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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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Paulahayw v Lloyds - SETTLED IN FULL


Paulahayw
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What a fantastic site!

 

1. DPA letter sent 11th April for data regarding manual intervention on my account with £10 cheque enclosed (sent 1st class recorded). Received by LLoyds on 12th April. (Reply needed by 22nd May 2006)

 

2. Request for payment of charges sent on 3rd April 2006 into branch for "request for payment of charges £1112.00 (if no positive reply by 17/04/06 then I will send letter before action)

 

3. Standard letter received from Lloyds: (6th april 2006)

 

Our Ref : xxxxxxxxxxxx

Dear Mr Tame

Re: Account Charges for Overdraft Excesses and Returned Items

Thank you for taking the time to contact us about your account.

I understand that

• You feel that the charges you have incurred are contrary to the Unfair Terms in Consumer Contracts Regulations 1999.

• You are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items.

• You have requested that all charges incurred should be refunded for the past 6 years.

When you become a customer, we give you details of any charges for the day to day running of your account. Details of our charges are also available from our branch staff, telephone helpline or our website.

For the vast majority of our customers banking with us can be completely free, we apply charges if a customer does not have enough money in their account to meet the payments they have requested us to make.

You incurred charges because you did not ensure funds were available in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits.

As a business we are entitled to set charges to cover additional work. These charges are not hidden and are notified in the guide to banking charges leaflet we produce. We advise our customers to ensure cleared funds are available in their accounts to meet payments due. You will also note that in the front of each cheque book we request that funds are available before cheques are issued.

You accepted these terms when you opened your account and when you agreed yor overdraft.. We did not agree to pay your account in excess of the amount agreed without charges being made.

Accordingly, I am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditions of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities, such as any debit cards or chequebooks you may have. Alternatively, you may wish to consider alternative banking arrangements.

In case you haven't received a copy of our leaflet called 'How to voice your concerns' I've enclosed one with my letter. This tells you all you need to know about resolving your complaint with us.

If you are unhappy with my decision and feel that you have something to add which might change the outcome, please get in touch. If we cannot agree on a solution at that point, I will help you refer your complaint to the Financial Ombudsman Service for independent arbitration.

Yours sincerely

 

Jean Campbell

Assistant Manager

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As you say that is a standard letter . just continue with the step by step guide keeping to your time limits that you set.

please keep us posted on your progress and WELCOME.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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I have sent off DPA letter enclosing a cheque for £10.00 Lloyds have sent through repeat statements from Aug 2001 - present charging me £70.00 without infirming me.

 

Is this correct/ has it happened to anyone elese and can I claim back the £70?

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Sorry, can I just get you to clarify the above...

 

Are you saying that Lloyds have charged you £70 for those statements?

 

Did you send the letter from the template library re: DPA request?

 

Cheers

John

..

.

 

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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No, most certainly not.

 

I would write to them (I would send it special delivery) and remind them of your letter (dated XXXX) that you made a request under the Data Protection Act, and that the maximum they can legally charge you is £10.

 

State that you require your £60 back immediately, plus the cost of the postage for this letter.

 

If I were you, I would also write to the Information Commissioner's Office to make a formal complaint against Lloyds, including a copy of your original DPA request letter to the bank.

 

If anyone else knows of any other action that can be taken, then please add your thoughts....

..

.

 

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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2 repies recieved from LBA - as I sent one to Service Recovery centre B'Ham and one to my own branch.

 

They are (from head office):

Thankyou for your letter dated 20th April 2006. I am sorry to hear you have not been happy with my response to date.

Unfortunately there is little I am able to add to Mrs Campbell's letter dated 6th April 2006 and I am only able to refer you back to the terms and conditions of your account, although I do respect youur opinion about our charges.

 

This letter is the banks final response, which means that if you reamin dissastisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of this letter. I have enclosed a leaflet which outlines how to contact them.

 

Yours sincerely

 

David Just

Assistant Manager

 

From Branch:

 

Dear XXXX

 

Furthur to your letter dated 20 April 2006. I am writing to acknowlede receipt. A formal response will be forwarded to you within the next 5 working days.

 

Yours sincerely

 

Dave Nash

Manager

 

 

Waiting until 5th May if no positive response I will the start court proceedings.

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  • 2 weeks later...

Hi have put in all charges in to spreadsheet (one downloaded free) when it gets to column asking how many days since offence, how do I calculate this?

 

Sorry not very good with spreadsheets -never used them before!!

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Hi Paula,

 

If you have entered the info correctly (dates and charges) the 'days since offence' should calculate automatically. I suspect that you have a corrupted cell in the sheet - if so, then PM me with an email address and I will send a 'clean' copy to you.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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You should just be able to put the date that the charge was incurred in that column and the number of days from then until now should be calculated for you.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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Just filling out my claim against LLoyds, just wondered if anyone could answer a few queries:

 

1) For address of Lloyds I put 123 Colmore Row Birmingham BS 3SF - is this correct?

 

2) Question does your claim include any issues under human rights act I clicked No

 

3) Do you reserve the right to claim interest I ticked Yes

 

Do I need to add anything to the paragraph below?

Thankyou for your help!

 

 

Claimant has account xxxxx(account number) with

Defendant from approx xxxxxxx (dates) conducted on

their standard terms and conditions.

Claimant is claiming the return of money xxxxxx

taken by Defendant in charges over 6 years

plus interest they have levied on those

charges. The Defendant's charges are a

disproportionate penalty and therefore

unenforceable as they are contrary to

common law. They are also invalid under the

Unfair Contracts Terms Act 1977 s.4 and

under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and

sch.2.1.e.In the event that the charges are

not a penalty they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15.Defendent has

declined justification of charges despite

repeated requests. Claimant claims interest

under Sec.69 of the County Courts Act 1984

at a rate of 8% a year from xxxx to

xxxxx of xxxxxx and also interest at

same rate up to the date of judgment or

earlier payment at a daily rate of £0.34p.

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  • 2 weeks later...

Have sent off to money claim (details in litigation in progress section)

 

Received info through post from money claim saying defendant has until 27/05 to reply

 

Received letter this am saying LLoyds are defending the claim in full dated 12.05.06

so what happens now??

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I presume the letter telling you that Lloyds are intending to defend came from their solicitors. If this is the case you will shortly get a letter from moneyclaim telling you this and enclosing an allocation questionaire. This is a simple form to fill in and will transfer the hearing to your local court. You mght need to send them some money if the claim is over £1,500.

 

Make sure you retur the AQ before the deadline and sit back and wait.

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  • 3 weeks later...

Money claim issued on 8th May 2006 - deemed served on the 13th May - The defenadant had until 27th of May to reply.

 

Then received a notice that acknowledgment of service had been filed (received 15th May) It stated that defendant has 28days from the date of the claim to file a defence. LLoyds solicitor signed the paperwork on 12th May 2006.

 

When can I file for judgment is it 28 days from original date, 28 days from when the acknowledgement of service was recived by me or 28 days from whent hey signed the acknowledgment of service????

 

Very Confused!

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The forms I received back state 28 days from date of service, which should be shown on your Notice of Issue.

 

From the dates you posted above, I would say it's 10th June.

 

Hope that helps

..

.

 

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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Received a defence from LLoyds TSB this morning.

 

I guess I just have to wait to receive my court allocation questionaire now.

 

Mods would you like me to PM their defence to you?

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I'm pretty sure they would like a copy emailed to them, chances are you will receive a settlement in the next few days "it'll cost more to go to court..... no admission of liability...blah blah blah"

 

Well done and good luck

 

Natalie

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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  • 3 weeks later...

Received my letter this morning stating that the full amount will be credited to my bank with conditions attached.

Thankyou to everyone who has helped along the way. I will be donating s soon as I have the money in my account.

When returning the signed agreement can I just cross out the conditions e.g confidentiality or should I write them a letter?

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