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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 
      • 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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myoptika vs Lloyds TSB **WON**


myoptika
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1st June - SAR sent

10th June - Bank statements received

13th June - Initial request for repayment sent

21st June - Reject letter received

17th July - LBA sent

 

The reason there's such a big gap between them rejecting my initial request for repayment and the LBA sent is because I was moving house and didn't have time to sort it out. Will it make a difference at all?

 

I'm now giving them 14 days to pay up or I'll file my claim! I'm a bit scared...

Lloyds TSB - DPA Letter sent 1st June 2006

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The reason there's such a big gap between them rejecting my initial request for repayment and the LBA sent is because I was moving house and didn't have time to sort it out. Will it make a difference at all?

Not a scrap and there's nothing to be scared about, they're a large institutuion with limitless financial and legal resources who are a lot more scared of you!!

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  • 2 weeks later...

Ok, I've received the 'final' letter from Lloyds saying they're going to do naff all about my charges - time to wander over to moneyclaim. What address is best to use as the defendant's address? I don't want to waste time by using the wrong one. Will the 125 Colmore address suffice?

Lloyds TSB - DPA Letter sent 1st June 2006

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  • 4 weeks later...

I filed my Judgement by Default this morning. Is it normal for them not to put a defence in? I feel like I should be pleased, but I won't be until the money is in my pocket...

Lloyds TSB - DPA Letter sent 1st June 2006

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  • 1 month later...

I WON! My case got settled without them telling me. The money just appeared in my account this morning.

 

Can you mark my case here as won? http://www.consumeractiongroup.co.uk/forum/litigation-progress/19326-myoptika-lloyds-tsb.html?highlight=myoptika

 

I'll be making a donation shortly. :)

Lloyds TSB - DPA Letter sent 1st June 2006

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