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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
      • 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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Cassie v Abbey *** WON ***


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Hi

 

Just staring this thread as advised by bitingback and happyolddog.

 

Thanks guys - don't feel so lonely anymore.

 

Still waiting for something (or nothing) to happen.

As I said I have started court proceedings and the sattus is "issued". I've heard it takes 5 days for it to be served - the issued date is 28th Feb.

So I presume the "served" date is 5th March? How long then do they have to respond? I'm thinking 14 days can someone confirm please.

 

Any advice is greatly appreciated.

 

Good luck to EVERYONE

 

Cassie2006

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Hi cassie,

 

your timescale is the same as mine....issued 23rd Feb, deemed served 28th,acknowledged 2nd March,28 days from service date to file a defence.

Good luck with it and I'll follow your thread with interest!

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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Hi Cassie,

 

Found you again, if you have any questions along the way post them here and I will try to help.

 

If you need any quick answers try the live chat room as there are usually some knowledgable people in there.

 

They should acknowledge the claim and as a rule of thumb allow 33 days from the claim being filed by you to the defence being filed.

 

Keep the step by step instructions handy link here

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Let us know how things progress and believe me you are not alone.

 

Regards

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Hi charleyfarley

Seems we're on the same time scale - I'm waiting with bated breath!

 

Glad you found me bitingback.

I've read so many forums my mind has gone fuzzy! How do I get on the live chat?

 

Pity we can only go back 6 years..................

 

 

I raised 2 children on my own, always worked and life was/is a struggle - thanks to the banks my struggle was, somtimes, unbearable.

 

I know I should have "kept track of things" as I've been told a million times by well meaning relatives:roll: but as we all know it's not always that easy.

 

Anyway, now's is my chance to fight back:mad:

 

Good Luck to everybody

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Hi Cassie

 

To find the chat room, there is a blue menu at the top of this page with a "CAG Chat Room" button on it.

 

Click that and it will load up for you.

 

See ya later maybe!

 

Regards

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

[

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Hi cassie,

 

Re your comments about "keeping track of things" and well-meaning relatives, some people know absolutely nothing in this life and they sail through without a care in the world, but for many others life is tough through no fault of their own and try as you can things don't go right for you.

 

So this is an opportunity for a bit of self-help and it feels bl**dy good to be able to fight back like this. I hate the word but "empowering" is the only description for it, so keep going and good luck :)

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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Anyone help? :confused: :confused:

 

My clain hasn't changed since I filed it online.

 

It just says "Issued 28/2/07"

 

Should anything be happening. I keep hearing the phrase "Served" - when will/should this happen?

 

I'm in "no-mans land" at the moment - should I be doing something...........???

 

Good Luck to Everyone:)

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Hi again Cassie,

 

I used the N1 hard copy version when I filed so can't really comment on the MCOL.

 

Quick question, you did send sched of charges to the court?

 

Sorry I can't help more on this but you could give them a call on

 

Customer Help Desk Money Claim Online

The Customer Help Desk can be contacted for support between 9:00am to 5:00pm, Monday to Friday on:

Tel : 0845-601 5935

 

Sorry to keep you in suspence till monday, but please let me know hiw you get on.

 

Regards

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Hi bitingback

 

I didn't sent attach the schedule of charges to the claim as I didn't know how to!!!!

 

I thought I would be able to take/send them at a later date - although I have sent them to Abbey twice (enclosed with the original letter asking for my money back and then again with the letter threatening court action). It was at that point when they didn't respond at all that I went online and started the claim.

 

Have I been too hasty:confused:

 

Will this jeapordise my claim??:confused:

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Hi Cassey I am two days ahead of you so I will keeping an eye on your topic.

 

Sorry I can't answer your question about it being served I done my claim at my local court, but on the paperwork from them it just reads:-

 

Your claim was issued on the 21st Feb, the court sent it to the defendant by first class post on the 21st Feb and it will be deemed to be served on the 23rd Feb. The defendant has until 9th March to reply.

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Hi Cassie,

 

Follow this link and see the second post, don't think there will be any problem but best be sure.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

Regards

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Hi bitingback

 

I didn't sent attach the schedule of charges to the claim as I didn't know how to!!!!

 

I thought I would be able to take/send them at a later date - although I have sent them to Abbey twice (enclosed with the original letter asking for my money back and then again with the letter threatening court action). It was at that point when they didn't respond at all that I went online and started the claim.

 

Have I been too hasty:confused:

 

Will this jeapordise my claim??:confused:

 

Hello Cassie

 

I thought exactly the same when I put my claim in! Don't worry, just send MCOL a copy of your schedule now, with a forwarding letter asking them to put it on your file with your claim.

 

It definately won't jeapordise your claim!:eek:

 

With regards to your other worries, MCOL should have been in touch and given you the information of when your claim was issued and when they deem your claim to have been served. Have you received a 'Notice of Issue' ? All that information is on there. If not you should receive it soon.

 

Then you'll receive a 'Notice that Acknowledgement of Service has been filed', with a copy of the shABBEY's response to your claim.

 

After that, the shABBEY will put in a defence on the 28th day!!!! (Yes, they leave it that late!)

 

Then, MCOL will transfer your claim to a court near you, and will send you an Allocation Questionaire for you to fill in for a Judge to look at your claim and allocate it to the right track. Don't worry about this at the moment, there's lots of help on here to help you through!

 

I've been through exactly the same emotions and thoughts as you have had, and I started my claim last June, and I even waited 15 weeks for a court date after I put my AQ in!!!!!! Now I've had the shABBEY's legal bods phoning me to settle on Friday just gone, and hopefully I can finish off my negotiations with them this week for a full settlement!:D

 

You've just got to be patient, and keep at it!!!!!!!! You'll get there in the end!

 

Phil:)

This is only my personal, honest opinion!

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Thanks Guys

 

Phil - no I haven't received anything since I started the claim, I guess I'll just have to wait - why is it taking so long - I've read so many threads on this site and on moneyclaim and a lot of banks are settling within weeks - I know Abbey are not among them though :mad:

 

Good luck with your claim - keep me updated.

 

Regards

Cassie

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Hi All

 

Well, I sent my schedule of charges off to the court today with the letter asking them to "kindly attach it to my claim".

 

Thanks for the advice guys. After Sev vs Abbey's experience (have you seen it??:shock: ) I really don't want to loose through ignorance!

 

Remember we have to dot the i's and cross the t's ;) ;)

 

Still haven't heard anything from the court or Abbey.

 

Thanks again and good luck to everyone.

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Hi Cassie,

 

Glad things are back on track again and don't see any cause for panic.

 

Good Luck

 

BB

 

 

 

Any advice offered is my own opinion and if in doubt I would always recommend getting a second opinion.

If you find it useful or helpful please tip my scales.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Hi All

 

Any comments on this................

 

I had a GOGW from Abbey on 31st Jan offering me £323 "which would be credited to my account within 5 working days". Don't know where they got that figure from...... my claim is for over £4k plus interest!!

 

Anyway, I continued with my threat of court proceedings as they hadn't given me a satisfactory response to my second letter.

 

My statement has all the Miscellaneous charges they credited to my account on 1st February and they total £282.02................. I will copy their letter and a copy of my statement for my bundle.

 

What planet are they on...............perhaps they can't add up:oops: :oops:

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Hi Cassie

I received a GOGW before the LBA stage but am now at AQ stage. I think they go through stages of what to do when so to confuse people who are using this site looking for the easy step by step. The day i handed my AQ in i got home and got a standard letter saying "with ref your letter dated 14th Dec this was our final offer". Gave me a laugh mind as they already submitted their defence. Dont think they talk to each other.:rolleyes:

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Case of:

 

"Left hand doesn't know what the right hand is doing".:confused: :confused:

 

We cal all play that game.

 

They have so many "exoerts" I think thye're going round in circles!

 

Hang in there everyone - We're in the RIGHT:) :) :)

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Hi,

No shudnt be doing anyting at the mo. Their next step is to defend which they will do at the last minute. Then its the Allocation Questionnaires.

Prob just read around the Allocation Questionnaire stuf in the step by step, decide whether to use the old strategy or new strategy so ur prepared for when it drops thru ur door.

 

Tink x.x.x

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