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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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mollymoo V Lloyds **WON**


mollymoo
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hi mollymoo

I'm doing exactly the same as you at this very moment. Just don't panic, step away from the pc and make a cuppa. when u come back it will be clearer, lol.

Sometimes it takes a couple of re-reads before it sinks in. I was stuck at exactly the same point as you, then i found your thread and all my answers were in it. Think i got it now :eek:. It's a shame i can't get my fone no to you, we could talk each other thru. C'est la vie!

Keep going lovey, we'll get there ...................... eventually!!!!!

the train of thought has left the station, hope i was on the right platform!!

 

____________________________________________________

Lloyds TSB

prelim sent 06/07/06 response rec'd 14/07/06

LBA sent 20/07/06 response rec'd 27/07/06

Moneyclaim filed 22/08/06 Ack'd 30/08/06

Defence filed 26/09/06 AQ filed 12/10/06

hearing set for 10th Jan 2007

 

Cap One

prelim sent 2nd Nov 2006 First offer rec'd 14th Nov

any thoughts, suggestions or advice given by MBQ are done so without prejudice. All information I have, i have learned from this excellent site. If in any doubt, seek professsional advice.

 

 

 

 

 

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hi

cheers

i may even leave it until tomorrow and just chill. won't have the money for court costs until later in the week anyway.

 

just hope it's all worth it in the long run.

 

mollymoo

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Same as that. In fact, are you sure you're not me??? lol

 

Don't mean to hi-jack your thread hun, but does 76p sound right for daily rate

the train of thought has left the station, hope i was on the right platform!!

 

____________________________________________________

Lloyds TSB

prelim sent 06/07/06 response rec'd 14/07/06

LBA sent 20/07/06 response rec'd 27/07/06

Moneyclaim filed 22/08/06 Ack'd 30/08/06

Defence filed 26/09/06 AQ filed 12/10/06

hearing set for 10th Jan 2007

 

Cap One

prelim sent 2nd Nov 2006 First offer rec'd 14th Nov

any thoughts, suggestions or advice given by MBQ are done so without prejudice. All information I have, i have learned from this excellent site. If in any doubt, seek professsional advice.

 

 

 

 

 

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does 76p sound right for daily rate

 

Depends how much the claim amount is.

 

Please post the question on your own thread.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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aaaaaahhhhhhhhhh

 

 

Molly

 

Get a Cuppa, Sit down Relax

 

If you are using the Basic / easy exel spreadsheet you have 3 columns to do thats all

 

1st you enter the Charge description, Then the amount and then the date it was taken on

 

Overdraft interest, If that only occurred because you went over the Overdraft Limit set, Then also include that

 

 

Hope this helps, We will get there, so just

DO NOT PANIC

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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all good advice her girls, it took me a while to pluck up the courage to do the spreadsheet bit.........but once I started last night, I couldn't stop..lol..and then when you've done it, make a cuppa or have a glass of your *favourite and pat yourself on the back, nearly done, just a few steps more and we'll be there !

Hang on to every word that's given in advice to you on here, they're the best....

good luck

Freebird xx

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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hi Sophie,

 

How do i know which spreadsheet to use?

 

Mollymoo

 

Hi Mollymoo

 

The best for you at present is the following spreadsheet

 

England - Simple - Excel

 

England - Simple - Works

 

England - Simple - OpenOffice

Scotland - Simple - Excel

 

Scotland - Simple - Works

 

Depending on where you live Scotland / England, select the one which your computer can run

 

I use the following, as I cannot get my head around the Advanced one as yet, too much on in my life

 

England - Simple - Excel

 

Please email me if you still having difficulties, as I will help you, this is a important document to get correct

 

But if you want a simplier life, Forget the 8% in total, Just Claim the £2470

 

But you are entitled to the Full amount, they have had interest and your money too long now

 

Email me - [email protected] I will help where possible

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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so i just change all of the "in respect of" column to suit my circumstances?

 

how do i work out the 8% of the various figures spanning over the 6 years?

 

and in the "days since" column, what date am i going from?? today? date i first started claim? or when?

 

cheers

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also, i did not do the spreadsheet in my earlier letters to the bank. will that matter?

i just sent them photocopies of all of my previous statements and highlighted all of the charges i was claiming back?

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how do i work out the 8% of the various figures spanning over the 6 years?

 

The spreadsheet calculates this for you - just type in the date and amount of each charge.

 

and in the "days since" column, what date am i going from?? today? date i first started claim? or when?

 

The spreadsheet will also calculate this for you if you type in the date of the charge.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi,

the 3 things i have in the "in respect of" column in my spreadsheet are:

Unauthorised borrowing fee

Overdraft Interest

Overdraft Excess fee

Unpaid D/D

Is this right???????

also i was charged an "overdraft usage fee" about 4 years ago. What is this and do i claim this also?????

 

cheers

Mollymoo

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Hi Mollymoo

 

Unauthorised borrowing fee - OK

Overdraft Interest - OK

Overdraft Excess fee - OK

Unpaid D/D - OK

overdraft usage fee - OK

 

You can go for

Standing order charges, Failed cheque charges also

 

Seems you are now getting there - Keep it up, its not as difficult as it seemed - Is it?

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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I Think It Was Because I Looked At The Advanced One First.

There Are That Many Charges Though That It Takes Some Filling In Doesn't It?

Oh Darn, This Is All In Capitals. Please Forgive Me.

 

Mollymoo

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I suppose the advance one would scupper the less experianced ones on site

 

Now you are there, its now plain sailing, You have me on your back now, and watching your progress, no getting rid of me

 

Never tried a message in Caps yet, nut as you say it must be magic

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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i am not there yet. although i have just put the figures in.

 

i am going to ask some really thick questions now.

 

won't the bank say "why are you adding 8%"?

 

how do i get the spreadsheet onto the claim form?

 

what is the step-by-step guide from filing the claim to the end of proceedings??

 

cheers

Mollymoo.

 

p.s. feel free to be on my back as much as you want. it'll keep me on my toes.

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i am not there yet. although i have just put the figures in.

i am going to ask some really thick questions now.

 

Do not worry, Been there done that, got the T shirt

 

won't the bank say "why are you adding 8%"?

 

They won't ask, as you have every right to claim interest, just as they have

 

 

how do i get the spreadsheet onto the claim form?

 

You do not copy the spreadsheet on to the claim form, Unless you actually get to court, Then provide the spreadsheet

 

The Spreadsheet is basically to work out how much in Charges & Interest has been applied.

 

So Once fully completed, you should get 3 figures at the bottom, ENSURE that ALL Details that are NOT associated with your account are not on the spreadsheet

 

what is the step-by-step guide from filing the claim to the end of proceedings??

 

Not sure what you asking here, please enlighten me

 

cheers

Mollymoo.

p.s. feel free to be on my back as much as you want. it'll keep me on my toes.

 

I'll keep you on a level, You are here, means that you want your money back, Keep your chin up, and wait, it will come

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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what i mean is, what will happen when i send the moneyclaim form?

and then what? and then? and then? until i finally get my money - fingers crossed.

 

what should i put in the main part of the moneyclaim form then? just the total i am claiming and why?? or a fancy letter to wow them and make me look good?

 

cheers

mollymoo

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what i mean is, what will happen when i send the moneyclaim form?

 

After its completed, and paid for, it will be served on the Company you have named.

 

and then what? and then? and then? until i finally get my money - fingers crossed.

 

About a week later, or two, they will acknowledge the Claim, and Highly Probably say they dispute it and intend to defend.

 

Around 3 - 4 weeks after that, they will submit their defence

 

and the court will send on a Allocation questionairre with their defence, which will need to be filled out (ask when You get it)(do not want to confuse matters yet)(One Step at a time Mollymoo)

 

Around 1 month after, the Solicitors will most probably conatct you, offering a settlement (Again - seek advise when that happens)

 

what should i put in the main part of the moneyclaim form

 

This is the Main Part, Change it to suit your case

 

Claimant has account XXXXXXXXXX with Defendant from approx (M / Y) conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over XX years plus interest they have levied on those charges. The defendants charges are a disproptionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Acts 1977 s.4 and Contracts Regulations 1999.Para.8 and sch.2.1.e. In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Court Act 1984 at a rate of 8% a year from (D/M/Y) to (D/M/Y) of £XXX.XX and also interest at same rate up to judgment or earlier payment at a daily rate of £0.XXp

__________________

 

For the Final part of above the daily rate of interest, On your spreadsheet, put the FULL total - Charges + Interest in one of the columns, and yesterdays date, and you will get a Daily Rate.

 

(send me your Spreadsheet, and I will assist)

 

 

then? just the total i am claiming and why?? or a fancy letter to wow them and make me look good? cheers mollymoo

 

In the claim, its not a Human Rights issue so tick NO

 

You are Claiming interest tick YES

 

The total for the Claim is as follows

 

TOTAL Charges + TOTAL Interest that has been worked out on the spreadsheet

 

= Total ££££

 

You have explained Why you are claiming in the Main part, so no need to say why elsewhere

 

NO Fancy or otherwise Letter needed

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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thanks so much for that.

 

i will do all of that this evening as i have to go out now. i should be ready to file my claim on thursday money permitting.

 

ooh isn't it exciting.

 

mollymoo

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hi,

just a quickie,

on that template what dates do i put in for this bit:

 

Claimant claims interest under Sec.69 of the County Court Act 1984 at a rate of 8% a year from (D/M/Y) to (D/M/Y) of £XXX.XX and also interest at same rate up to judgment or earlier payment at a daily rate of £0.XXp

 

cheers

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