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    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
    • According to Parkopedia parking is limited to two hours.  I don't know how accurate this is though. What were you doing there for four hours?
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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.

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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KAZZAW v Lloyds Asset Card - EVERYONE READ post 15 & post 219 !!!!!!


kazzaw
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Hi Bong - I agree with you on the binding contract point, but I think Odine's problem is that the claim seems to have been discontinued (although cancelling the hearing may not amount to a discontinuance, it depends on the timing and other facts) and so he/she would have to start a new claim, but based on the terms of the binding agreement.

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GuidoT/Bong

 

i think you have both raised valid points, but i think the crux of the problem for Odine is what evidence they have to show what the agreement was?

 

It is also true as GuidoT points out what the 'cancellation' amounted to.

 

Since we are guessing perhaps Odine could fill in the details which would put us out of our misery.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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A word of advice, from my own experince of Lloyds people need to be aware that they are not to be trusted. I received a written offer from their solicitors offerring to settle my claim which they reneged on after I had accepted it and had cancelled the hearing. Leaving me without a court hearing and money. So I'd keep any case involving Lloyds running untill you get cleared funds.

Judging by the original post, it appears that the offer from the Solicitors was actually written, thus a formal offer that must be honoured. If this is the case I don't see any problem getting a court to enforce this ?

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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but it is the response that is critical, an offer alone doesn't make this a contract.

 

I don't think, despite maybe some confusion, that anyone is disputing that there is any problem with a written offer, the only issues is whether there is good evidence of the acceptance.

 

i think that whatever the outcome for the OP the lesson must be to make sure that when an offer is accepted that the response is as important as the offer, and never to close a claim until the cash is in the bank.

 

Be good to hear from the OP though.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Be good to hear from the OP though.

 

Glenn

 

Would that OP be me?!!! :) Or everyone else who pops in?!!! :rolleyes:

 

If anyone's interested I still haven't had my money but I spoke to the Court today & I'm expecting further correspondence from them soon. ;)

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Im extemely sorry Kazzaw, got a bit carried away.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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One of the big developments lately is the banks openly contacting clients by telephone with offers of settlement. You should always insist that any offer is put in writing and stress on the telephone that you are not agreeing to settle over the phone.

 

If you agree to settle, you should state your terms, and one of those must be that you are prepared to settle on the provisor that you receive payment within 7 days.

 

If agreed and not honoured, you have further proof to put to the Court that you have again been duped.

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The golden rule on CAG is make sure the funds are cleared into your account before cancellibng the claim at court.

 

We should all be aware of the devious tricks they will try by now. :(

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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KAZZAW so what is happening now as you seem to have past the deadlines from the courts etc or is it still at a sensitive nature to mention all the best

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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Hi everyone

 

Sorry to keep you in suspense!!

 

I'm waiting for an update from the Court. May be in the post tomorrow.

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Just subscribing to this fascinating thread - lets all hope that soon other Judges follow suit and this then eases the process for those trying to get their charges back from the Banks.

 

It's a shame the Banks have been able to abuse the courts like this to prolong claims etc.. Hopefully this should see thing changing?

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I am just about to start out on the first stage of reclaiming charges against LTSB, I have a couple of questions perhaps someone could provide answers.

Firstly I have two accounts in my letter asking for breakdown off charges will I have to send a letter for each account along with the £10 charge for each or will one cover both ?.

 

Secondly when I submit my claim for refund again will I have to submit two claims or just one to cover both accounts.

 

Your help is appreciated I suspect my charges will be a few thousand so heres hoping i'm not to late.

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hi cash machine, and welcome to CAG

 

you will need to start your own thread in the Lloyds forum where you will be able to update your claim progress as you go along. If you go to the Lloyds forum here http://www.consumeractiongroup.co.uk/forum/lloyds-bank/and click on the blue "new thread" button you will be able to start a new thread. To continue with your thread you need to reply to it, as others can.

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CORRECT! ...but to answer your question, a Subject Access Request is about a PERSON, not an account; so you submit one request per person.

 

Cheers...

 

They do seem to like to forget second accounts so mention both account numbers.

 

As Bong said please start a new thread in the LTSB forum then we can help you a lot better.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Sorry to keep you all in suspense but I can now give you more information.

 

A few days after the original (now famous KAZZAW order!!) Court Order I received a letter fom SCM offering the full amount including interest together with a cheque. BUT!!! It included a CONFIDENTIALITY CLAUSE!!

 

After seeking advice from BF, Mods etc I returned the cheque with a letter to SCM stating that I would not accept it as I was not prepared to sign a confidentilaity clause, particularly in light of the District Judge's Court Order.

 

I then sat back & waited. And waited... And waited... A week after the deadline I rang Newark County Court who told me that SCM had written to inform them that the claim had been settled in full!!! :-x

 

The Clerk informed me that a Judge would be looking at my file on 29th January so I quickly faxed over a copy of the Offer letter and also wrote a letter to the Court explaining my reasons for not accepting the payment.

 

I also rang SCM to see what they had to say & was greeted by a very officious lady who told me they were too busy to answer questions over the phone & I should continue my case through the Court.

 

Today I received this little beauty: :)

 

Before DISTRICT JUDGE ....... sitting at Newark County Court...................

 

EX PARTE and

Upon reading the Claimant's faxed letter dated 26 January 2007.

 

IT IS ORDERED THAT

 

There be Judgement for the Claimant in the sum requested - £246.34 payable in 14 days (i.e on or before 12 February 2007.)

 

Dated 29 January 2007

 

I am now patiently waiting for my cheque!!!

 

And don't worry - I will be sending in the Bailiffs if I don't have the money on 12th February!!! ;)

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Wooo-hooo, I like your judge very very much - nice one Kazzaw & congratulations :)

 

Cheers

 

Michael

 

Thanks

 

And it was a different Judge this time too!! ;)

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Congrats m8

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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