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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 
      • 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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Reka v Abbey ***WON IN COURT!***


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THANKS CAMDENITE

YES THEY SAID THE SAME TO ME BUT THEY HAVE CLOSED MY ACCOUNT ONLINE AND I TRIED TO GET A BALANCE FROM THE ATM AND IT SAID TRANSACTION CANCELLED,SO I'M ASSUMING THAT THEY WILL HAVE TO PAY BY CHEQUE

 

CHRISSYB:roll:

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Due to the test case that is being brought to high court, Channel M are doing a programme on "Bank Charges". A film crew is in its way over to my house as we speak, they are due to be here at 11am, i am not sure if its going out live or going to be a full feature.... will post back when i know more.

 

Its about time there was a definitave rulling!

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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LOL you are going to be doing DIY shows next lol, and 11 AM thats when the cricket starts!!!! but the outfield is still wet so it will be a bit delayed, so I will tune in at 11am, (6 mins time) and see what is happening :D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Okies, Channel M interviews are being aired today at 5pm and 9pm, they are not the same interviews, filmed another 2 today.

 

I need to go and feed the nicoteen monster now after that!

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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Hi all. Does anyone know the implications of today's test case? Surely the fact that banks have settled prior to court means that they are in the wrong? Ronan at Ashursts asked me to call today but I'm not sure why...

 

Can't get hold of him. Wish I had settled for what they offered now. B*gger b*gger b*gger.

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hmmm, Ronan wants to contact you, that could be interesting.

 

I think (pretty sure) that the test case's will go in our favour. The charges may get set for a nominal amount...eg £5, meaning you will get the difference.

 

Ronan may be offering a last minite settlement, or advising you that all claims are suspended. Please let me know what Ronan says as i am curious as to what their game plan will be!

 

If hr offers to settle for an amount less than what you wanted, i would ask him for 48 hours to concider his offer. It may be a way to get peeps to settle for very small amounts? I put nothing past them

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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LOL you are going to be doing DIY shows next lol, and 11 AM thats when the cricket starts!!!! but the outfield is still wet so it will be a bit delayed, so I will tune in at 11am, (6 mins time) and see what is happening :D

 

Rofl @ DIY shows, well i havent been approached by the naughty channels yet, but anything is possible, if they pay me enough :-D

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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Due to the test case that is being brought to high court, Channel M are doing a programme on "Bank Charges". A film crew is in its way over to my house as we speak, they are due to be here at 11am, i am not sure if its going out live or going to be a full feature.... will post back when i know more.

 

Its about time there was a definitave rulling!

 

Hi Reka

How did it go with the TV interview and do you have a link for it!!

 

Did you get Abbeys new Terms and Conditions today!

Regards

DS

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Hi Reka

How did it go with the TV interview and do you have a link for it!!

 

Did you get Abbeys new Terms and Conditions today!

Regards

DS

 

TV interview went well, was about half an hour long. The 5PM news just had snippets of it but this evenings one should be longer..... no links to it yet but i did watch the 5pm one.

 

I no longer bank with the Abbey so didn't know they had new T&C's, what changes are in them in relation to charges?

 

I just hope these test case hurry up and make reclaiming chatges a mere formality.....

 

Reka(sam)

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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Hi Sam

 

Yes my claim with Abbey has a court date for 16 Nov and according to the word out on the street, the courts are likely to stay these court dates pending the outcome of the TEST CASE. It will not affect Credit Card claims nor Business claim and I should think it will not affect Mortgage claims. Which means that I may have a very long wait to be settled but the interest is mounting!

 

I should not think that Abbey or HSBC will settle our claims in the near future. So I will dig out the old Mortgage files and have a go at these. As the courts won't have anything to do over the coming weeks if they stay all the bank charge claims. There could be a lot of money tied up on the old Mortgage claims so I will start the digging this weekend....

 

If you can get a link to the news story that you did that would be terrific.

 

In the new T & C's they state "FAIR FEES POLICY" when have they ever been fair! I cannot see any charges perse' they will charge a monthly fee if you go overdrawn depending by how much, so for instance £0-£9.99=£5

£10-£19.99 = £15 £20 - £29.99 = £25 and over £30 = £35. + on top of that £25 monthly overdraft fee if you go over the limit. They have just re-vamped their charges and styled them differently but it all boils down to the same thing.

 

My Hubby has just picked up a Hemscott Financial report about the bank Charges Test Case and this chap feels the Banks will have the OFT backed into a corner. So I just wonder how this is going to work out for us the consumer.

All the best

DS

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Did you get Abbeys new Terms and Conditions today!

OMG, don't tell me....... exactly the same charges are no longer damages payable on breach, they have magically morphed overnight into not-at-all-unlawful-your-honour fee's for "informally requesting" overdraft services!!!:rolleyes:

 

We can expect the defences to follow suit any day now then!

 

It won't wash, Inga!:p

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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ROFL@ their new charging regeme... i am suprised its taken them this long to change them..... as it was the obvious step for them to make claims a "little bit trickier" as you would be reffering to 2 different tarrifs.

 

Masked panalty charges aont wash at all.

 

Abbey have stated that they are not going to settle any claim now untill the test case is heard.... so let the interest mount up.... :-D

 

DS, good luck with the mortgage account. I was going to start on mine a while back... but it got shelved for the time being..... although with mine they did not withdraw the charges but added it to my mortgage balance....meaning i will be paying interest on those charges for the next 17 years!!

 

I am curious with the test case's as to whether a Judge can set an amount that he thinks is a fair amount for charges, or will it be black and white?

 

Lets hope the go for £2 for breach of contract :) or unlawfull full stop without complete disclosure!

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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Hi Sam

Even if it is £3 or £4, by the time they get to this the interest would have accumalated massively. Also, I just read on another thread that if the courts are going to stay the court cases then the banks should stop charging the customers untill the TEST CASE has been heard and settled. That way they would not want to drag their heels in this test case.

 

Abbey did infact offer me arround 65%, which I have never written back a rejection letter. I understand that all offers on the table before this anouncement yesterday still stand.

DS

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.

 

Abbey have stated that they are not going to settle any claim now untill the test case is heard.... so let the interest mount up.... :-D

 

 

 

I would love to hear them tell a judge that

:madgrin:

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I would love to hear them tell a judge that

 

But the courts it seems are going to stay court cases for the time being at least untill the end of the year.

 

Any offers that Abbey or any of the banks have made and have put in writing will have to be honoured according to either the FOS or the OFT (can not remember which). In my case which is pending a court hearing and now might well be stayed untill the end of the yaer at least, Abbey did offer to me roughly 65%, I have never officially declined this and may well decide to take this!!

 

DS

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They are not necessarily going to stay all claims automatically, if you are unsure then email the courts and ask the question, you will probably find they are mainly continuing as normal, the BANKS have said they will be requesting a stay, which is largely what they do know anyway, BUT the courts still have to agree with this stay and that has never been guarenteed to go either way, i dont really think we are any worse off than we were yesterday.

 

I wont be taking any reduced offer as this is exactly what the banks want us to do, they are starting to spread panic where i believe there is no need.

 

The courts would be crippling thmselves if they stayed every claim until the end of the year as they wont then be able to cope with all the claims they had stayed

:madgrin:

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Icy

I am not going to temp fate by emailing the court, they have not been that helpfull on my claim. I will just have to wait and see for the next 4 months and in the mean time I will carry on claiming.....

ds

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DS, i agree, do nothing except what the court tells you to do. Like you said they have to honour the offer made to you, but you do not have to ask them to honour it untill you know the outcome of the test case. That way you can see which is more beneficial to you.

  • Haha 1

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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Sam, that is very true, just looked up the offer it was 65% of the charges without any interest, it is worth just under £3K, against almost £7K so yes I can afford to hang on and wait the outcome. The only thing is their offer was on a without predudice basis!

DS

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DS, i would presume all their offers are written "without predjudice". It is still an offer and you have it in writing. So the offer should stand.

 

Also, i was told (by a barrister) that i could include "without predjudice" letters in my court bundle where an offer was made that could be argued not to be a genuine attempt to resolve the claim. You may want to check that for yourself as i have no legal knowledge myself.

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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Hi Sam

I read yesterday that Abbey will be writing to customers where an offer is on the table offering them a chance to accept it with in two months or wait the outcome. I have also read somewhere that this OFT Test Case in only for unauthorised overdraft fees and not for any other type of fee, it is also my understanding that it does not cover credit cards, Business accounts and Mortgages charges. The advice is to detail the charges claims on two separate spreadies, one that can go forward now and onwards to court and the other can be sent in to the bank registering a claim against the outcome of the Test Case.

 

Untill Abbey write to me further the offer is still there as there were no time constraints when they wrote that letter. But maybe because I have started a court claim they may not feel the need to write to me again!

 

 

I will re-look at my claim and decipher what amounts relate to unauthorised O/D and what proportion relates to actual charges and re do my spreadies accordingly, because if the Courts want to make a stay on the forthcoming hearing set for Nov 16th I think I would have good case to argue that not all of the charges relate to the test case.

 

All the best

DS

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The case relates to all current account overdraft fees - including DD refusals, etc. It doesn't effect credit cards, mortgage fees, or business current accounts.

 

If they've made an offer and you accept then they'll have to honour it, whether it was made WP or not - you may be able to sue them for breach of contract otherwise.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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