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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 
      • 81 replies
    • 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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My Story - Simon -V- The (SH)Abbey ***WON***


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noooooooooooo dont do that, that is exactly what they want you to do, we will battle on and shall prevail, they cant be allowed to get away with it ;-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Stick with us ABG, we can't afford to let Abbey win .... that's what all their tactics try and do, is force you to give up.

 

Take a deep breath, settle down and the rest of the Abbey reclaimers and all of CAG will be behind you.

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oh my thankyou for your replies im crying at the mo i just feel i carnt go on any more it gets so confusing and frustrating and my health is suffering and i just dont know anymore i am not normally like this i am strong to a point but this is how i am feeling and dont know how much more i can take like u all we go on n on but i feel its the end now sorry for going on so i will go for now and pull myself together

hope si is alright

hugs as always to one and all thyvm for everything and all your support

hugs

abg

xx

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hiya abg god your really suffering arent u listen youve got to take one small step at a time and not loads of big ones cos its more daunting that way just little steps and well all help please try not to give up cos u really will get loads of support on here i did and ill support u honest even if ive gotta come down to your bit and give you a big hug love im sure youll be ok just lean on us but please dont give up pm me if you need to let it out love ok xxxkia

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Im new on this site and when I clicked on your thread i couldnt believe what i was reading. Well done you, for being strong minded and very witty. Your story really cheered me up, when i was stressed and worried over A&L charges. Keep up the good work Simon!!!

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ty all for everything

i still not sure but guess will hang on in there for a bit i dont want to get woked up or stressed ouch

ok shabbey have till tomorrow to offer settlement by district judge xxxxx so if i dont hear anything by the morning or when the post has been

what do i do?

]

here is the lastest on me

 

morning all,

just a quick update

seen the dr

had ECG n tests

result

slight murmour & palpittations

hugs

roxie

xxxxxxxxxxx

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how are you all

sorry for the lack of posting here

well shabbey was suppose to settle with me by the 17th august instead i got all the nonsence the sham letter about the oft case etc so i faxed them and heard nothing as i dont think it should be stayed i also faxed the courts as well blackpool county court district judge xxxx

so now i await

then on saturday i gets this oh i emailed ronan yes nothing

heres what i got on saturday

Dear Mrs xxxxxxxxxx

As you know we are currently looking into your account and it has now been eight weeks since you contacted abbey ( i dont thinkso)

I am sorry for the delay while we continue to look into your complaint. Although we have made progress we want to make sure we fully understand the problem before writing and we are unable to give you a full response just now

What are they talking about here

If you dont want to wait any long you can go to the fos now without waiting for our response i am enclosing the booklet that tells you what you need to do i hope you will give us the opportunity to complete our work and we will continue to look into your complaint unless you advise us the ombudsman service advise us they are taking over it we will write to you again when we have finished our review and if you remain unhappy you still have the right to contact the ombudsman

************************* ************************* **

 

so what reply do you give them i know what i would like to say

 

hugs

abg

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after trying to fax ronan for 2 days i phoned this morning and got his ans machine

here the reply i got not long after

****************************************************

i will post my reply to him here after this post

**************************************************

from ronan to me

 

Without Prejudice"

Dear Ms Miller

 

I can inform you, that having looked at your file, there is no open offer from Abbey to settle your claim, therefore, Abbey will be applying to your county court to have your claim stayed pending the outcome of the test case with the OFT.

 

Yours sincerely

 

Ronan Coyle

 

on behalf of Abbey National Plc

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here is my reply to him

 

 

Dear Ronan,

Sir,

case no xxxxxxxxxxxxxxxx

 

Thank you for your long awaited reply i received just now. However i have been in touch with the courts and applied to have your stay removed, as stated below .

 

I still have had no offer of a settlement or an open offer referred to in a letter from abbey. You have stated that abbey isnt going to offer an open settlement, yet they stated that in there letter to me?

 

Does abbey know what they are doing?

 

Quite honestly i don't think they do.

 

I am now getting beyond my control as all these letters i am receiving are a fob off sham as they are all the same and i am no longer waiting or giving abbey any more time this has gone on long enough and now i am being fobbed of with this OFT |TEST CASE again read below what i am saying.

I am aware of the "OFT Test Case" in which i have replied as this is an ongoing case also stated that as the 'Test Case' has not even started as of yet AND is unlikely to start before OCTOBER 2007 (and that is at it's earliest) then how can you justify quoting a stay pending the ongoing/outcome of the 'TEST CASE' when the so called 'TEST CASE' theoretically does not even exist!! I have been fair and lenient now with Abbey and therefore now request a offer.

 

My case is not a new one i shall be grateful if you could update me as what offer or open offer abbey has in mind i have complied with all correspondence from everyone concerning abbey in which i have been back in touch with Blackpool County Court district judge law who gave abbey and myself time to arrange a settlement this was before the OFT Test Case, therefore i do not see as to why i should be put on hold.

I look forward to your reply in this matter, hopefully i hope i don't have to keep on at yourselves before you decide to reply.

Also is your fax machine been turned of after trying to fax you for 2 days i still cannot send anything via fax?

 

Thanking You

 

Yours sincerely

 

R. Miller

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heres my reply from the letter i sent him

 

************************************************

without prejudice"

Dear Madam

 

The letter you received from us regarding the test case with the OFT and our intention to stay your case explained that if you had already been in receipt of an offer to settle your case, which was still open (i.e. had not been rejected in any way) then Abbey would honour these offers. Where an offer has not been received, or is no longer open, then Abbey would be applying to have your claim stayed as the issued to be resolved in the test case are related to the issues raised in your claim.

 

Therefore, I can confirm that Abbey will not be making any offer to settle your claim until the test case has been decided.

 

Kind regards

 

Ronan Coyle

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heart is beating palpatations hurting but i have to tell you all this

 

got letter from abbey heres what i have sent them by fax

.....................................................................................................

Mrs. XXXXXXXXXX

XXXXXXXXXXXX

 

XXXXXXXXXXX

 

 

Abbey National Plc

Complaints

PO Box 5129

Milton Keynes

MK9 2YN

 

Your Ref: xxxxxxxxxxx

 

 

Dear Sir,

I acknowledge receipt of your letter dated 21 August 2007 which I have recived to-day.

 

However there are a few points I would like to raise with you. As stated in your letter.

 

Firstly I am advised that the OFT Test Case does not come into effect until OCTOBER 2007.

 

In your letter you have stated that I should be aware that if I choose to issue a claim in the courts the bank will immediately apply to the court for an order of stay and that my action until resolution of the banks proceedings with the OFT .

You have also stated in your letter to myself, that you (the bank)

Have promised to proceed as quickly as possible given the importance of the issues being considered this may take up to many months to finally resolve?

 

In answer to this I have already taken action in which the bank ABBEY NATIONAL PLC have received my claim form from the court, they have also received the question allocation from courts

And myself,

They have also been sent from blackpool judge settlement order between ourselves, by 17th August 2007 in which I didn’t receive anything from ABBEY, yet you had four weeks to respond to this settlement , you did not…. until I perused this on the 21st august previously I have sent faxes to Ronan. Coyle, Inga.Kirkham, also to abbey for a settlement figure but as normal Abbey chose not to respond to the settlement order, I have like yourselves been in contact with the courts.

 

I look forward to your response

 

In this matter

 

Yours faithfully

 

abg

 

24th August 2007.

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  • 2 weeks later...

i sent this 5th sept

no reply yet

so if i dont get one i shall be sending another one hahahaha

 

 

Dear Inga,

 

 

claim xxxxxxxxxxxxxxxxxxxxxx

 

I wrote to you on 14th june 07 about my claim.

 

I have however received a reply but am not happy with the reply i got.

On 4th july 2007, i received from Blackpool County Court that the following steps to be taken for a settlement between both parties and that a stay untill 4th August 2007 to be agreed by both parties and that on or before 17th August a settlement should have taken place.

However despite numorus emails faxes and calls, there wasnt anything offered by yourselves, and that abbey was applying to the court for a stay untill the OFT case.

 

I do not agree with the stay, also i have been advised that abbey do not request one.......

I am still looking for a settlement figure as previously stated in my letters to you.

I hope that i don't get a reply saying this has been noted, and therefore i wish to continue a settlement figure between ourselves, as the OFT case isn't until sometime in october 2007, therefore i await your settlement offer

 

Yours sincerely

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OMG! This thread has really moved on. Hello Abbey forum members!

I was away for two weeks and have just had a full week of work , this week. I'm barely keeping up with my own thread.

 

ABG hang in there girl! Don't give up you have been a star so far. Well done for applying for a stay. Lula, Kia, Robdblynd and everyone, it's good to see you're all still around and in good form :D

 

SIMON - where are you??? Hope all is well? Have some kisses love0007.gif

 

I'm at AQ stage with shAbbey it's due on Mon 10 September. I've been so busy I haven't filled it in yet. Needless to say I will be sending it in by courier on Monday.

 

Everyone keep your spirits up.

 

deedee xxx

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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simon is fine ive heard on the grapevine last seen heading into the distance on his tubby scooter mind u there was a trail of smoke behind him ;)so glad your back from your hols do join the angels if your not too busy love;)wed be glad to see you we seem to be amassing new members lately some who have yet to be vetted :Dhope your ok abg is joining the knitting circle which is expanding as we speak and as for sales hes vanished who knows where :Dxxkia

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  • 3 weeks later...

Hi everyone

 

Thanks to kia for letting you all know I was ok.

 

Sorry I haven't been around, I have had such a busy time over the last few weeks, so much to do and so much happening outside of my bank charges claim. Also I felt a bit deflated at my case being stayed by the DJ. I wrote to him when submitting my bundle explaining my personal circumstances and asked for my case to be to be looked at in respect of hardship..............no joy, he just stayed it anyway. So I guess I just have to wait now.

 

UPDATES

 

My health is not to bad, up and down but generaly hasn't deteriorated to much. I was due an op this month but they won't do it until my cardiac problems are sorted.

 

I am still waiting to find out if I am going to get DLA, getting a bit p'd off with it as I submitted 10/07/07........sure they keep picking it up and putting it back to the bottom!!!!

 

The Abbey just make me laugh now.......they have cancelled my card and cheque book, which is fine as I've no cheques left anyhow. I told them I destroyed both on one of their little forms, they still keep writing to me to ask for them every week though...................no change tere then they still don't listen to their customers!

 

They are now threatening to hand my account to a debt collectors firm for recovery as I have not offered to make repayment on my account it's a bit funny that because they actualy have never asked me to pay any money back. All banking services have been removed by them on the account and I now wait for the next move.................

 

At the same time I received the letter telling me the above, they also sent me a shiny new card on the account, which I thought was realy funny.....

Dear Sir, you are not allowed to use your account as we have removed all banking facilities.............but here is a new card for you!!!!!!!

 

I have opened a new account with the Halifax, just a basic one though and all my meagre benefits are paid into there now.....all £89 a week....

roll on DLA being sorted.........

 

I am now taking court action against SKY TV for 6 years worth of £4 a month penalty charges because I won't pay by DD. You should see the size of the SAR..........................

 

Also my insurance company for their £25 default penalties, I will be opening a seperate thread on that soon.

 

So that is me up to date on things. Again sorry for my absence and I hope everyone is ok and look forward to getting some news.

 

Cheers

Simon:)

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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hiya simon and everyone

well simon shabbey did the same to me debt collecters from one to another laughs it was a goose chase one wouldnt handle it so they tried another one eventully i ended up in edinburugh debt managers i told them the same that it was in the courts hands and that these charges are ongoing for the same thing since jan 9th 07 and that i am not paying them etc so the other s said oh right we will contact abbey we are not handling the case will send it back sorry for the incovience etc so then edinburugh one asked me to fax my evidence so i did and lo n behold i haventg heard from them in 2 months even the guy i spoke to at shabbey said that they were wrong as the charges shouldnt have carried on i said i know that but do the idiots in the office know this wetc so nowt as yet

dont worry sdi yiour dla will be back dated for you . good luc lol

well as for my up date everyone i think its alot to transfer into her laughs what am i like so if anyone would like to see whats been happening and what ive done and where im up to being my last faxing the courts last week with 72 pages for the court manager and the judge to be told i am ahead of myself hahahahah

but if anyone would like to catch up which i dont think u wilol as there is over 10 pages worth

hahahahahah pmsl

well if u do i look forward to seeing u all in there as well as here

hang on there peeps

hugs

abg

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

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