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    • 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
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us v the Abbey for £7,500***WON***


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Hi Jo,

 

I would keep that seperate as you can always claim them after you have sucessfully beaten Abbey the once!

 

You could contact the court and ask about putting in a revised schedule of charges. However this costs money and can confuse and delay your original claim.

 

By all means though give Abbey a call and ask them what they are for!

 

Best wishes

 

Leecabs :)

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Im sorry I got a bit confused didnt realise you meant refunds durr!

 

Sorry was having a blonde moment well I would proceed with your claim with your original schedule of charges!

 

You need to send a rejection letter stating that you can only accept this money as part of your full claim. Read the below section on rejecting offers:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Sorry if I confused you, just keep at them!

 

Leecabs:o

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Hi again Jo,

 

I would fire off a pre-emptive rejection letter for the total amount of these refunds by special delivery.

 

Not sure if you touch the money whether that is deemed as acceptance, as long as you dont touch until your rejection letter has been recieved by Abbey I think you should be ok.

 

Its annoying but I would imagine you will get a letter from Abbey regarding this by tomorrow or Monday by the latest.

 

Bottom line for now I would leave a minimum of the total amount of refunds (£430) in the account, just until Shabbeys intentions have been made clear.

 

Has anyone else got some advice for Jo regarding this situation please?

 

All the best

 

Leecabs:)

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Have you sent a the Prelim letter and your Letter Before Action (Steps 2 to 4) yet? Ignore there stages and stick to the ones listed in the below step by step link:

 

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

 

Dont forget to get that rejection letter fired off asap.

 

Go get them!

 

Leecabs:D

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You go Jo!

 

Hey least you got a bit back I havent had so much as an offer of £1 let alone £480 yet!

To be honestI hope Abbey just sleep walk through my claim and forget to acknowledge and then forget to defend (Fingers Crossed)

 

Take care :)

 

Leecabs

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Hi Jo,

im sorry the Shabbey are being so awful to you makes me so :-x :-x :-x

 

I have had no trouble with Shabbey so far touch wood, but I have moved all my direct debits, pay check to my new Barclay account.

 

If I was you I would leave the account dorment moving all DD's etc asap its best for you. I have just moved my last one which is for my Abbey Loan which is for a loan for £7500 which surprise surprise is around the amount they charged over the years cheeky beggers!

 

Remember the only reason they are doing this because they want to rattle you, keep going and get back all you deserves.

 

Big Hug of Surpport

 

Leecabs :)

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Hi Jo,

 

When you submit your claim you must make sure you put in the correct charges, if you want I can take a look at your charge form send me a PM with your e-mail address.

 

I would only claim back to June 2001 up until present day (6 years), the main thing is you claim the correct amount when you enter the N1. I think a seperate claim would be best for the earlier charges after you have completed the main one, otherwise things could become more clouded leagally.

 

Regarding the amount on the LBA being different to the N1 claim does anyone know if this matters I dont think it does?

 

Cheers

 

Leecabs :)

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Hi Jo,

 

sorry was off work yesterday had the gas man coming round and all that Jazz. I think your brave going ahead with all the statements going back as far as they have sent you! But go for it remember you can always do a 2nd claim for after 6 years if all the legal stuff gets to much.

 

Did you get itemised bank statements as the charges should be shown on the them as it is a transaction from your account!

 

Nearly everyone bases their claims on the statements sent to them by Abbey and the microfiche data. What ever happens Abbey have sent you this information so it must be correct, ignore the old statements as I had some where they didnt put the charges on yet they showed up on the micro-fiche.

 

Try not worry and keep at it you will be fine!

 

Leecabs:)

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Hi Jo,

 

good to hear your going ahead with the claim, I wonder if you had put in the N1 claim already would you have had to take off the charges paid back to you once it was in?

Or would it stay the same still stacking up interest on what they put back?

 

All the best

 

Leecabs:)

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Hi Jo,

 

it seems strange they have done nothing like this to me, then again they just seem to be ignoring me no offer so on.

 

I would have said had you put the N1 claim in already they may started doing this out of abuse, but seeing how they have not even been issued with your claim yet I cant see why they would.

 

Has anyone else had experince of abuse from Abbey before the N1 claim form????

 

Sorry I cant be of more help as I havent been in this situation as yet touch wood.

 

Can someone help Jo please?

 

Leecabs:(

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LOL Hi Jo,

 

Sorry been very busy at work had not time to talk, well everything seems to be going ok for you now.

 

Dont worry about that Prelim list of charges, the court will only really focus on your claim form and the most up to date list of charges. The main thing is you had the amounts correct when you submitted the claim.

 

Im getting nervous myself waiting to hear back from the court about what they intend do next. I hate sitting here twiddling my thumbs waiting for the some action.

 

Keep in touch Leecabs :)

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  • 3 weeks later...

Hi Jo,

 

just got back from my holiday Abbey basically like to slow it down as much as possible it drives you bonkers, im afraid they are absoloute W*!#ers!

 

Hope you have a lovely holiday x Lee x

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Hello Jo,

 

Flying ants were all over East London! I had to put my window wipers on because I had about 20 on my windowscreen they seem to swarm once a year when the humidity is just right YUCK!

 

I like frenchs idea about microwaving them LOL

 

Hope you didnt get any post today

 

Leecabs x x

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LOL this is like a carry on!

 

Lula have you got any tips for cleaning shower screens mine just wont stay clean!

 

1 minute till they tell you the computers are still down LOL!

 

Fingers toes and elbows crossed third time lucky!

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