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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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Lloyds TSB vs Me***WON IN COURT***


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Wow, Its taken a year for the bank to take me to court for owing them for what they say I owe them is £2858.26.

 

The fact that I have been harrassed for this duration by all of my creditors and none have been willing to take me to court... the time has finally come.

 

So... where to begin!

 

In January 2006 I went into debt because mine & my husbands business went bust, unable to sustain the cashflow leading upto and during christmas. At which point I became very ill from the worry of debt and the doctor put me on a diazepan to calm me down.

 

In excess I had 13 creditors and a grand total of 122,450.69 in January 2006 owed.

 

Ive since got a job with an agency but it is only temporary and my husband is looking after the children.

 

Ive managed to rescue the Mortgage but now Lloyds TSB have applied to the courts and I have received a claim form for £3048.26

 

When I first started to get letters from Lloyds about being overdrawn they were hd managed to charge me in 1 move over £300 in bank charges. And because they did not accept my token payments £2.00 when I was unemployed they closed my account with the money it had in it.

 

So here I am... unsure of where to start.

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What a nightmare for you :( But welcome here :)

 

To start - what form exactly have you got from the court - I presume it is to get a CCJ issued against you? And have you got all your bank statements for the past 6 years?

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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I have my bank statements and all the letters from the bank and the debt collectors. All the faxes sent to the various departments that they kept moving the debt too, claiming each time they didnt know what had ben sent.

 

The only statement I dont have is the balance of my other account when they closed it. I think it was about £40-£50 in there.

 

It is to get a CCJ issued.

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  • 1 month later...

Well, I faxed of a letter to the Solicitors.... To my surprise they completely ignored the letter which I pointed out various facts that although I owed them @ £3000, most of this over the 2 years, was as a result of charges... and should they persue in court I will request that the court takes a closer look into my account and Lloydstsb deallings. I also told them that I had reported their antics over a year ago to the OFT and that they had made me so ill that the doctor had to sedate me. All of which would come to light in court. I responded to the court online and requested 28days instead of the 14 days to prepare my defence. So the first 14 days went past. And I gathered all my evidence. Laid out the total of my Charges, The total of Interest, The letters, the demands, the passing of departments and the supposed companies in a file all in chronological order. Then I waited for the 28th day, still no reply....(So am I bluffing?) Ive been through tougher things than a court order! Ive lived through the intimidation and survived.....SO NO IM NOT BLUFFING!

 

On the 28th day I wrote my defence. The court acknowledged and forwarded it to the Claimant LloydsTSB.....

 

So come on Lloydstsb, you think your the almighty dragon, well you just called the dragonslayer and Im standing before you in my suit of armour thats no match for your underhanded strategies........

 

Whats this.....A Letter, could it be the white flag!

 

They thank me for getting in touch!

Theyre SORRY im unhappy over my charges!

They assure me it will be investigated!

 

Oh and here's the "How to voice your concerns" Leaflet.

 

I KNOW HOW TO VOICE MY CONCERNS VERY WELL!

 

How about I give them a leaflet on HOW TO BE ACCOUNTABLE FOR YOUR ACTIONS!

 

The bottom line is...I have nothing to lose! They do! And I have tongue like acid today!

 

So watch this space...Im looking forward to a joust in court!!!! Your all invited.

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So the Solicotors have retaliated. Interesting. They say they have REQUESTED the County Court to enter Judgment against me. A judgement order detailing payment WILL be sent to me by the court.

 

Meanwhile please return a completed Standing Order Mandate. Oh and the the Judgement Balance has now gone up from the court claim to a further £40. They will also be sending me a Giro Credit Slip book in the next 7-10 days.

 

This is truely laughable, if not sick. The intimidation of preempting a judges response is disgusting. The court has not received anything from them yet! The judge has not struck out my defence. And in true Catherine Tate style...."HOW VERY DARE YOU!" I will be very surprised if the judge strikes this out! Im gunning for my pound of flesh now....and demand their heads on a skewer!!!!!

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  • 3 weeks later...

Well, as Lloyds said they would do...last week they sent me the Giro Slip booklet....so, I thought they either knew something I didnt or they were really pushing their luck. Either way....Im not sure where I stand as yesterday they missed the deadline to respond to my defence of the debt. I spoke to the court today and they say they have issued a stay. So I looked at a link on this website to find out what it means to me....but Im still unclear. Maybe my heads just a bit cluttered and unable to make sense of the content but what I did read on Applying to remve a stay it is discussing from a claimants view and not in my case, a defences view. So I dont know where I stand. Can anyone help, in laymans english?

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Without knowing your exact circumstances it is entirely possible you are entitled to Legal Aid.

 

Also I do not know if anyone else has had dealings with CAB (Citizens Advice) but my experience of their lawyer was extremely positive.

 

I would suggest that you have nothing to lose by contacting CAB.

 

They are there to help and they will for no charge.

 

All the best

 

Gladstanes

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More thoughts from bitter experience.

 

Please ignore LTSB solicitors.

 

The only entity of significance is the Court.

 

If there is a Judgment against you it will be sent to you, but you should have the opportunity to attend court and put your case.

 

Whatever the Judgment is anyway , you can still apply to have the monthly amount reduced in line with your circumstances.

 

Please read all correspondence from the court very carefully.

 

Remeber also that it appears some judges are losing patience with banks.

 

THIS IS ONLY MY OPINION.

 

PLEASE TAKE PROFESSIONAL ADVICE.

 

As said it may well not be charged for depending on your circumstances.

 

All the best

 

Gladstanes

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  • 4 weeks later...

Hi

Nothing to be scared of, this is perfectly normal. Lloyds will settle up anytime between now and a day before your Court date. Have a read of all the successes to boost your confidence:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/

 

Good luck, let us know how you get on.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Thanks. So now....they have sent me the allocation questionaire...I guess I fill that in and send to the courts. Do I need to do anything else yet....send bundles? My doctor wrote me a letter when I was sick, would I need to put him down as a witness or an expert or not at all? Do I need to request his permission to attend?

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Hi

Use these links to help you fill in your AQ:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

I'm not sure about your Doctor as a witness, I presume you would have to ask his permission first.

No bundles yet.

 

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Your case actually sounds similar to mine at http://www.consumeractiongroup.co.uk/forum/lloyds-bank/38961-davethorp-lloyds-tsb.html

 

My account with lloyds also ended with them claiming I owed them (though only £312). After charges they actually owe me money.

 

I'm in court next Tuesday with them (unless they settle, though its unlikely they'll address all aspects of my counterclaim in what seem to be standard letters they send so chances are I'll still be in court either way) so you may want to keep a watch and check how things turn out for me

 

Good luck anyway and don't let them push you around (pity you weren't lucky like me. Since I defended and counterclaimed their solicitors have been very quiet... or silent in fact)

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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  • 1 month later...

ok. I have a letter from the court saying the court date is : 11th Sept 2007. Original doc to be brought to hearing but the parties to serve and file copy docs by 12th July. Not permitted to instructed experts. A statement by each pf the parties and any person who is to give evidence must be filed and served by 12th July.

 

Why dont they put these things in English. Need help understanding what they are talking about and what I need to do.

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Between 10th Dec 2001 - 18th Jan 2007 I was charged 2762.50 there claim is for 3048.26. Ive added the 8% interest to what I was charged taking it to 2983.50. Leaving only 64.76 to pay. I asked them to freeze the interest on my account. Instead they closed my accounts. Of which my other account had £70 in. Not a great deal but enough to cause pain. I even complained to OFT.

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  • 3 weeks later...

OK. Done my bundle. Really happy with it. Sent copy to the court. Court didnt receive bundle from Lloydstsb within their deadline. Wrote to court to strike out their claim based on Lloydstsb disregarding the courts request to submit within deadline. Not sure if that will make any difference. Not that worried about Lloydstsb now. Currently more worried about the other creditor that on my heels (Court date day before Lloydstsb with Egg). Now im scared.

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  • 1 month later...

Crunch day TODAY. Due in court this afternoon....Talk about having my fill of cases against me. Just put Egg debt back to sleep (Claimant Discontinued claim).

 

Now, its Lloystsb turn.... Not so sure I'll be as fortunate. However, Ive nothing to lose. And I'll take each one as they come.

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