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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
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    • 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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Battle with Abbey


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Hi my name is Rebecca bill, I am trying to retrieve money back from Abbey, im trying to claim £16,000 including intrest. They have so far given me back £2,500 as a gesture of good will, and i am taking then to the court fot the rest. They have told me they will see me in court, and i have just got my court date through, 2nd May 2007.

Has anyone been in this position? Has anyone yet been to court? And has anyone got any experience in this?

I am closely involved with the Daily Mail, and local South East news, who are quite intrested in my story. But getting very nervous, as i am going ahead with this on my own!

Await for any help!!

thankyou.

 

Rebecca

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Thank you very much for replying so soon, its taking me a while to find my way around. I looked at the Abbey forums and yes, it all sounds very familiar, right up to where I am now. But looks like I need to start preparing bundles, which should keep me busy between now and the 2nd May (court date). I dont think I gonna bother calling Abbey at this stage, seems pointless. they will obviously see it through to the end and it costs a fortune, each call! Speak soon and once again thankyou. Rebecca

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  • 4 weeks later...

sorry its taking me so long, i have 3 kids and problems, but really need your help!Only one week away now! its a pliminary hearing, the wording it " Take notice that the pliminary hearing will take place on the 2nd May at 2pm, at Tunbridgw wells court, when you should attend. Ten minutes has been allowed for the pliminary hearing"

thats all it say, however Abbey have appleid to have it struck out of court, and they believe this will happen at the pliminary hearing. i foolishly thought that because i got a pliminary hearing, that automatically ment that it hadnt or wouldnt be struck out of court! Silly me! today i rang them, they told me i would see them in court, with a their barrister. is this normal? Money made up of £13,296.74 in charges and the rest is intrest, bar a few pence! have printed off all intrest charges and how they are made up, should i get a soliciter, what should i do? Do u think the judge will listen?

Am very nervous, await your reply.

sorry for THE MASSIVE delay!

kind regards

rebecca

x

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tonight, I have been going through the Abbey threads and feel worried that no one easle had the the request to the judge to have ther case struck out of court, can you name anyone on the threads I can relate to? Today it was Inga I spoke to and I have spoken to James, didnt know they were so well known! Been reading Mad nicks thread! I need to really prep up and sort my life out with this, and get together a really good reason and argument for MY MONEY. pLEASE help ME. Not gonna sleep tonight!! Rebecca

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well, I found loads that have been struckout. ****, I think I have made a blunder, I should of sent my statement or spreadsheet of 8% interest with the copies of highlighted statements to Abbey, and I havnt!!!???

Although I have told Abbey the amount I am claiming so far is £13,296.74 and will forward the interest charges. Am I too LATE? i HAVE DONE IT ALL . but not sent it. If it gets struck out can I re instate it. Cant wait to hear from you, I have been too laid back about this. :o :x:confused:

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Thankyou, so much for replying, i wish I hadnt left it sooooooooooo long. I reckon they are scaring me alright!! I will do my best to get back on track with some help from all you kind lot.xx

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started off with standard letter from bbc.co.uk, 6th feb 07, with £10 payement.11th jan response letter, standard. recieved through statements for the last year but not microfiche x3 times. I assumed this was delayind tactics and after many calls decided to go to court. opened up parachute 1st. I have lost the 1st form n1 that I used to file my claim, but because I had no 6 year statements I asked the court if it was ok to file an unspecified amount on the basis that last years charges came to approx 4 grand and x by 6years . so this is what I did. just called the court to obtain copy of my n1 form. So my claim was issued on the6th Feb2007, stateing NOTICE OF ISSUE(UNSPECIFIED AMOUNT) to the claimant. Then I recieved NOTICE THAT ACKNOWLEDGMENT 0F SERVICE HAS BEEN FILED. DATED 9th. 21st Feb a judgment order to me .I upon the court finding that the particulars of claim are vague and incoherent the claimant is orderdto file and serve within 14 days of this order an amended particulars or the claim stating the pacific amount claimed and what this represents and why the claimant claims that by law this amount is due to her from defendant. unless the claimant complies with this order the claim will stand sruck out. So I recieved my statements !! highlighted got the amount of £13296.74 and esnt the figure and copies to the judge with a covering letter explaining why I was unable to do this previously and a wriiten statement about the charges being unlawfull etc and that I wuold be adding on 8% charges in due course. 2nd Mach abbeys defence came through , 2 pages of jargon to worry me.5th March NOTICE THAT DEFENCE HAS BEEN FILED and an allocation questionarre to fill in did so and sent off, Also sent abbey letter comfiming charges amount not including interst sent 9th march . I have copy of this.I then recived throgh NOTICE OF PRELIMINARY HEARING notice to the claimant stating what I wrote in previous text nothing more. dated 21st

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Thought so,, cannot find a copy of abbeys file for case to be struck out , called courts. there apparantly isnt one!Inga said its on their application, I do not have a copy of this either and the court have no application either. This i8s something they plan to do at prelimanary! More scare tactics I dont know what to think anymore!?? Anyway gave them my E mail address and sending 8 % interest charges to Inga by E mail today. soory I missed aletter recieved from Abeey dated the 9th feb asking me to show schedule of bankm charges and stating "As you will appreciate, you will need to produce evidence to the court regarding these amounts,and this info SHOULD have been supplied by you when you filed your claim. we would be gratefull if you would provide such details as soon as possible." Which I did as you have already read. Well what do you think? This A>M i was on southern counties radio live who are following my story and I a man called in and said he had the hearing set aside and one 26,000 by filling in a form 244, what do you think I could get an application form to do this or too eager and jumping the gun?? I wait to hear from you, thanks sooooooo much Becca x

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hi, there, thankyou, youve kicked me into shape! I have faxed all you asked apart from the breakdown of charges. not sure about this statement of facts (poc) sorry I sound pathetic. Im hope you recieved all the fax work, some of it repeated I know , dut I lost count of wot I had sent so had to start again!! About par for the course for me! Yes, Inga said it was in the questionaire, I have spoken to the court today and they have no formal order requesting stike, sounds better. can you let me know that you got the faxes? thanks so much Gary.

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sorry, been out with family. n1 form used, not internet. only other website used for 1st template letter was bbc.co.uk, financial. cant remember what i put down for my statement for my perticualrs, i have already calle the court and asked for a copy, whoever i will ring them tomorrow and ask if they can tell me over the phone. Yes ine of the letters you have is my reply not to have it struck out of court. i offered my statements when i went in, but they said the judge would ask for that at the pliminary hearing, obviously it hasnt been struck out as i still have the hearing, and i phoned to double cheak, before getting the date for my pliminary hearing. i hope this helps, do you think Abbey are likely to settle before the pliminary hearing?

its only on wednesday and i am getting quite nervous, thankyou so much, im on the internet for the rest of the noght if you need me.

Rebecca

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Thank you Gary, this really is all very helpfull and will get to work srait away. However, Am confused only over the fact that the court when \\\I called on fri said thry had recieved no request or order to have this case sruck out or set aside, I have no evidence of this either, So Abbey will go in on wednesday and will request to get it struck out then, is that possible for them, or too late, just so I know? Regardless I will be ready with evidence and paper in arms, to hopefuuly backfire their cunning plans. !Rebecca

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o.K iHAVE PRINTED AND FILLED IN WERE NESS THE STATEMENT OF EVIDENCE and draft order for directions, x3 got all staements showing charge ,type date and how much and 8% interest spread sheets x3 anm memorizing my standard facts for doing this, also read the recommended threads and more! Feel better, more confident, I thank you very much.No I have not heard from Kate as yet. Rebecca:)

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Wonderfull, have got ringbinders,will do all that youn say later today, have just heard from kate, FANTASTIC. thankyou. regarding my paperwork, just shread it for me. Just so you know the preliminary is on wednesday 2nd. WEDNESDAY@ 2pm. :o

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Thankyou Jhonny, i appreciate your post! i feel more confident now. I have to say this site is amazing, i will keep you posted how i get on on wednesday.

Gary thankyou so much fr your help, i have been liasing with Kate as you know, and have got all my documentation done! Will also keep you posted.

waiting in anticipation,

rebecca

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  • 2 weeks later...

AAAAAARRRRRRRRRRRRRRRRRR!! |Not been able to usu computer or do anything in my house, have had awhole new ceiling pulled down and re plastered. Stress levels rather high!!! Firstly I would like to say what a kind and helpful woman Kate was last week, I learned a hell of a lot from her and gained greatly in court from her support and knowledge. THANKYOU> . Gary, hi to you too. UNfortunatly nothing has come through from the court yet as soon as it does I will let you know. I had conversation with Inga today about settleing out of court! However they will not settle full amount as there have been a defalt and told me to go away and think about a figure I might settle at!!?? Not sure about this could really do with dosh, but not outdone! What do you think, she said Abbey cases are being held in court at presesnt, and this will go ahead, is this so?? Be back later, Rebecca

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Yes, thankyou both, I will not call again. see them in courtn if nessacary! When will Abbey learn tho!!!??? Halifax are coming to agreements over the phone, without statements, they will tell you the full amount of charges too, may not pay full amount tho, but better aproach, far less time waisting. Rebecca

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thankyou noobrider, I am gonna stay cool!!... for now! Yor all fantastic , thankgod I have you all to talk to. I am awaiting court date now, called court today to see if they had sent it out since the prelim. They had a new defence subbmitted by abbey today, could that in anyway of changed to disadvasntage me in veiw of the lloyds case?? I am probably being paranoid but as you have said, "if you dont know, ASK". I really dint know what I was doing and should of got help fisrt, NOW, i need to get this spot on. Thankyou Gary too you must be a very busy man.

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