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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
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Freebird's flight path ***SOARING ABOVE THE CLOUDS***WON***


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the court have told me that they will be granting Lloyds another stay...so when I protested, she said put it in writing to a district judge..so that's what I'm doing tonight and handing it in , in the morning, copies to all and sundrie of course..........

sick to the teeth in more ways than one !

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 know Chris, I wouldn't bother watching the PC early in the morning as I now know that sechiari were probably only informing me the same re the stay......

 

I'll just crack on tonight and pen a really good letter to the court as she suggested today ! and copy them all in again.......

 

just as soon as I've ad me Lemsip and drugged mydelf up.....cough..cough.....now my asthmas kicked in good style, 3 bloody attacks today and I've got the night to get through yet !!!!

 

I've begged the kids to behave tonight and I think they'll be in bed..sooner than later, tonight.............

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

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, 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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like caro says keep ya cool freebird, it wont be long now,

ps about the asthma, by the end of this week it should get slightly better, my husband and i are sufferers and were told by the doctors its just the change in seasons and will calm down pretty quickly.

 

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Be really nice and reasonable in your letter, explaining that you have contacted the solicitor several times as you wanted to avoid wasting any more of the courts time. Don't slag off Lloyds but stick to the facts. This link is for an application to remove a stay, and you are trying to prevent them from extending one, so I think you could probably use some parts of it in your letter. The number of settled cases will have changed too, but you could look for Lloyds in the Litigation Concluded forum for a more up to date figure.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

 

Could'nt agree more with that really. The court's will respond to reasoned arguement. That stay removal application contains arguements so compelling that a judge could'nt fail to take notice. It seems to have worked for me anyway (fingers crossed), if things go to plan my stay will be lifted this Thursday! As Caro said though, you won't be able to use it as a template as such - it was drafted for the purpose of applying for the set-aside of stays imposed in anticipation of a test case. Just take the important bits from it.

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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will do thanks...I only sound off in here guys because I know we're all like minded, my draft letter is so sweet, it's sickenening.....just about to access the link to pick out some of it to add to my letter, thanks again....

onward and upwards eh...

 

Chris, I know what you're saying, I've had it years and always have the flu jab, and last year had the pnuemonia jab too as I've had that before when I was younger ! but if I get any upper respiratory it goes on to my chest and then the asthma kicks in and I'm doubled up. I know we just get on with it, but with all this crap from Lloyds and Sechiari, my head's done in right now.....

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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Ok, thanks, I've read word for word the letter........I'm picking bits out....

should I leave out the reference to the other cases which have gone through as in Lloyds settled 14 cases and also attached are 233 cases which went to county court or leave them both in........

 

I also take out reference to it going to a higher court too don't I ?

 

I think I've goto the gist of it................

 

It's perfect.......

 

my letter was off a "lay person" pleading for the judges compassion, you know real life scenario etc ( not abusive in any way, just plain and to the point )........but I guess they click with the legal jargon better and the way this other one is worded they should sit up and take notice

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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Gary ..I've searched thropugh Lloyds forum for

 

Lloyds in the Litigation Concluded forum

 

 

and I can't find any info that I can add up or where there might be a total number of wins.....

 

do you mean for me to go through all the posts and see how many have won..I'm sorry but nothing's making sense tonight...I will go through them but is there an easier way of knowing how many have won via Lloyds ?

 

If I include it in my letter I'll have to be accurate won't I. And as my head's bunged up with parecetamol.....I need an easier way to do it.....

 

the template said there were 233 cases won I think, but I'm not sure where to look for the figure ?

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

Quote:

Originally Posted by
freebird

If you read my thread you'll know where I'm up to, but I'm wondering in all this...Am I missing something..or do the Courts actually want us to believe that, they agree to stays because THEY really believe that the banks/solicitors are genuinally going to enter into negotiations...

 

or would I be cynical to think that the courts are leaning on the side of the "other" legal professionals and allowing them to stall.....for time and the little person doesn't really matter?

 

 

I think the courts believe they are going to settle... My court really believes that... so I have sent them a copy a letter i sent 24th Sept and told them that they haven't replied.... just to try to piont out that by staying the case it is not helping the little people at all...

 

Jules x

 

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

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the letter goes over to 4 pages in "word"...how would I get any of you to check it over for me please........it's too long to post on here isn't it ?

cheers

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

hya Ju I've just finished the letter with the help from the template letter posted on here..but I still can't include figures of how many cases have been settled..I've searched through the success's of Lloyds but can't find a total, any idea ?

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

Gary there's Lloyds TSB 22 litigations in here, should I copy these off and attach them...I'm not too clear what that part of the original letter meant.. thanks

http://www.consumeractiongroup.co.uk/forum/litigation-17.html

 

or have I got it wrong ?

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

did the 233 figure mean all other banks too ?

 

as you can see it's 1 am in the morning and I'm still trying to follow the litigation part of the letter.....

 

think I'll give up till tomorrow !

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

no letter today

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

Maybe its the snails week off.....

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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just phoned, he's still out of the office, he doesn't have a secretary ! no one else can deal with the claim in his absence buit they reckon that if he said he was sending a letter, he did send it !

so it's royal mail's fault..............

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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Royal mail delivery 21 billion items a year and 'lose' 14.4 million so there is a 1 in 1458333 chance that your letter has been lost......better rush out and buy a lottery ticket

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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you should ask them if they send it recorded delivery. and if so ask for the tracking number. and if not, why not as the mail they send out must be classed as important.

 

that bloke is either in late, finishing early or out for the day....i'm in the wrong job.

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I can't get my breath and he's swanning round Brighton..........

 

 

I'm still doing this 4 page letter for the court, just deciding whether to leave off the other examples of cases won as I'm not sure if I've got that part right !

 

if Gary's around, any ideas mate ?

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

Mr Thomas is in and Miss Lewis is taking his calls.

 

See my thread I sent a letter last week to SCM. Today I have sent a page and a bit letter to the Courts asking them to bring to the attention of the District Judge. It just outlines what attempts I have made to enter into sincere dialogue and how it is Lloyds that are dragging their feet!

 

This way it is on file. I'm assuming I am going to have to file another AQ tomorrow. Deadline for stay was 5th October with specified action to be taken on or before the 19th October (originally issued 7th September).

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I've had both male and female colleagues of his answer the phone today.........

 

I'm not phoning them again, wasting my "hard to get" breath......

 

I'm doing my letter now and sending it to one and all later..recorded of course........

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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