Jump to content


  • Tweets

  • Posts

    • can't levy the fees then. the NOE must go to your present and correct address. no ifs or buts 
    • just to clarify matters, but once you have complained now/and asserted your rights under the act for this to be paid by 'them' FOC to you, should the vehicle again fail for anything related to the damage done by the incorrect fitting of the windscreen before you purchased then you CAN exercise your right to reject.  is the car specifically identified on the finance agreement? dx  
    • Thanks Dx    merely trying to avoid the fees added considering the circumstances.    Will ring the council tomorrow 👌
    • With 6,000 bank branches closing since 2015, Labour has announced its commitment to bringing more banking hubs to Britain's high streets.View the full article
    • you could have moved within that time in the same complex. have you this in writing - did you request a copy of the judgement CCJ AND Claimform from northants bulk?   it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge dx
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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
        • Like

court ordered claim cancelled


jifjaf
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6549 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Out of interest... was is Glos cc?

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

Link to post
Share on other sites

  • Replies 227
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The bank in question is Lloyds. The solicitors have most probably received my letter before the stay order as it went to them on Monday by Recorded Delivery. So the offer was accepted before the court order. Logic, huh?

I don't want to clog up BF's inbox- I hope he monitors this thread. I have 7 days from 4th of July to object to this order. Bugger.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

" The claim is stayed pending the determination of the Elliot v Lloyds TSB 6UB01701 currently pending in the London Mercantile Court, in which similar or the same issues appear to arise."

 

Seminole; any idea re; does it affect me if my claim seem to be already settled or can the settlement be voided following this order?

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Can I ask is it a very big claim? I'm worried now, thought it was just Glos.

BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

Link to post
Share on other sites

" The claim is stayed pending the determination of the Elliot v Lloyds TSB 6UB01701 currently pending in the London Mercantile Court, in which similar or the same issues appear to arise."

 

Seminole; any idea re; does it affect me if my claim seem to be already settled or can the settlement be voided following this order?

 

I'm afraid that I don't know the answer to that but hopefully we will be able to advise.

Link to post
Share on other sites

Do you want to apply to remove the stay?

 

Contact me

Link to post
Share on other sites

The amount claimed was £3700 plus court costs and one extra charge which took place after the claim was issued. Total £4035.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Joa

Yhm

Link to post
Share on other sites

How long was it since you filed the claim? I just wonder at what stage the stay was put in place? I know you had had an offer of settlement but after the claim was issued how long? Just can't understand how the courts can keep accepting claims then putting them on stay. Also if your claim is put on stay are the banks not even more likely to settle so it doesn't go to mercantile court and become the test case?

BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

Link to post
Share on other sites

I find this very odd, jifjaf joined today so we have no idea why he was sueing Clydesdale Financial Services or what he had wrote on the claim form.

 

Could this possibly be somebody trying to throw a cat amonst the pigeons. Surely if there were a test case somebody would have sniffed it out by now. I know that when I studied law you could read about pending high profile test cases. I think I'll spend some time looking out for this.

RBOS: Fob off letter recieved 28th June.

LBA for £2,690 & LBA for £3,240 sent 1st July. Replt to LBA'S recieved 14/7/06......fob off again!!! watch this space

:lol: MCOL submitted 19/07/06 :cool:

Link to post
Share on other sites

It's not my case which is in Mercantile; it's someone's called Elliot, bless his/hers socks.

The claim was put in on 2nd of May and Lloyds' solicitors dragged it to the very last minute of every deadline.

 

Angelface; I wish, honestly. Unfortunately it is not a tease or a prank.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Yep, the AQ was submitted about 3 weeks ago whilst the solicitors submitted on a very last day of the time frame. But no court date arrived- instead the stay order came through today.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

It's not my case which is in Mercantile; it's someone's called Elliot, bless his/hers socks.

The claim was put in on 2nd of May and Lloyds' solicitors dragged it to the very last minute of every deadline.

 

Angelface; I wish, honestly. Unfortunately it is not a tease or a prank.

 

sorry, I did realise that it wasn't your case. It's just that I hadn't heard about it going to court. Hopefully the court will make a sensible ruling and one that favours all us poor people. good luck

RBOS: Fob off letter recieved 28th June.

LBA for £2,690 & LBA for £3,240 sent 1st July. Replt to LBA'S recieved 14/7/06......fob off again!!! watch this space

:lol: MCOL submitted 19/07/06 :cool:

Link to post
Share on other sites

JOA

I' have sent you an email which is receiving an out of office reply

Link to post
Share on other sites

what happens if a case is put on stay with regards to a settlement? Is it possible still to withdraw the case if you are offered a settlement or are you 'stuck'? Would the banks be more likely still to offer a settlent if your case is put on stay to keep it from mercantile court or less likely because the case is 'frozen'?

BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

Link to post
Share on other sites

OK, another question.. and scuse me for sounding stupid, but..

 

What is a mercantile court, and how does it fit in the grand scheme of things when it comes to the court system in this country?

If my reply or advice was helpful, please click the scales!

-------

DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

-------

Link to post
Share on other sites

My post 62 on this thread

 

Thanks, must admit it's hard to keep track of so many threads on here sometimes. Still none the wiser how the Elliot vs Lloyds TSB case managed to get to the Mercantile Court, but I suppose it's time for some reading up on the subject and see what I can learn.

If my reply or advice was helpful, please click the scales!

-------

DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

-------

Link to post
Share on other sites

so thats 3 stays out of how many hundreds (or possibly thousands) of claims? Admittadly, a little bit to reflect on, but no burst of the dam as of yet. The only factor that matters is who is "elliot" and how far the TSB lets the claim go. Do they have enough support? What is the detail of the claim?

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6549 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...