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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
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A couple of questions.....**** WON ***


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Hi Stadium

 

That's great news! (I told you I'd continue to lurk;) ) At least it'll put pressure on Lloyds to settle now - hopefully you'll be getting that nice cheque before Christmas. Well done for standing your ground - I'm sure it won't be long now...:grin:

 

Purp

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I hope it won't be long. Have had no confirmation in writing this week, from the court. I can only assume they are very busy!;) if I've not received anything by the middle of next week I will ring them again. I did ask for a copy of SC&M's AQ, which they said they would forward to me as soon as the judge had released my file. So I am hoping that will be sent soon too.

Glad you are sticking around:)

 

Same for you too Lancsman, good to see you are still about. I will be doing the same after my cases have been settled.

"Pob Lwc" means best of luck in welsh, BTW :D

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Have received this in the post today:

 

Before DISTRICT JUDGE R LL HENDICOTT sitting at Cardiff County Court, Cardiff Civil Justice Centre...

Upon the courts own motion. The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

IT IS ORDERED THAT

1. The stay in this case be lifted.

2. Directions will be given in the case by the Designated Civil Judge, His Honour Judge G Hickinbottom, on the 21st December 2006 at 10:30 am at Cardif Civil Justice Centre..

3. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing.

Dated 30 October 2006

I don't recall seeing part 3 before, regarding parties do not have to attend in person. Does anyone have any views on this? Would I be better off appearing and are the 'representations' the court bundle that I need?:)

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Woooo hooo! Great news stadium. The news of the Mercentile cases being settled must have filtered down at last.

 

The hearing they are asking you to go to is just an allocation hearing. You need to argue that your claim should be heared on the small claims track (which it 99.9% will anyway) and that an order of standard disclosure should be made so Lloyds reveal the costs of their charging system, which after all, is the crux on which the whole case rests. Its nothing to worry about, you'll probably only be in their 10 minutes and its a safe bet that Lloyds won't turn up.

 

You don't need anything from the court bundle at this stage, no. You won't be argueing your case on that day.

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 that info Gary, I am relieved that something is actually happening at last, this seems to have been going on forever!:rolleyes:

I will look for the relative info I need and post it up before I submit it to the court. I hope Lloyds don't try and get this order set aside or stayed, wouldn't put it past them!!

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Stadium,

 

Both of my cases have been stayed, one for inadequate information, which I have now sent, the other pending a test case and indequate info.

 

Do you apply for the stay to be lifted using the letter bankfodder did?

Barclays Bank - SETTLED - £4225.00

First National - SETTLED - £125.00

Lloyds TSB - SETTLED - £994.87

Capital 1 - SETTLED - £827.95

Online Finance - SETTLED - £349.60

Argos - SETTLED - £121.00

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Yes, but I used an N244 form to apply for the stay, along with the guide from the library. ( info on page 3 of this thread, I think) The fee was £35 but I know some claimants have written a letter instead, to save them the fee. I preferred to use the proper form though, didn't want anything to go wrong;) It has taken over 3 months for my stay to be lifted, so hang on in there, you will get there in the end!

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  • 1 month later...

After reading about a few settlements made for people due to be in Court on the 21st, I bit the bullet and rang SC&M today. They told me that although they hadn't recieved any instructions from Lloyds that I would probably hear from them by this time next week.

Fingers crossed:)

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OH.MY.GOD!!!!!!! I just casually checked my account on line, and there it is....CLAIM SETTLEMENT!!!! I can't believe it, after all this time it is finally there!! Woohoo!!!! :-) A little bit more than I asked for too, wayhay! will get back on here when I get the letter.

 

Please please can a mod change the title to WON AT LAST for me????

What a nice present today, to make up for the postponed Welsh CAG do that was supposed to be tonight! I'll def be celebrating and MOST importantly DONATING!!

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CONGRATULATIONS!!!

 

Stadium thats bloomin fantastic news, well done I'm well chuffed for you!:D:) It really has been an epic journey this one, I think this could probably be one of the longest running Lloyds claims!

 

I had a feeling it would'nt be long - they're settleing all the cases booked in for the 21st this week by the looks of it.

 

I'll see that a mod does your title for you.

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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Thank you thank you guys, couldn't have done it without the help and support I have had from this site:D have filled in survey and made donation!

 

It'll be round 2 after Christmas, as they have taken over £300 in charges since September, when I was in the middle of swapping accounts. hope that will be easier than this battle.

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I've just started a round 2 for another £100 - sent the prelim off yesterday, so I'll let you know how it goes. In fact, heres the thread http://www.consumeractiongroup.co.uk/forum/lloyds-bank/53050-garyh-lloyds-here-we.html

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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I've just started a round 2 for another £100 - sent the prelim off yesterday, so I'll let you know how it goes. In fact, heres the thread http://www.consumeractiongroup.co.uk/forum/lloyds-bank/53050-garyh-lloyds-here-we.html

Thanks for that link Gary, I will be watching your thread with interest from now on;) and start my own when the time comes.

 

have recieved a letter from SC&M this morn....

 

Dear XXXX

in the Cardiff County Court blah blah

 

We refer to the above matter and confirm that our client shall shortly be settling above claim by paying the monies into your account. You are advised at this stage that by our client meeting your claim on this occasion, this is not to be treated in anyway as an admission of liability. This is merely an attempt to resolve the matter amicably between the parties concerned.

We trust you shall write to the court to confirm that the claim has been settled and provide this office with a copy of the letter for our clients records.

 

So, nothing for me to sign etc, which makes it much easier to go ahead with my next claim lol. I will sent a letter to the court but will still be there on Thurs to support anyone else who may still have to attend. I haven't a clue who they may be:???:

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So, nothing for me to sign etc, which makes it much easier to go ahead with my next claim lol. I will sent a letter to the court but will still be there on Thurs to support anyone else who may still have to attend. I haven't a clue who they may be:???:

 

Good on ya! Not sure there will be many Lloyds claimants though - as far as I know they were all being settled. Could be a few Natwest, citi or Abbey though.

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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My claim for RBOS will be over £6000, Moneyclaim accept this but I understand it would not then be a small claims matter? What is the difference? What benefit would there be to breaking it down?

 

Hi

If you post your question in the RBOS forum, you will get a better response as this is the Lloyds TSB forum:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/

 

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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  • 3 weeks later...
Good on ya! Not sure there will be many Lloyds claimants though - as far as I know they were all being settled. Could be a few NatWest, citi or Abbey though.

 

There were a couple of Lloyds and some Barclays, info here http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/47462-new-test-case-hearing-3.html being at the court was very interesting, I'm so glad I went:D

 

 

 

It would be so great to see **WON** on this thread title now...please...anyone..??;)

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