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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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G.Ryan V' Lloyds. New Claim


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Hi Everyone,

 

As eveyone keeps saying when they first enter this site, it really is good to see people taking their money back from the banks and gives us new starters the surge to carry on.

I have just started my battle with Loyds, I sent them my Data Protection Request on the 10th July and have heard nothing back yet, although two days later I did recieve details that they are taking more money off me on the 1st August.....would you believe it. I am just concerned about one thing so far, alot of people seem to get a reply back soon with in 2 weeks, I know they have 40 days to get this info but do they often use it? I sent the letter complete with the £10 fee for them to get this info. I have heard Loyds are particularly stubburn when it comes to this charges claim.

 

Thanks and will keep you posted when I find anything out.

Gary

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Hi Gary and welcome to the Lloyds forum,

 

I'm afraid that Lloyds are very slow and will stall at every given opportunity, however, to look on the bright side they do allow you plenty of time to read other peoples threads and be prepared for what is round the corner.

 

Remember that YOU sent the timeframes NOT lloyds.

 

Best of luck with yur claim and keep us up to date.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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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Today I got my statements through after e-mailing Mr Boden on Friday 21st. However I am now a tad confused, its lists:

O/DRAFT INTEREST

ACCOUNT CHARGE

O/DRAFT EXCESS FEE

 

Which of these do you look at cliaming back?

 

And with regard to manal intervention, I cant find it, there is a list of dates of correspondance i.e when I have phoned them up, and a list of dates when STDLET (standard letter) have been sent out. Is this the manual intervention, I didn't think it was but I am just clarifying.

 

Thanks.

 

Gary

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Hi Gary,

 

Lloyds statements never make it very clear to their customers.

 

Firstly highlight all the charges for unpaid DD's, chqs etc. Claim all of these.

 

I am unsure what the account charge is for. Some people are discovering that they have been paying for some type of priviledge account where they get AA, travel insurance etc. Is this something you signed up for? It might be worth speaking to Lloyds and questioning them.

 

We all unfortunately pay interest for having an overdraft, however if there is overdraft excess interest you have paid when you have exceed your overdraft you maybe able to claim this IF you have exceed your limit from them taking unlawful charges from your account.

 

In all honesty it is very complicated to work out what interest to claim, and most people don't bother.

 

I am unsure about the overdraft excess fee (it's seems so long ago I did this, my memory is starting to fail me!). Can you tell me how much this charge is? If it is £30 each time, claim it.

 

Don't worry about the manual intervention...'standard letter' proves that the loss they 'suffered' is no way near the amount they have been charging.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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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Hi Closey,

 

 

I know I cannot claim for my account charge, however my O/DRAFT INTEREST ammunt ranges from £0.84 to £20.60. My O'DRAFT EXCESS FEE is around £20 to £60 to £90, in one month alone I have two lots of £60 comming out do to O/DRAFT EXCESS FEE. It seems I have very few un paid direct debits or returned cheques.....from what I can see the bank have allowed them to go through which has sent me over drawn but it is hard to see for sure.

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Yes, claim back the O/DRAFT EXCESS FEE, along with unpaid DD fees and unpaid cheque fees. Closey is right, the account charge is about £7 pm (for mobile phone insurance, travel insurance and basic cover with the AA) and you cannot claim that back.

Good luck with your claim :-)

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Thanks everyone,

 

I have just started working on opening up my own business and with how its going with Lloyds charges it will never happen, this would help give me that lift finally. Thank you again for your advice.

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In terms of the account charge, there is a possibility you may be able claim this back if Lloyds upgraded your account without your say so. If you have no knowledge of agreeing to this additional service ask them to produce a contract you signed. If they cannot do this, then they have been charging you for a service you never requested. I would then include these amount of £7 in your claim and advise them why.

 

If you wanted to try and work out what overdraft interest you can claim there is a spreadsheet here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

Please note, the spreadsheet that calculates the 8% can only to be used when filing your claim.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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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Right I have just worked out charges to date and this is how they breakdown on 6 years worth:

 

O/DRAFT INTEREST: 241.88

O/DRAFT EXCESS FEE: 1735

O/DRAFT USAGE FEE: 95

UN PAID CHQ: 87.50

UN PAID D/D: 240

 

I have been looking around the forum and using the advice given already (thank you for your help again) I work out that I can claim for all of the above except for the O/DRAFT USAGE FEE and O/DRAFT INTEREST. Can anyone tell me if this is correct?

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Yes I have but i want to make sure I am trying to recover the correct parts before I go ahead and send it to the bank. The FAQ section is very helpful in the step by step process but does not mention with regard to O/DRAFT INTEREST from what I can see, it states:

 

Q. I get charged a £5 (£10, £15) fee every month for an overdraft on my current account. Can I get these back too?

 

A. If this is a service you have agreed to, then no - there is nothing unlawful about charging for a service provided.

 

I know I cannot claim for my account fee of £7 because that is totally leagal (along with my O/DRAFT USAGE FEE) but I just wanted some clarification that the O/DRAFT INTEREST FEE wasn't covered under this question.

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Everything else is clear it seems except for the over draft interest, I have been advised to include it in my prelim letter. I ham having trouble finding which is interest caused by the charges and what is general over draft interest. The bank it seems is unable to help in defining which is which. As a result I think I am going to aim for the side of caution and not include them to be safe.

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Sorry, I wasn't about for your last couple of post.

 

First stage started....best of luck.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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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Hi everyone.

 

I recieved the banks reply to my preliminary request for repayment. I have not heard of the bank replaying to the prelim letter with this response, I wonder if anyone else has recieved one and what I should do now? At present I am over my over draft by £224 due to the bank taking charges off me this month and last, as I am a freelance worker my pay changes and is not regular. And this is the letter:

 

Dear Mr Ryan

 

I am just writing to let you know that we have recieved your complaint - and to say how sorry i am to learn that you are unhappy with us.

 

You have my assurance that we will investigate the concerns you have raised with us - this may take a little time but I would expect our enquiries to be complete within the comming 2 weeks. We will then be able to respond in full to your complaint and at that stage, I hope, resolve matters between us.

 

blah blah

 

Sharon Jones

Customer Service Advisor

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It is a common reply .. do not let them dictate the time limit you stick to your time limit and then go on to the next step.Anyway when you send the LBA it gives them a further 14 days so by then they would of finished their enquiry and decided that they are not giving you your money back :rolleyes:

 

Any further charges you have recieved add to your next letter ( without an explanation ) you can do this right up to when you submit your claim into court .You can still add them to your claim after but it then costs you £35 and is not claimable so would advise not to .When you get to this stage if you recieve any more charges we will advise what to do next.

  • Confused 1

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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Thanks for that mjanet. I am soting out the LBA ready for monday. I will continue but I was just concerned that maybe Lloyds had found something I didn't know. Like everyone keeps saying, stick to your own timetable not the banks........this now makes sense.

 

Thank you once again!!!

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  • 2 weeks later...

The update. I sent my prelim letter and recieved a letter from Sharon Jones (customers service advisor) saying they will look into it, then recieved a letter on the 14th August from Ms Muscrat Siddique (Customer service officer) telling me that they are sorry and all that but they were unable to help but I could contact the ombudsman ect. To this I sent my LBA with again the charges breakdown, I have now recieved 16th August in reply to my LBA that Sylvia Smith (customer service officer will look into it but it will again take around two weeks.

 

 

10h July. Data request.

21st July. Data recieved.

27th July. Prelim letter sent.

14th August. letter recieved saying no to refund.

14th August. LBA sent to bank.

16th August. letter recived saying they will investigate again.

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I need some advice on a potentially serious matter with Lloyds TSB. I recieved today (23rd August) a letter from Lloyds saying that they have passed my account to their Collections Centre for a some of £829. My overdraft facility is £500 so I am currently over it by £229 BECAUSE OF LLOYDS CHARGES. I am self employed and am not sheduled to be payed till mid september. I do not know what to do, I have sent my LBA on the 14th August but I don't kbnow which way to go, the money they are owed is money that they have slapped onto my account over the last 3 months and is through no fault of my own other than being self employed and having a bad 3 months of work.

 

Any advice on this matter would be greatly recieved.

 

Gary

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First of all, don't panic. This is becoming a standard Lloyds tactic - if you click the link in my sig you will see I'm in exactly the same situation.

 

They CANNOT pass on any details of this debt to the reference agencies as it is dispute, and for them to do so would violate section 13.6 of the banking code. You need to write to them (don't phone, you have proof this way) and tell them that as your account is in dispute you will not be repaying the excess until the matter is resolved. If you dont have a parachute account, get one now and stop using this Lloyds account completely. Do not be bullied or intimidated by them.

 

Lloyds are getting very vicious andwill do anything they can to put you off your claim and get their mony back. if you look at my thread youll see Ive written them a couple of letter, maybe theres a few ideas there on what you could say, if not let me know and I'll help you write a letter to them.

 

Whateer happens, stick to your schedule and proceed with the claim.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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hi i have just read the letter ref collection dept can you tell me if this also aplys to default notices of wich we got two from ltsb on thursday 24.8.06 as we are in the process of getting to the court paper stage and getting fed up of phone calls from ltsb about three a night just dont answer them now.just getting sick and tired of repeating the same answer to the idiots on the phone and then they ring back the very next night any help please

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If they have defaulted you since your debt was disputed they have broken the banking code. If I were you I'd write to them as well as all other relevant organisations informing them of this.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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From the Banking Code:

 

13.6 We may give information to credit reference agencies

about the personal debts you owe us if:

• you have fallen behind with your payments;

the amount owed is not in dispute; and

• you have not made proposals we are satisfied with

for repaying your debt, following our formal demand.

 

13.7 In these cases, we will give you at least 28 days’ notice

that we plan to give information about the debts you

owe us to credit reference agencies. At the same

time, we will explain to you the role of credit reference

agencies and the effect the information they provide

can have on your ability to get credit.

 

Also follow this link http://www.consumeractiongroup.co.uk/aboutus.php and read the left hand column, The Banks' Abuse of the Credit Register. From what I understand, if they do issue you with a default they can't pass this on to the credit agencies while the account's in dispute. If your account is in arrears because of charges and you claim them back, I don't think they can then pass the default notice on to the agencies.

 

Good luck. :)

  • Confused 1

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Phew, thanks for that. I am starting my money claim tomorrow. I realise now just how visious Lloydscan be. I will write to them regarding the letter just saying that it is in dispute and I am unable to comply with their requset pending court action.

Thank you vey much again Mindzai.

 

Gary

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They will try anything to distract you from your claim, but don't let them win. Even if they have passed details of a default on to reference agencies you will be in an extremely strong position to get it removed.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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