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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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i registered my claim with the court on 18/02/07. however i received a gogw payment from abbey on 29/01/2007.at that time i did'nt realise that i had to write back accepting it as part payment however i did write back to say it wasnt a satisfactory outcome. i have recently informed the court that i have received this payment. should i write back to abbey and tell them that i accept it as part settlement as the 8 week deadline is nearly up.

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Guest Big Lash

Hi wimpole,

 

I'm not sure what you mean by the 8 week deadline, is this 8 weeks that Abbey have said they will take to investigate? If so, it means nothing, so disregard it.

 

As to the GOGW, you said you rejected it at first, what was the outcome. Was this GOGW amount paid directly into your bank, did they send a cheque, or was it just an offer?

 

a, if it was paid into your bank, is it still there, if so accept it a 'part payment' and continue the claim for the rest. Inform the court by letter and inform Abbey that you will continue your claim for the outstanding balance.

 

b, if it was a cheque, did you bank it. If yes, then treat it the same as above. If not, then destroy the cheque and continue the claim for the full amount.

 

c, If it was just an offer, then do nothing and continue your claim.

 

If it was something esle, you need to elaborate on the details.

 

Hope this helps

 

Lash

Hope this helps

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i did'nt realise that i had to write back accepting it as part payment however i did write back to say it wasnt a satisfactory outcome.

 

 

 

I would suggest that you use one of the template letters to write to Abbey and reject their offer, you need to decide which one is best for your situation.

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

 

should i write back to abbey and tell them that i accept it as part settlement as the 8 week deadline is nearly up

 

It is very important that you do write back as I am sure the letter your received with the GOGW will advise some where on it that's it's a full and final offer, by doing nothing you may jepodise your claim as Abbey will think you agree to their offer

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thanks to all that replied.

i am due to press the judgement button 26 march so i will write to both abbey and court to accept it as part payment. and yes it was paid straight into bank.

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Hi Wimpole

 

I'm in exactly the same position as you and have sent of my letter to Abbey accepting the GOGW as part settlement. I actually called MCOL and let them know though..I hadn't written to them..I'm not sure if that affects anything?

We'll need to adjust our spreadsheets to reflect the payment now and just sit back and wait! ShAbbey have until 26th to respond to me...:D

Good luck!!

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  • 2 weeks later...

i know that this question has been asked before but i still dont know exactly what to write in box g (further information) shall i just keep it simple quoting that this case is an issue of fact and not law etc. as it will be through the small claims court as it is for £26000.

any advice or sample wording appreciated.

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£26000. Wow i wish i wish that aint a typo. Would love to see that amount claimed back by someone. I submited my AQ last week and used the draft alternative approach. i find it then paste it

 

Here it is. http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-4.html?highlight=strategy+AQ%27s

 

Something along the lines of post #69

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Hi wimpole,

 

I've been telling people to lokk at this thread. Post 74 & 75.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/60102-sam78-abbey-4.html

 

If Michael says it's spot on then it's good enough for me!

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 3 months later...

i have received a date for a prelim hearing but the order doesnt say why.

my question is if the abbey dont show up will i be able to request judgement, or is that only possible at final hearing?

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  • 3 weeks later...

JUST A MESSAGE TO ENCOURAGE YOU ALL. TODAY ABBEY PAID A CHEQUE INTO MY ACCOUNT FOR £2900. I WAS DUE TO ATTEND A PRELIMINARY HEARING ON 25 JULY, BUT RECEIVED A LETTER FROM ABBEY YESTERDAY STATING THEY WERE SETTLING MY CLAIM(WITHOUT ADMITTING LIABLITY OF COURSE). DONT GET ME WRONG IT HASN'T GONE SMOOTHLY, ALL IN ALL IT HAS TAKEN 8 MONTHS SINCE FIRST REQUESTING MY STATEMENTS.

BEST WISHES TO YOU ALL:lol:

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Well Done...I`m hoping to get themt o settle mine it has been going on since February 07 but if you count when I first applied for my statements make that last August 06 :o

 

Goes to show the GR"abbey" National will keep the money for as long as they can and payout eventually.

 

Ladidi

Ladidi

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