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

Tom vs LLoyds TSB **WON**


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Hey everyone,

 

Just wanted to post quickly to say that this website seems to be a great resource - well done to all the moderators and people that keep it running!

 

I have sent off my Preliminary approach for repayment letter to LLoyds today, trying to claim back about £620 in fees from the past few years. Hopefully I will get a good result like a lot of other people here!

 

Thanks! Tom

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

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Good Luck.

DJ Tazzz

The information I provide in replies on this site are drawn from this site and a few other external sources. I acknowledge all parties the information maybe drawn from and offer my advice and assistance freely without guarantee and risk of liability.

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  • 3 weeks later...

Update:

 

I received their standard letter from Mr Just on the 17th July. He brings up several times in his letter that their charges are 'fair'. Letter before action was sent on the 26th July - giving them their entire 14 days to change their minds.

 

I received an acknowledgement of this by email on the 27th and by letter today, saying that it will take them up to two weeks to investigate and respond. I have, in the meantime, been working on my particularisation for mcol (im making the assumption that their second letter will be along the lines of "sorry to hear you're unhappy but we dont care, go speak to the financial ombudsman).

 

This is what i've got so far, any feedback would be welcome!

 

I have a contract, account 10399860, with the defendant bank which is conducted on their standard terms and conditions. I'm claiming the return of money taken by the defendant in the way of charges over the last 3 years plus interest levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the UTCC Regulations 1999 Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so. The claimant claims charges totallling £620, plus interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from 04/05/04 to 09/08/06 of £46.81 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.14.

 

Any more than that and it goes over the 24 lines limit that mcol impose! Hope that sounds good, but it will not be submitted until the 9th August so that LLoyds have had another 14 days to consider their decision..

 

Thoughts/feelings/suggestions would be fantastic!

 

Thanks

Tom

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

Link to post
Share on other sites

Bump...

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

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Thanks! Will wait to hear from LLoyds what their final response is, or will file that on the 9th.

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

Link to post
Share on other sites

I'm doing my online tonight can I borrow your letter please. it's too late for me even to think one up ?

Lloyds here I come

 

Freebird x

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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I'm doing my online tonight can I borrow your letter please. it's too late for me even to think one up ?

Lloyds here I come

 

Freebird x

 

Sure, please do! I will be submitting mine in just over a week - so it will be interesting to compare notes on what LLoyds response is. I'm pretty sure that they will file defence and offer 50% then 100%, but im already preparing for court! What I have written above is basically the same as the one in the templates section here - but i've made some modifications to it so that it fits into the 1080 characters and 24 lines that they give you (they really should change it to double or something ;))

 

Can't wait to get my hands on my money again!

 

Good luck with your MoneyClaim!

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

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Share on other sites

  • 2 weeks later...

Well, LLoyds 14 days have come and gone now. Time to submit moneyclaim.

 

Unfortuantely, there's no money in my account as they've taken nearly £200 of charges this month :( Will have to wait a couple more days...

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

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Woooohooooo!! Moneyclaim filed finally!

 

Claim Number 6QZ54731

Claim date: 14/08/06

 

Should be processed tomorrow morning at 10am i suppose.

 

Bring it on, Lloyds!

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

Link to post
Share on other sites

Woooohooooo!! Moneyclaim filed finally!

 

Claim Number 6QZ54731

Claim date: 14/08/06

 

Should be processed tomorrow morning at 10am i suppose.

 

Bring it on, Lloyds!

 

Claim has been issued today (15/08/06) in the Northampton County Court. LLoyds have 14 days from when the claim is deemed to be served. Who should I PM with the details for litigation section?

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

Link to post
Share on other sites

Well that was quick!

 

I got a letter from the court saying that my claim would be deemed served on the 20th August. Checked today - LLoyds already acknowleded it on the 18th! Is it normal for them to act that quickly?

 

I am guessing that they are going to take their time to send their defence, since they have still got 28 days. Do LLoyds normally wait until the last minute in other peoples experience?

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

Link to post
Share on other sites

I'm puzzled with the way Lloyds are delaying and acting differently with all claims.....

I handed my claim in 2 weeks ago personally at court and I havn't heard a dickie bird from anyone ??

Freebird x

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Share on other sites

I'm puzzled with the way Lloyds are delaying and acting differently with all claims.....

I handed my claim in 2 weeks ago personally at court and I havn't heard a dickie bird from anyone ??

Freebird x

 

Cant be too long then before you can apply for judgement by default?

 

Good luck!

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

Link to post
Share on other sites

thanks thours, I am doing the same, today, see my thread, ta.....

ggod luck mate

Freebird x

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Share on other sites

  • 3 weeks later...

Well, i've been away for the weekend - but came back yesterday evening to find that the status of my moneyclaim has changed from "Acknowledged" to "Defence". I assume that this means that I will be receiving Lloyds defence along with AQ in the next couple of days.

 

Getting close now!!

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

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Whoops, forgot to mention that I had sent a full schedule of charges to both [problem], LLoyds and to the Court on the 5th September, hopefully that will have helped my case a bit.

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

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  • 3 weeks later...

AQ Handed in at the court yesterday. Now we wait for refund.

 

Maybe I should write to the solicitors to engage in some sort of conversation about a settlement?

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

Link to post
Share on other sites

Okay, I sent a letter to [problem] last week (tuesday), requesting full settlement - after a phone call with them that's what they advised me to do. It's now been almost a week since it would have arrived. How long should I leave it before i ring again to chase them up?

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

Link to post
Share on other sites

today !

 

 

 

I'm going to start phoning this Friday, 1 week after asking them to settle!

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Share on other sites

Well that was a worthwhile telephone call!

 

Apparently they haven't received it yet, although I have a signed POD that says they got it last thursday. The (nice?) lady said that it will take a few more days to get through to them, then it will be referred to their client for consideration (as a priority [!])...

 

Will call them again at the end of the week to see how things are moving along. Surprisingly, every time I have asked to speak to Mr. Thomas, he has been out of the office or on the telephone... Either they are just sheilding him from us or he really is overworked. Poor man eh.

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

Link to post
Share on other sites

I'm sitting on me hands...and biting my tongue ;-}

roll on Friday

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

Link to post
Share on other sites

I'm sitting on me hands...and biting my tongue ;-}

roll on Friday

 

Good luck! Can't wait.. Should only be about a week or so before we get our money (hopefully)!! Wonder which one of us will get ours first! :D

Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the

FAQ's!

 

My Claims:

LLoyds TSB - Click!

NOW SETTLED: £760.58 received 1/11/06

BarclayCard - Click!

Claiming £350. Partial refund of £120 received.

Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!

 

Capital One - Click!

Claiming £190. Partial refund of £72 received.

Sent LBA on 24th September. Cap one won't refund me.

Going for contractual interest on this one, after Lloyds and Barclaycard pay up!

 

Questions about posting? Clicky here :D

Link to post
Share on other sites

well it's my birthday on Sunday, so an early pressie would be nice...if not an early Xmas pressie would do the job too..........

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

Link to post
Share on other sites

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