Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
      • 160 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
        • Like

A Couple Of Queries ***WON!!!!!!***


Laura Cooke
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3802 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am putting the date I send items in on the draft paper

 

Still no idea after looking thorough posts what attatchemnts are to send to bank solicitors?

 

Do I send the items in or take them in?

 

Would appreciate answers if anyone can answer them for me by Tuesday afternoon

Link to post
Share on other sites

  • Replies 217
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

What date do I put in under 3. on Draft Order?

 

Should I take items to court?

 

What do I send to Lloyds Tsb solicitors? do I send them copies of everything I am sending court?

 

WOULD REALLY APPREcIATE A RESPONSE

Link to post
Share on other sites

Laura

The date is the date of your claim submission. ie; if you take it today, then today's date.

I am not an expert on what items to take to court, but I suggest you just take 3 copies of your expenses schedule and particulars of claim to the court, and ask them once your there if you should also send a copy to the defendant's solicitors ?

The court are impartial, so although they will not give you advise on the details of your claim, they will direct you on procedure rules. It is to their benefit also to make matters run smoothly.

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites

Thanks I better go to court today as your reply does not address what I want, under number 3 of the draft general form for judgement I have been unable to see any details on the site as to how to fill it in, so I have done what I think fit but it states "Defendant to pay £xxxxx, to claimant by 4pm on xxxx it`s this that I don`t understand do I put a date in there or do I leave it blank? as I have no idea what date would go in there I don`t know how long the bank get to pay up I have read no details on the site of this

Link to post
Share on other sites

Well I went to my local County Court what an ordeal the clerk said there was no such thing as "Wasted Costs" she said any costs I wanted should have gone on the original claim, I tried to explain that I couldn`t claim till after the case as I had to wait and see if LLoyds Tsb intended coming to court, she then said "Well you haven`t turned up either have you" I said I hadn`t but only because they had settled and the letter and documents I had brought with me explained this

 

She went to see someone higher up who also said I had received the charges back so that was the end of the matter

 

I asked if she could let someone see my paperwork who understood things she said she would show them a particular Judge who dealt with Banking but she said I had no chance of asking for things once the case had settled she said I had amples of time to have done this before they settled, I left bewildered and she could not tell me if the draft order was correct she said "I`m no expert" at which I replied "Neither am I" she said "Who as given you all the information and told you that you can claim even more money, I said "The web site on my stickers" she said "We have no knowledge of the internet"

 

so I have come away feeling a bit stupid really as I could not argue points when she clearly had no idea what this claim is

Link to post
Share on other sites

  • 3 weeks later...

Received this today, would apppreciate advice please at what will happen next if anyone knows.

Dear Sir Madam

I referred your letter dated 21st May to the District Judge who comments as follows: If the claimant wishes to claim costs he should attend the hearing and make his claim. He should send copies of his application to the defendant in advance of the hearing

 

Will the LLoyds Tsb know about this hearing or only if I let them know, what will I have to do apart from send the paper work? and should I send the paper work to their solicitors or the bank?

Link to post
Share on other sites

Hi Laura

:p

I really wish i could help with all your questions, but i am not really in the position to offer advice in regards to this as i have only just recieved form N244 from the court, in which to apply for a wasted costs order.

My court have told me that a hearing will be required and as yet i havent really made a decision as to wether to go through with it. I want to out of 'principle', but not sure i can be doing with the added hassle at the moment.

Keep an eye on GaryH thread. He has his wasted costs hearing soon and will therefore be able to better advise.

XxXxX

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

Link to post
Share on other sites

  • 2 months later...

Went to court on Monday for the wasted costs orders met up with a lot of others doing their bank claims solicitiors representing HSBC & Abbey were trying to put a stay on the cases there to see what the outcome is going to be of a "Test Case" so looks as if banks are fighting back several people had not even turned up so had been frightened off, it is a daunting experience, I advised a couple of people who were there and told them not to accept a stay due to the stress they had already been under, one lady I advised was taken into a back room the Abbey settled their and then after a phone call

 

HSBC had not sent in the court bundle on another case so the woman won that

 

Anyway my claim for wasted costs was £340 the judge said he was fed up of LLoyds TSB in particular wasting peoples time he said he was disgusted to hear that we`d had no response to the letter to tell them we were applying at court for wasted costs he said unfortunately he could not award more than a 3rd due to rules so awarded us £130 he was very nice and kept us no more than 2 minutes

Link to post
Share on other sites

Well done Laura !!

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites

  • 3 weeks later...

Well the deadline for Lloyds Tsb to pay my son his wasted costs came on 3rd September I rang the court and told them son had not had the money go into his account they told me to ring Sechiari Clark & Mitchell and to tell them they were to pay immediately or enforcement proceedings would be taken, I didn`t ring them I sent them recorded delivery letter telling them failure to pay the costs "Forthwith" would result in enforcement proceedings, they would have got the letter on the 10th September on the 12th September the £130 wasted costs amount was credited to sons account so that concludes our state of affairs with the bank charges, thanks once again for help and advice given by the members on here

Link to post
Share on other sites

  • 1 year later...
  • 4 years later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...