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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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

Hill v LloydsTSB - OFFERED SETTLEMENT


hilla
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Nearly there. I have been through all the stages on behalf of my son who is in uni. He is very doubtful that he will get anything back so I am desperate to win it just to show him it is possible and prove my point. We are only claimimh £295 but Lloyds seem to want to go all they way on it.

Anyway, completed the questionnaire last night and sending it off today. I had great difficulty completing section G of the questionnaire. I wanted to do it well so that LLoyds may see it ( we are sending a copy to them as well) and may think this person seems to know what they are on about we had better settle. In the end I got all the information together and gave it to my husband to do who is a lot cleverer than I am on things like this- I think he should have been a lawyer. Anyway to cut a long story short we are posting it today and will let you know how we go. If it is successful I will post the arguments for section G on this site so that others can use them.

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Hi - welcome aboard by the way!

 

Good luck, and I'm sure that your soon will soon be full up, having eaten his hunble pie :D

 

Was it a defence you received, or a counterclaim? And what was their point G that you struggled initially with?

 

John

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi - welcome aboard by the way!

 

Good luck, and I'm sure that your soon will soon be full up, having eaten his hunble pie :D

 

Was it a defence you received, or a counterclaim? And what was their point G that you struggled initially with?

 

John

I think it was a defence. Can't remember now. G on the questionnaire I mean It asks you to list your arguments so that the judge can decide on your case.

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You only need to put anything in here if you want it assigned to a different track or handle it differently than a standard case AFAIAA

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You only need to put anything in here if you want it assigned to a different track or handle it differently than a standard case AFAIAA

 

oh dear I hope I haven't done it wrong. I put all the arguments why bank charges shouldn't have been charged. Do you think it will matter?

I'm just about to send a copy to LLoyds solicitors too.

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came back from holiday to a letter to say that they are going to refund the whole amount into my son's account- £295 . There are conditions though- confidentiality clause and a review of his account. They have charged him another £30 since we made the claim. Can we ask for this £30 to be paid as well and another £20 which we forgot to ask for originally because I mis calculated? Are we being greedy. Do you think we should quit while we are ahead or go for it?

What does the review entail?

I will make a donation to this site as soon as we get the money. Thanks for all your help and those of you who are still in the process keep going. They will pay up in the end. I didn't believe they would but they did, so keep going.

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Firstly, congratulations :D

 

You should not sign the confidentiality part of this, just cross it out and then return it.

 

Do not seek to include further charges on this now, wait until they have refunded you and you have your money, then phone them and demand the others be refunded, otherwise you'll go back to court ;)

 

The review will be to 'tell you off' for no running your account properly!! I would cross that out too, but you might put up with it in order to perhaps keep the account open - your decision

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Firstly, congratulations :D

 

You should not sign the confidentiality part of this, just cross it out and then return it.

 

Do not seek to include further charges on this now, wait until they have refunded you and you have your money, then phone them and demand the others be refunded, otherwise you'll go back to court ;)

 

The review will be to 'tell you off' for no running your account properly!! I would cross that out too, but you might put up with it in order to perhaps keep the account open - your decision

 

My son phoned them yesterday to discuss the account. He asked for the person they told him to discuss the case with and she had left and the person he spoke to did not know anything about it. She asked if he would fax the letter that he had received from the solicitor.

 

He did phone them to discuss it so do you think he should now sign the letter as he has done whct they asked him to- the fact that they didn't know anything about it is beside the point.

 

If he doesn't sign the confidentiality clause do you theink that they will still send him the money. Have others on this site refused to sign in and still recieved the money?

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If he doesn't sign the confidentiality clause do you theink that they will still send him the money. Have others on this site refused to sign in and still recieved the money?

 

Several people have crossed out the confidentiality clause, and as far as I know everyone has still received their money.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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After reading your last post I became very brave and crossed out the confidentiality clause and asked for another £30 from them for another bank charge that they added after we claimed. Had a letter back from solicitors Martinasu and Johnson saying OK we'll give you the extra £30 and another agreement with no confidentiality clause to sign- so here goes we are signing this time and hope to get the money soon and then it's definately 5% in it for this site. Sorry it's not a bigger claim for my son and the site's sake.

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Sorry it's not a bigger claim for my son and the site's sake.

 

Don't be daft - ANY amount claimed back is a victory and £300+ for your son is a lot of money. I'm sure this site is grateful for any donation that it gets, be it £5 or £500....it all helps.

 

Congratulations and well done for sticking it out :)

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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CONGRATULATIONS!!

 

well done for sticking to your guns

 

some advice please: did you record or proof your letter postings and did you send them to your local office or the head office?

 

cheers:)

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CONGRATULATIONS!!

 

well done for sticking to your guns

 

some advice please: did you record or proof your letter postings and did you send them to your local office or the head office?

 

cheers:)

 

 

I've replied to you privately

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Don't forget to fill out the survey too - it only takes a minute.....

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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congratulations!!!! its encouraging to see people taking on the banks and winning. I have just started the process myself, and am being both encouraged and educated by all of your postings.

 

keep up the good work all!

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The saga continues

Had a letter from LLoyds saying

 

Thank you for signing and returning your letter on 7th June 2006. We are pleased that you are willing to settle your claim in the terms set out in that letter. Please note that ther refund of the amount of your claim can not be paid until the .....branch confirm that you have attended an account interview. Please contact ........... on 01525 853234 to arrange the necessary review.

 

In the meantime please can you write to the Court, as the claimant in this matter, to confirm that the case has been settled. The Court needs to be made awae that there is no longer any need for the proceeding to continue so that the hearing date can be vacated. Please can you also send us a copy of the letter to the Court for our file.

Thank you for your assistance in this matter

Yours Faithfully

 

 

I wrote back

 

Dear Sir

 

Thank you for your letter which I received today about my claim against Lloyds TSB bank

 

I have telephoned Lloyds TSB in ...... and requested to speak to ................. on two occasions. The first time I was informed that she had left the branch and I explained to the person answering the phone why I had phoned. They informed me that they knew nothing about the issue.

 

Today I phoned again at your request and asked to speak to ........... and was again told that she had left the branch. I have been asked to phone back again on Monday to speak to another person.

 

As you will appreciate I am a student and find it costly to make phone calls from a payphone or from my mobile especially when no one at Lloyds seems to know why I am phoning. Can I suggest that you ask them to phone me - they have my mobile phone number.

 

Meanwhile I would remind you that the Court hearing is on 3rd July and I have no intention of writing to the court to confirm that the case has been settled until the payment of £325 is in my account.

 

I look forward to hearing from Lloyds at their convenience.

 

Yours Sincerely

 

 

 

 

 

What a cheek. They are actually expecting me to let the Court know that everything is fine and my son hasn't even had a penny yet.

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Good on you m8, thats exactly what i would have done.

 

Theres no way you should tell moneyclaim its been dealt with until they pay you?

 

Surely that is a test to see how daft you really are??

 

CONGRATULATIONS by the way !!!!!

Data Protection Act Request sent 22nd April 2006 (recorded delivery) to Penny Berryman 40 days up on 1st June 2006.

 

Statements recieved 5th May 2006

Claiming back = £3913.65

 

Preliminary Letter Sent 5th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 9th May

 

Letter Before Action Sent 9th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 12th May

 

Moneyclaim filed issued 6th June (14 days to reply) Time up on 20th June.

 

Acknowledged 15th June (28 days to defence)

Time up on 13th July.

 

Defence Recieved 7th July

 

Going Before the Judge 15th September

 

Court Date 5th December

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well done hilla - good work

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I would be tempted to report them to the law society for trying to get you to say a case has been settled when it clearly hasn't (or at least say to them that you will if they attempt any more of these tactics). These people are a disgrace.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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What closey said! One other thing you could have said though is that you will write to the court informing them the case is closed only if the funds are in your account within the next 48/72 hours. They can do and certainly have done this in the past, none of this '4 working day clearance' crap, and it'd have shoved a rocket up their proverbial for sure :D

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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I love your way with words reload!

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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