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    • just post it here as text then we can edit if necessary
    • 1st try for snotty letter.     lbccc v1.pdf
    • I do feel now that I would like to comment on some points raised on some of the posts on this feed:   Although I found the appearance and comments from Zac to be rather strange, I have not left a scathing review; I was merely seeking some advice as I have never been in this situation before and did not know what to do.   The information I have provided is factual, transparent, and comprehensive. The pdf I posted of full correspondence, screenshots with text on (and to clarify direct quotations from the video walk round), and photographs of the bonnet show this.   The emails and comments posted by the dealer do not constitute the full facts of the situation as he stated, and it makes me feel sick that I have repeatedly been called a bully and a blackmailer (via correspondence and forum comments) throughout this. Additionally, the 4th email posted by the dealer which he named as the response to the email above it was not the response I received to it.   I have made it clear from the start that I wish to keep the car and only wanted it in the condition as advertised. Upon receipt of my first email concerning my complaint (not the best email, I know), it was very clear that the dealer wanted the car back. His response to this was a WhatsApp message which ended in “To be frank I don’t want to sell some one a car that insults and then blackmails me”. This was also the only option provided which would not cost me considerable time or expense. Although it would still have left me without a car (and having to resume my search), as my old Golf was due to be collected by a private buyer. Also, this was the only option offered without sarcastic and/or patronising comments attached. This is of course only my personal opinion and I am aware that I may not be fully objective on this point, but I felt bullied into doing what the dealer wanted.   Whilst I understand my initial email was quite conflict orientated, and that I have not dealt with this situation well, I don’t believe it excuses the responses I received. I am at a loss to see how this is above and beyond in terms of customer service.   As the dealer pointed out, I did state that the car was in fantastic condition for its year (the interior is fantastic for the year), apart from the bonnet of course. The car has most likely done predominately motorway miles which would account for the bonnet. There are minor issues which also don’t match up with the video walk round. Namely, a tiny dent in the rear wheel arch, which is barely even noticeable, several paint chips around one of the doors, the odd stone chip elsewhere, the alloy wheels are in good condition, but not absolutely pristine as most were described as (I had assumed maybe these has been reconditioned), the rear loading strip is heavily marked all the way across, but the paintwork not affected. However, all of these I feel are minor in a 10 year old car. Upon reflection ‘great’ may have been a better representation than ‘fantastic' on my comment.   During my initial phone complaint, I was told that I was the first customer to complain in over 50 cars (can’t recall the exact number but remember it being in the 50’s) to which I said that I felt bad about, later it was 300…   I never asked for £150. As mentioned before, I accepted this offer over the phone after the dealer had told me that I would not be able to get a stone chip repair company to rectify, as “there are hundreds,” and that it would need respraying. He told me that it would cost him £150 (did not mention plus V.A.T) and that it might cost me £200 here.   I was confused by the pricing structure mentioned (from the chap he has previously told me he has used for his body work repairs for years) as this appeared to be an invoice, which I assumed was for another car’s repairs. The total cost was over £1,000. It stated £180 for a bonnet repair and paint (vandal damage, small repair or paint correction) and on the second page V.A.T was added. If this is correct this would surely equate to a total cost of £216 for the bonnet, but of course I could be wrong. Not inclusive of the cost of collecting and delivering the car back to me, as I have been informed that this should not be of inconvenience or cost to me.   I asked for a larger contribution as initially I was led to believe it would cost me £50 and a little inconvenience. Only after I stated the specific consumer rights (which I had Googled over the weekend) and sent the dealer photos of the bonnet did he offer me a further £112.50 for this. In hindsight I could have specified a figure, and that I still did not expect the blended wings to be paid for. Before this, the dealer stated that he did not wish to negotiate any further and to take the car back to him to paint or they will refund and collect. Upon seeking more specific advice on Monday I was informed of my full rights in this circumstance.   It is certainly not a case of changing my mind because I wanted a brand new bonnet etc. and I disagree that the dealer kept his "kool" and replied respectfully throughout, as I do not consider sarcastic and derogatory comments throughout as respectful.   The warranty is a 6 month bronze package from Warranty Wise in this case, which I believe is the only option for a car over 100,000 miles.   I’m unsure as to the significance of the dealer counting 14 stone chips, but maybe this was on one of the photos close to the edge of the bonnet. I have not zoomed in, merely taken a photos of different areas of the bonnet. You can gauge the size on the photos which are closer to the front headlight area. Also, again this issue is not about the size of the stone chips, which do vary in size throughout, it is about the sheer amount across the bonnet not being as described. I did state that these were difficult to see in sunlight or at a distance. However, upon reflection I should have stated more clearly i.e. direct sunshine. I believe 2 or 3 were pointed out on the front edge of the bonnet in the video walk round. In which the dealer stated "Body work is absolutely stunning for the year, with only very minor age related marks, which we’ll point out as we walk round… Bonnet; no scratches, no dents, no damage. If we look closely, we might find the odd little stone chip here and there that have been touched in, little one there, very difficult to see. Little one there, look. So, it's got the odd little stone chip on the front of the bonnet edge, apart from that it's very very clean."   There are not over 30 emails about this, there are 12 and 11 WhatsApp messages (inclusive of the 2 photos of the body shop invoice).   From what I understand about mediation, its purpose is to negotiate to resolve an issue as timely and smoothly as possible. The last emails from the dealer stated that they had no choice but to take legal advice and pass all their correspondence to Lawgistics. With a formal retraction of all previous offers except returning the car to them for a refund, which would be my responsibility. This also informed me of the AA ADR. Followed by one stating “My apologies I forgot to include the phone number for the legal team… Bonnie is the team leader should you wish to escalate to the highest level. Please note that on taking further advice we are under no obligation to offer a refund for the vehicle.”   The dealer also stated “our car” at the end of one of his posts which is odd. It is legally my car which was purchased online in good faith.   Bankfodder’s recent comment concerning the AA does indicate he is saying the AA does not know what they are talking about.   Lastly, I am also unsure as to why anyone would want to deliberately add stone chips to their newly purchased car, or indeed how. Is this even possible?
    • As far as I can see I could just have scanned in a QR code of an unused or unreported test and declared it negative.  It is a venue asking for this and it's utterly pointless.  They'd be much better asking everyone to bring an LFT with them and randomly picking 10% out on entry to test in front of a witness
    • Each test has a unique QR code?   The UK is a joke at the moment.  People fighting over petrol at garages, because of supply issues affecting some garages.    Will we see people fighting again in Supermarkets over the last pack of toilet rolls ?   Government are blaming the media for reporting the problems .            
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Letter from Abbey re: OFT case


Destinyofsouls
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If your claim has not already been stayed the we will have written or will be writing to seek a stay. As a result, your case is likely to be put on hold until the outcome of the test case.

 

WHAT???

I thought is was the courts that decided that. I think this letter is out of order!!

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YEAH ME TOO,

I HAD ABBEYS DEFENCE LAST WEEK AND SPOKE TO MY LOCAL COURT WHO SAID THEY HAVE SENT INSTRUCTIONS FOR ME.

WHEN I ASKED ABOUT THE STAYS SHE SAID MOST ARE LIKELY TO BE STAYED BUT THE JUDGE IS LOOKING AT THE CASES INDIVIDUALLY :confused:

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I had the same letter yesterday too!

 

I think it's a ploy to get people to accept what's been offered incase Abbey end up losing the test case and they end up having to pay everybody everything back! (The letter says if you accept the offer then you're unlikely to get more at a later date - or words to that effect)

 

I've chosen to ignore the letter and take my chance in court!

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I also had the same letter this am. However I called the courts yesterday am my hearing is on 29 Aug and the judge has said it is to go ahead. Fantastic, but heard nothing from Inga and crew!! Lets see what happens next. I also had Abbeys new terms and conditions yesterday, they dont waste thier time only everyone easles!!!

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Hi there

 

I got the same letter today - and my hearing is NEXT FRIDAY!! Aaaaagh!!!! Just one more week!

 

I am only hoping that Abbey are as slow to process their stay of judgment as they are everything else. I'm really really hoping that if the stay is not in place by next Friday the hearing will go ahead.

 

They have also not sent me their evidence so technically I could ask the court to strike out the case. I will ring the court in the morning and see what I can find out.

 

Anyone spoken to the courts? Any likelihood of hearings going ahead in the next few days????

 

Also, is there any chance of requests for stays being declined? OK, I'm clutching at straws here but I really want my hearing to go ahead. :?

 

Best wishes all,

x

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I have received same letter today and feel such injustice as it suits the banks well as opposed to me, woman on the street - where is the equality?

 

My court order issued June 4th said 'A party wishing to make an application ( to have order set aside, varied or stayed) must do so within seven days of the service of this order

 

So how can Abbey seek a stay now of my legal claim? Salford said the hearing was going ahead a few days ago and I have heard nothing.

 

Also the bit in the Abbey letter about offer... 'provided you have not rejected that offer...it still stands and will be honoured'

 

If recipients of this letter had accepted earlier offers then their cases would be settled and hence no need for this letter! We are obviously at the court stage because offers have not been accepted.

 

They are aware cases will be going ahead as they say ' your case is likely to be put on hold' which means cases are still going ahead. What legal right have they got to request stays after the allocated time in directions. I don't know the answer to this but I doubt I would get the same treatment. I go on holiday on Saturday for a fortnight so all I can do is wait some more...been waiting since November 06

 

Frankey absolutely fuming

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Hello Boris Becca!

 

We posted at the same time so I didn't get chance to read yours first.

 

When you rang the court yesterday did they say that the Abbey had requested a stay but your hearing was going ahead anyway?

 

I so hope so.....

 

Very best of luck,

 

MOB

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i feel for both of you.. i am in court at 12 o'clock tomorrow.. i also got the letter today - i rang the court and they said to turn up for the case as there is no 'blanket' stay.. so as such, its business as usual!

i have read a few threads yesterday and today where abbey have sent a barrister to apply for a stay.. i sure this doesnt happen to me! although im prepared with a document, asking for the stay not to be granted.

fingers crossed for you all.. its what we have been fighting for.. and it seems all too real!

marmite x

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good luck marmite girl, egerly await what happens for you. hope its all good for you. Let us know tomorrow if you can bear it, where did you hear of these barristers turning up. id like to read about it!?

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I also received the same letter yesterday. I phoned the court this morning and was told that the hearing was still on for 17th September. Abbey have until Sunday, 12th to send me their bundle. If I haven't received it by then, I'm off down the court first thing Monday to seek a judgement, unless of-course it's one law for Abbey and another one for me. It certainly feels that way sometimes.

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Hi All

I also received this letter from Abbey today. They state the OFT test case is for in their own words "UNAUTHORISED OVERDRAFT BANK CHARGES" I have done a breakdown of my claim which is also at court stage and I found that less than 10% of my claim represents unauthorised overdraft bank charges. The other 90% was for clearing transaction charges and unpaid item fees. Can anybody tell me why they should be able to stay a case when less than 10% as in my case relates to the unauthorised charges.

 

What do you all think am I right that not all the claim is under the Tesy Case!!

DS

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Hello all

 

Good point Dsilverstein they don't mention the direct debit, standing order or bounced cheque charges which make up most of the claim. Hmm.

 

I rang the court this morning asking how long it would take for the bank's request to stay to be granted and the lady said it would go into a box to be seen by the judge and it could take days for it to be granted and they haven't received an application for my case yet. Good news for those of us with cases within the next week then if the Abbey haven't even applied yet.

 

She said unless you hear anything from the court, assume everything is going ahead as normal.

 

(not sure what is normal these days???????? :rolleyes::) )

 

MOB

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I dont have a court date yet and dont know what court it will be. Abbey were sent my claim (through MCOL) on 20th July and they acknowledged it on 27th July. I have now been sent the same letter as the rest of you.

 

Seeing as I dont yet have a court date, will this mean I dont get one and have to wait now?

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Got the same letter from Abbey about requesting a stay today.

 

Phoned Rotherham court and my case ( as I think are all theirs) has indeed been stayed!

 

Started this way back in January and my court date was next Friday. Sooo close!

 

You could say I'm ****ed off to put it mildly.

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