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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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TALLING Vs LLOYDS TSB *****WON*****


curlychic
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could move my thread please

:-D

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

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Congratulations Kellie - so pleased you've won. Have been coming back to your thread over the last few days since I joined CAG. I also hope you'll stay around to encourage the rest of us. Wishing you lots of luck with everything else in the future too.

Lloyds Subject Access Request Letter sent 11-5-07

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Congratulations Kellie - so pleased you've won. Have been coming back to your thread over the last few days since I joined CAG. I also hope you'll stay around to encourage the rest of us. Wishing you lots of luck with everything else in the future too.

 

Thanks .... I wont be going anywhere ... i am addicted

to the cause now ...lol ... still going for costs

and also have another claim up my sleeve

:wink:

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

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Hi,

good to hear you received your money as well makes it all worth while.My claim was only for the last 2 years,I had the statements for those years May now send away for the last 6 years and start again.

Well done again

Jim :) :)

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Thank - you

:p

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

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Posting 'Application for Costs' off today

Will let everyone know the result

Fingers crossed

:cool:

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

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  • 2 weeks later...

Still no word from the Court in relation to my

application for wasted costs.

Was thinking along the lines of 'no news could be good news' but now i am thinking they may have just simply closed the case down like they did to another CAG user who's thread i was reading

:(

Any advice on how long i should leave it before

contacting the Court to see if it is being dealt with ?

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

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Morning Curly - we were talking about you yesterday!

I would give the court until the end of the week and then give them a ring.

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Morning Curly - we were talking about you yesterday!

I would give the court until the end of the week and then give them a ring.

 

OOOOOOOOOO What were you saying ?

Hope it was all nice ... lol

;)

 

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

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Just saying how much we all missed you!!!

Hope you haven't been drinking too much wine ;)

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Just saying how much we all missed you!!!

Hope you haven't been drinking too much wine ;)

 

hehehe .... Noooooooo x

I have been busy landscaping my back garden and also working.

Nice to know i have been missed though

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

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Hi Guys n Gals .... help and/or advice required please

 

As you can see form my thread below my claim was settled before hearing and on 21st May 07 I wrote to the court using the original (Gary updated it yesterday) wasted costs letter template. I also included the required documents.

 

I rang the Court today, as i havent heard a thing and was told that may informal application for costs had not been dealt with, as the letter i sent 'apparently' contradicted itself in saying

 

 

I wish to inform the Court that the claim as detailed above, in which i am the Claimant, has now been settled. The defendant pai the full amount claimed, namely £xxxxx. As such no further actio is necessary in respect of this claim.

 

However, i believe that the Defendant has behaved unreasonably in their approach to defending this claim, not least because i believe the Defendant had no intention of ever defending this claim at a hearing .... etc etc as per the original template letter.

 

 

 

My letter and relevant other documents, have therefore been simply filed away after they read the first paragraph and not even got as far as the judge, whilst i have been awaiting a responce

 

 

(I read on another thread somewhere that this exact same thing has happened before)

 

:evil:

 

The lady then went onto tell me that if i did want to make an application for costs she would send be the appropriate form, and to submit the application there would be a fee of £65.00 involved.

(GaryH states that the fee is £35.00 ????????)

 

She also said that a hearing would be required, which i was aware would be necessary if the judge decided a formal application was required, although like i said befor, the judge hasnt even seen my request.

 

The main reason i wanted to apply to the courts for wasted costs, was in 'principle of the matter', but is it really worth all the extra stress of more form filling and a hearing all for aprox £100.00.

 

I have asked the lady at the court to send me the form, but not really sure what to do.

 

Advise anyone ????

 

:confused:

 

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

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Yes, unfortunately we're beginning to discover that most courts won't touch an application for costs without an N244.

 

The £35 fee is for applications without a hearing, £65 if with a hearing.

 

You can request without a hearing and try to pay £35, although the judge may decide he needs a hearing so presumably you'd have to pay the extra £30. You would get the fee back if successful though.

 

If you do decide to apply I would suggest you up the hours you claim for. I put in for around £400 for my mates one - might have overdone it slightly, who knows - although I'll soon find out at the hearing in 2 weeks time! I did spend a hell of a lot of time on the witness statements and the application though so personally I feel I can justify the 40 odd hours I put in for.

 

Personally I would encourage everyone to apply formally from now on - but obviously the decision is yours!:)

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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Thanks for the quick response Gary X

It has really annoyed me that the Court didnt even bother to read my letter fully though. I sent an 8 page document to them and all they read was the first paragraph. GRRRRRRRRRRRRRR

I am actually exempt from fees' so that isnt really a problem, even though i have been told i will now have to reapply for exemption.

The main thing that is making me think 'is it worth it' is that it never got as far as me having to put together a Court Bundle etc, only as far as AQ stage, so my costs are only around £100.

If the Judge wants a hearing to take place then surely this is more preparation, more stress and time off work to attend.

I dont know, not sure what to do now, £100 is £100 i guess.

If i do decide to go through with it, can i bank on your support to prepare me for the hearing PLEASE ?

;)

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

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If i do decide to go through with it, can i bank on your support to prepare me for the hearing PLEASE ?

Yes, of course. I've got my hearing on the 20th June so you'll have the benefit of my experiance from it (i.e cock ups!:rolleyes:)

 

If you haven't submitted a bundle though then obviously it doesn't make your case for costs as compelling as if you had.

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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  • 10 months later...

Hi Guys 'n' Gals ...... I'm back

 

:cool:

 

What wonderful news today ..... wey hey

 

:D

 

So i am back to claim some more charges that i recieved just after my last claim ended. Thankfully none since December 07 though. Although its only £165 quid, thats alot of money to me and its MY money NOT THERES !!!

 

And so begins another chapter of Talling v Lloyds TSB

 

BRING IT ON !!!!!!! hahahahaha

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

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