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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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Seminole v Abbey: £10,235 RECEIVED


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hehe unfortunately I am a reckless fool too :D

 

But at the moment obviously I am only on the small claims track...well, it's yet to be allocated, actually but it will be...Would it be possible for me to do this? It's just something to think about because you've got me intrigued!

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Seminole you are an inspiration to us all. Best of luck to you.

 

Out of interest, is there a specific law under which you would apply for the declaration? I'd be interested in reading up on it.

 

You could also try to have the clause in the contract with the bank concerning charges removed (only your contract with them unfortunately but it could set a precendent perhaps????) if you win the case on the Unfair Terms argument.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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hehe unfortunately I am a reckless fool too :D

 

But at the moment obviously I am only on the small claims track...well, it's yet to be allocated, actually but it will be...Would it be possible for me to do this? It's just something to think about because you've got me intrigued!

 

From what I know about your claim, I would strongly suggest that you focus on winning it in the normal way we recommend on this site.

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Copy of Abbey's defence received this morning without a 50% offer. Either I've annoyed them or they are going to apply for a stay. I'm tired of playing games with these chumps so this is what I'm proposing to send later today. I would appreciate any views. The implications of doing this are that any subseuquent settlement would have to be for substantially more than the claim value for me to be prepared to withdraw the request for a declaration.

 

WITHOUT PREJUDICE SAVE AS TO COSTS

 

Dear Ms Gordon

 

SEMINOLE V ABBEY NATIONAL PLC

CLAIM NUMBER 6CK02117

 

Thank you for your letter dated 12 July 2006 enclosing a copy of your client’s defence against my claim.

 

I am writing to offer your client an opportunity to settle this matter. I am prepared to accept an offer of settlement equivalent to the full value of my claim, interest and costs. In the absence of an offer of settlement from your client on these terms by 5.00pm on Tuesday 18 July 2006, I will seek to amend my claim to include a declaration by the court that the charges your client applied to my account are unlawful.

 

Yours sincerely

 

Sent but with the added comment that the trainee solicitor recipient may like to refer this email to one of her firm's partners.

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Sent but with the added comment that the trainee solicitor recipient may like to refer this email to one of her firm's partners.

 

 

ROFLMFAO - nice one Semi!! priceless:D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Sent but with the added comment that the trainee solicitor recipient may like to refer this email to one of her firm's partners.

 

I hope you are not going to upset my new girlfriend!! :lol:

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BTW....no need to mention that to the missus!!

 

 

 

 

 

 

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Seminole, I assume you have made a CPR 18 request to disclose details of true costs....

 

I'm sure you have but I just had to ask!

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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As you're probably not going to small claims you should be able to do it. It depends on when in the claim process you can though.

 

Definitely worth a go as outside of small claims they have no option but to honour the request. Check out Rbrears thread in General, also has a link to the page with the CPR rules so you should be able to find out there. If this was a normal claim I think it would push them to a settlement but as you've done it as you have with the declaration request etc it will be very interesting to see what happens.;)

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Nice one Seminole hope it pays off, will be keeping an eye on your progress as facing fast track myself, so quite happy to take a similar tack as you. Nice to get the money back but would like to inflict as much damage on shabby as possible in the process.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Wow, just been directed to this thread after starting a "what would happen if it actually went to court" thread. Good on you, I was trying to get my head around what the circumstances would be for one of these cases to actually end up in court, I had no idea about this declaration clause.

 

Round of applause for seminole please :)

Abbey - £1255.12 + interest - 50% offer refused, Allocation Questionnaire returned 07/08/06 :cool:

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Pusseycat, I am sitting here, the housework has gone to pot, the cats are starving and the litter trays overflowing, waiting for your news :p

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Pusseycat, I am sitting here, the housework has gone to pot, the cats are starving and the litter trays overflowing, waiting for your news :p

 

LOL Julia, my nails are bitten down, my hairs a mess, i have incontrollable shakes, i have square red eyes....the anticipation is killing me.....its like reading a big fat novel and the final chapter is missing.....

Seminole...where are yoooooooooooooooooooooooooooou????

LIP;)

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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He's SUCH a tease....

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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OK this isn't sustainable. The idea was to keep this under the covers until the cheque arrived but here are the settlement terms from Abbey that I have accepted.

 

WITHOUT PREJUDICE SAVE AS TO COSTS

 

 

 

Dear Sir

CLERKENWELL COUNTY COURT – CLAIM NO 6CK02117

Thank you for your email dated 13 July 2006, the contents of which are noted.

Abbey National plc ("Abbey") has decided, in this instance, to settle your claim in full.

However, having reviewed the schedule of charges supplied under cover of your email dated 6 July 2006, we note that your claim includes various charges which were incurred more than 6 years before the date on which you issued your claim (13 June 2006). We would point out that you are prevented from reclaiming these charges by the Limitation Act 1980.

In particular, you are not able to reclaim the charges you have listed as incurred during the period 30 September 1999 to 30 May 2000. These charges total £888.00 and the corresponding interest that you have claimed totals £453.74. Removing these amounts from your claim gives a figure of £7,330.50 for charges plus interest as at 26 June 2006 of £2,622.74.

Payment will therefore include bank charges totalling £7,330.50, interest of £2,622.74 (as at 26 June 2006), interest from 26 June 2006 to the date of settlement on the bank charges amounting to £32.13 and the court fee of £250.00. This gives a total settlement figure of £10,235.37. This payment of £10,235.37 represents full and final settlement of your claim, but of course without any admission of legal liability by Abbey.

As your account with Abbey is closed, payment will be made by cheque. We are requesting a cheque from Abbey and will forward this to you on receipt.

We will write to the court to inform them that the case is being settled in full. Once payment has been made we should be grateful if you would inform the Court that you have withdrawn the claim.

Please confirm your agreement to the above in writing by signing and returning the additional copy of this letter.

Yours faithfully

DLA Piper Rudnick Gray Cary UK LLP

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Hi Seminole,

What can i say......Fantastic news.....im gonna need a pacemaker at this rate...

 

 

***************CONGRATULATIONS******************

 

Once again;) .

 

OK now if anyone reading this is in any doubt about reclaiming charges, i hope Alan and Seminole have put your minds at rest!!

 

LIP:D :D :D :D

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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WOW!!!!! Well done you!!!!! whoooo hooooo!!!!!

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Guest Mumofthreeboys

Flippin' 'eck no wonder you've had a busy day!!!!

 

FANTASTIC where's BW and her wave of smileys??

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