Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

Ivan v Abbey/MBNA **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6027 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

Thanks for that i sent the letter about 10 minutes before i checked the site and sent it the adress on the cover letter. That was a Abbey address so I will see what happens. Thanks again.

 

Ivan

Link to post
Share on other sites

  • 2 months later...

Hi all,

Started to move with the claim how, I got my N1 form back today with the seal and dated the 26th Oct. I’m starting my research and have a couple of questions.

Am I right in assuming that I will receive a separate notice of issue or does the N1 form with the seal on it make it a notice of issue? I have had a look at the sample on the web site and it’s completely different.

I will assume that they offer a defence and that I will have to fill in a allocation questionnaire. Looking at the template for form N149 in other information you put the copy of ‘the daft order for directions’ reading these it seems that I would be telling the judge what to do, am I being a bit silly or is this accepted my the courts.

Sorry if I sound stupid but I do like to be prepared for the next step before I have to fill in the forms, that’s why I’m doing a lot of reading up.

Ivan

Link to post
Share on other sites

Hi iavn

 

You will get a seperate notice of issue (N205A) if you let the court send your N1 and POC to the Defendant. I'm not sure if you get one if you sent the claim to the defendant.

 

When you send in your AQ, attach the draft directions to the questionnaire with a note in section G "the claimant respectfully suggests that special directions may be made as per the attached draft order"

 

 

Link to post
Share on other sites

  • 2 weeks later...

HI All

It might be a bit late now but when I made my claim I only claimed for the charge and the 8% interest under the county courts act from the date that the charge was made. I was a bit unsure about adding any other interest so I did not bother.

Since reading up on things am I right in thinking that I can claim from them the penalty + interest on that penalty at their current rate of 23.6% + the 8% court interest. For example over limit charge applied on 12/10/2001 of £18.00.

£18.00 x APR 23.60% = £47.23 + 8% Court Interest £18.00 x 8% = £10.73

Total = £75.96

What’s this interest called?

If I am right can I add it to my claim or am I being silly?

Ivan

Link to post
Share on other sites

HI all

Just a bit of an update.

The little monkeys at MBNA have just done the right thing and PAYED ME OUT IN FULL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I am going to try and PM a mod, if it does not work can you alter this to a won thread please, make a donation and then a pint.

For everyone’s information here’s my time scale and if you’re having second thoughts don’t give up guys and good luck.

SAR 15/7/2007

Statements 6/8/2007

Request for money 14/8/2007

Fob of letter 24/8/2007

LBA 5/9/2007

Offer 27/09/2007

Refused offer 01/10/2007

Sent back offer 24/10/2007

Sent N1 form 24/10/2007

Deemed served 2/11/2007

PAY OUT 13/11/2007

Good luck and cheers

Ivan

Link to post
Share on other sites

Well done, Ivan!!!:)

 

MBNA must be the most ignorant of all the cc companies, but - as many people have found out - the easiest for getting a RESULT. :)

 

Once a claim gets to the court stage I seriously doubt that they even look at what or why you're claiming, but simply PAY OUT!!!:)

 

BAE

Link to post
Share on other sites

Well done! Just in time for Chrissymas :D

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

Congrats Ivan!

 

Once a claim gets to the court stage I seriously doubt that they even look at what or why you're claiming, but simply PAY OUT!!!:)

 

BAE

 

 

LOL

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...