Contractual compounded? The war begins :D

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8% is the Section 69 standard interest that is awarded at the courts discretion, contractual interest is unlikely to be awarded by a court but if they want to settle at this, then more power to your elbow, If anyone is interested I have a spreadsheet that is one size fits all and all you need to do is change the figure for the percentage calculation and it does it all for you, if you want a copy, pm me your email address and I will forward a copy

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks Lula, I know the 8% is the s.69, poor young Vamp had kittens trying to get me to understand that in the early days - Whilst I should know better by now I have been concentrating on Cabot dca and lost track of the contractula interest argument or compounded contractual - I just wanted to know ( without having to re-read about 1000 posts on the thread what the general drift was these days re Abbey.

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Compound contractual makes my head hurt, Contractual can also be, unauthorised overdraft rate or something else which slips my mind, we are talking 16.9% here!!!! but I cant fight ALL battles at the same time so I am going to stick with my SoL, and estimated claim LOL

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 2 weeks later...

Okay, following my request by telephone for statements pre 6 yrs I had the following response:

 

Thanks for your recent request,

 

Abbey is not normally required to hold past transaction details on your account for more than six years. Unfortunately, we're therefore unable to give you the details you've asked for.

 

If you have any questions please give us a call on the number above.

 

 

Antony Turbitt

 

Now, if I send another SAR what do you think might happen? - In my earlier one I only requested the last 6 yrs. I think I might just try and find out...

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Okay, following my request by telephone for statements pre 6 yrs I had the following response:

 

Thanks for your recent request,

 

Abbey is not normally required to hold past transaction details on your account for more than six years. Unfortunately, we're therefore unable to give you the details you've asked for.

 

If you have any questions please give us a call on the number above.

 

 

Antony Turbitt

 

Now, if I send another SAR what do you think might happen? - In my earlier one I only requested the last 6 yrs. I think I might just try and find out...

Iam sure there is a 6 month limit on an SAR and they can reject a second 1 within that time if they want.

 

you could also tell them that the original SAr request has now to be extended beyond the 6 years as you now understand that an SAR is for ALL data they hold on you not just for 6 months.

 

that is what I did with both BOS and Clydesdale and now Nationwide. All 3 coughed up the additional statements.

  • Haha 1

If I have helped click my scales....

 

Find my threads by clicking here

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Andrew, pm your email and I will send a copy of the SAR I wrote to ask for everything plus certificates of destruction LOL

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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