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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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Hi

 

I have a £2000 overdraft and I am worried that when I get back claim paid out that Abbey will then cancel if and take the money. I had my yearly overdraft review in March and it was extended for another year but can they take it away at anytime if they choose. If so do I have to pay if back all at once or will they accept a monthly payment???

 

Any advise is appreicated/

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Overdrafts are on demand so they could request it to be paid. You could try to convert it to a loan a bit sharpish.

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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Hi all

 

I sent Inga Kirkman a response (as suggested by James33) a week ago now and have not heard a thing from her since. I have my pre-lim court date in 2 weeks time and really would like to resolve this matter before then.

 

Can anyone suggest what I should do next or should I just leave it now and see what happens?

 

Also, do Abbey close accounts after they settle?

 

Thanks

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i too have had the same email as from the original post on this thread but it has been expanded over the time... it does seem to be the standard one sent.... Ms Kirkman asked me to send my files by email to her so she can look at them and offer a settlement to me... she saw my figure ,now at £16049.80p and told me to poke it, " WITHOUT PREJIDUCE". so i will now send off that great email from this thread and wait for the court date.shall i also write "without prejiduce" at the top of my letter????

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Same email here to, sent a reply of my £7200 claim and adjusted it by £200 to make it "more commercially palatable" and heard nothing back. Sent another email to her and her associates after the time limit of 14 days expired then upped it to the full amount less any extra costs due to Abbey's unreasonable behaviour. That time limit for acceptance ran out 14 days later with not a dickie bird from them. So it's now into the Mercantile Courts for EVERYTHING on the 29th August 2007 :D;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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The Abbey are playing the game of fear. Its simply a case of who backs down first. Have no dought the Abbey will back down on the day of the hearing, they have a lot more to lose than you, but they are hoping you will back down first, since they know people dont like the idea of a court room.

 

Stick to your guns, fight it all the way and you will have your full claim in the bank soon enough.

The Waiver is an FSA Conspiracy with the banks against the consumer - Complain to your MP and the FSA about their shameful act!

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Hi all

Just got a reply from Ms Kirkman (below), don't really understand what she is saying.

Any advice as to what I should do next??

Thanks

"Without Prejudice"

Dear Madam,

In view of the quantum of your claim, you are not entitled as a matter of right to the information you seek. We refer you to the Civil Procedure Rules in this regard.

Should you wish to enter into settlement negotiations, we invite you to forward an offer of settlement.

Kind regards,

Inga Kirkman

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Whats the value of your claim and have you a court date and in which track.

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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I may be wrong on this as to it's timing/allocation, but the value of this claim does not lend itself automatically to a CPR part 18 request.

 

However in your pre-lim hearing you can request an order from the Judge endorsing the request by making it an order. This can only be done in certain circumstances and I believe the Bank Charges regime is one of those.

 

I take it you sent the one in the CPR18 section on thread #1?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Hi all

 

I have a court date for 31st July - it is a prelim hearing. I have been in email contact now with Inga Kirkman (lawyer for Abbey) and her team for the past couple of weeks trying to come to a settlement before the court date. The last response from the lawyers is that my claim is too high to consider (£3500) and that I should take into account the charges I have occured.

 

I have sent them an email saying that the amount of my claim should make no difference and that when they can tell me the true cost of their charges I would be happy to pay but until such time I will be claiming back the full amount. Since then we seem to be going around in circles and not getting anywhere. The last email I sent basically said that I was happy to settle out of court but as they have not once offered me an amount I feel that I should now wait until the court date for the Judge to make his ruling.

 

I am really worried that I am playing too much 'hard ball'. I keep hearing in the press that banks are now turning up for court - has Abbey ever turned up for a pre-lim or normal hearing. Do I have anything to worry about? If they don't turn up to the pre-lim hearing does that automatically mean I have won?

 

Any advise would be greatly received.

 

Cheers:???: :???:

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Hi, keep your nerve, they are really up against it at the moment, Inga is away at the moment, try emailing ronan.coyle@ashurst.com, keep your nerve and you will get your money, you can prove that you are trying to settle, thats all the judge wants. good luck

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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congratulations!

im due in court on 10th august.. was thinking with all this test case kerfuffle things would have stopped completely.. but you thread has given me a glimmer of hope that people way down the claiming line are still getting paid out?!

hopefully not much longer now! x

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The Abbey settled with me last Monday, I got everything I wanted, did not budge an inch! Won £13,770! BUT they promised me the money would clear into my account Friday lunchtime, turns out they have paid a cheque in which will take until Wed 1st August to clear (I spoke to the charges dept on Friday who promised the cheque would clear on 30th, when I rang this morning the lady APOLOGISED FOR THE GENTLEMAN LYING TO ME ACTUALLY ADMITTED IT, I couldnt speak I was that flabbergasted). and THEN because they have put a stop on my account when I continued with my claim, I can not get at the money!!! they are going to consider taking it off if I handle my account correctly!!! I have no cards, cheque book or anything they took them back as well. I think this is a case of spitting out the dummy as they had to settle, I am off to my local branch 9.00a.m. Wednesday to withdraw the cash, probably get mugged!:)

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