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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
      • 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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mollymoo V Lloyds **WON**


mollymoo
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The allocation Questionaires have to be back with the court within 14 days.

I would imagine 7to 10 days fromthis you will have a court date.

This is what is hard to predict..the court date itself.

I am not fully versed on how Lloyds behave at that stage,as you know some banks settle or start to make offers at this point.

Some take it right to the wire and settle at the 11th hour.

I think you should have a look at some settled Lloyds cases or maybe ones that are slightly ahead of you.

Again tho......the fixing of a court date naturally depends on how busy your court is.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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will the courts progress before the AQ deadline date if it has been received or will they still wait until after??

 

does anyone else have the 27th as their date?

 

how do i change the name of this thread as it is a bit dated now.

 

mollymoo

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how do i change the name of this thread as it is a bit dated now.

 

Hi Mollymoo,

 

I can't help you with anything else as I am not at the stage you are yet. But I think I've read somewhere before that to change the title of your thread you need to PM a Moderator.

 

Hopefully I'm right and good luck with your claim,

 

Lucid :)

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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sorry for delay, school matters took over for a few months !

 

I received my letter saying defense had been filed 07/09/06

my date for questionaire to be in was this Mon 25/09/06.

So I guess we just have to wait for the court date now ?

 

I think we are close on the time line Molly, I'll post in my Freebird thread the minute I hear anything. so put me in your quick links.

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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well,

 

the AQ plus copies of everything have been sent to both SCM and the court.

the court have cashed the £100 for the AQ so progress is being made there. but having checked my recorded delivery for SCM on royalmail.com, it says that info is not yet available, implying that they havent had it yet.

The court has definitely had theirs and i guess thats the main one.

 

BRING IT ON!!!!!!!!

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I'm at the same stage as everyone here, AQ had to be back with the court by 230906, filled mine in and sent a copy to SCM recorded delivery wcich they got on the 11th, so now we wait for the court date or an offer....:rolleyes:

My Cases

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/14777-rbphot-lloyds-tsb.html?highlight=rbphot

 

My useful posts

 

http://www.consumeractiongroup.co.uk/forum/general/26095-bank-credit-charges-eec.html?highlight=rbphot

 

;) The Masses Will Always Prevail

 

Rbphot

 

Lloyds TSB, (£2.5k) Data Protection Act-150606, Prelim letter-050706, 2nd LBA-140706, Money Claim submitted 010806(6QZ51069), Claim Agknowledged 040806:D , AQ submited today-070906

Lloyds TSB Amex, (£60) Data Protection Act-150606, 1st LBA-110706, 2nd LBA - 040806, SETTLED 50% of amount.:D

Citi Cards, (£995) Data Protection Act-110706, Prelim letter-210806, LBA - 040906

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The website relies on the postie logging on the delivery.

This is not always done when it is (and sometimes not done at all)

I know this as a Postie told us on here.

 

Unlike special delivery where they have cotton gloves.

You should reasonably expect it to have been delivered after 2 days.

I would not rely on the website as verification at this point.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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don't worry, i'm not.

having received post at 730pm last week and then having to retrieve it from a totally different address this week, i have lost faith in the postal system.

 

i have done my bit by sending it recorded. it is in the hands of the court now and after the pathetic attempt at a defence, i am hopeful of a settlement soon.

 

although i am sure that the usual court date will be set.

 

is it standard to receive a copy of Lloyds' AQ?

 

mollymoo

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Yes its standard to get a copy of the AQ from the other side (happens in all cases )

 

Its part of the Civil procedure rules.

They will also get a copy of yours.

 

After a week or so once both sides have them you should get a date.

This is dependant on how busy your Court is.( and also the date that its set to )

Judges hearing these cases frequently know that it does not take long (due to the defendant not turning up and settling out of court )

 

Thats prob the one good thing about it all.

There is a distinct air of predictibility about it all.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Molly, see my thread, the woman in the bloody court suggested that it would be late November if I get a court date !!!!

 

I'm depressed again 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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Do any of the Mods think that maybe letting on to SCM - that Late November might be the earliest date - could be an idea?????

 

At the end of the day, they might decide to offer settlement as opposed to having to pay an extra 2 months interest.

 

my AQ date is Wednesday so i fear i will suffer the same answer if i telephone the court. my court is a very busy court anyway.

 

anyone with any suggestions?

 

Chin up Freebird.

 

mollymoo

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Hi all,

 

ADVICE NEEDED!!

 

i have just received a copy of Lloyds AQ from SCM.

 

They ask me to acknowledge safe receipt and to send a copy of my AQ to them ASAP. I did this 8 days ago (recorded delivery which hasnt been acknowledge on Royal Mail's website tracking service).

QUESTION 1 is should i phone SCM and say i have already sent it.???

 

Question 2 is for everyone who has received an AQ:

 

a) what did they put in the "do you wish it to be postponed for one month" box?

b) what did they put in the "how many witnesses will you be calling" box?

c) what did they put in the "are there any dates in the next 4 months when you will not be able to attend a hearing" box??? and if so, when???

d) and what did they put in the "other information" box?

 

thanks all.

 

mollymoo

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Molly, I'm trying to psyc myself up to phone them................

 

 

It's not even October yet and I'm not too chuffed about the idea of waiting another two months fora date !

 

 

 

I'm thinking I say something like,

"do you actually intend to meet me in court?"

if yes

I'll let them know that I am preparing my case with all the facts, plus an outline of my personal circumstances.

 

I'm saying this because, a few years back I took a "landscape gardner"? to court for leaving the back in such a state that the children were having accidents on the "raised" flags and huge gaps with no filler was causing all the weeds to grow through again plus fencing falling down, too much to mention here, but it was a disgraceful job ! after months of arguing I took them to the small claims and the point of mentioning this is.........

 

The judge took my personal circumstances in to account and referred to my health and my daughter's disability and the stress it was causing me.

 

Now I know this was a "garden" issue but they were still providing a service which was very poor and was causing me stress, so I know that the courts can take your personal circumstances it to account when making a judgement !

 

If the judge read out my "story" Lloyds would run a mile and throw the towel in...........

 

I know that Lloyds are a business and personal circumstances don't mean a toss, but if they thought that the Judge would consider the stress etc.....then maybe they might be swayed to settle........

 

 

ok, ok,, am I being totally unrealistic and clutching at straws or do you think I should test the water and phone the solicitors and tell them what a good case I have etc.......?

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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Well said G;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Molly have a look here

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

1. I ticked NO

2. = 1, self

3. list any other holidays or appointments which would stop you from going to court

4. I copied CAG advice here.

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 all, sorry, my wording didnt explain my questions very well. hope this is better.

 

 

This question is for everyone who has received a copy of the defendant's (lloyds') AQ

 

a) what did Lloyds put in the "do you wish it to be postponed for one month" box?

b) what did Lloyds put in the "how many witnesses will you be calling" box?

c) what did Lloyds put in the "are there any dates in the next 4 months when you will not be able to attend a hearing" box??? and if so, when???

d) and what did Loyds put in the "other information" box?

 

thanks all.

 

mollymoo

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sorry Molly, that's where my head is right now :-}

 

I havn't had their copy back yet !

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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Not only would I call SCM to tell them you have already sent it I would call the court and tell them too.

 

Its likely that the Postman has not logged the entry on the system as delivered.

Thats why its not showing.

For peace of mind you could contact them too to ask them for a manual check to verify delivery.

Either way I would cover yourself here.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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see my thread I've just phoned them.................

yes they confirmed, they'd received my AQ.

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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