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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Excessive Charges * * WON * *


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Congratulations princess,I am gonna take on lloyds too.Paid £520 charges in the last four months alone,I guess over the six years the BANKSTERS have had approx £1500 from me.Joined the site last week and getting as much info as I can, learned a lot from you.Thank you and well done.

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Congratulations Princess, a great result. I bet you are over the moon about the result. Your thread is superb, well done on commenting as much as you have. I think this thread is great in showing time lines etc and how to progress a claim.

 

:)

 

Well done again!

regards,

 

InterSimi

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Congrats PrincessAphrodite, well done!!

 

Lets hope my clam goes the same way. Just waiting for my first letter from them full of waffle.

Time Line

 

1st April 2006. Sent First Letter.

3rd April 2006. Got a reply telling me it is being looked into.

17th April 2006. Leter Before Action Sent Today. 1st class post recorded delivery.

21th April 2006. Got reply telling me no way.

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Hi Princess - your time frame for your claim is exactly the same as mine! I filed for the judgement yesterday only to find out this morning that Lloyds acknowledged the claim on the 4th! Darn was so close! Fingers crossed that you have managed to get your judgement.

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Hi Guys,

 

Well oh my word!!!! Things have changed slightly!!! I knew I spoke to soon!!

 

Having filed the Default Judgement on the day Lloyds' time was up I didn't realise that it takes until 10am the following day for my information to be accepted by Moneyclaim.

 

Lloyds filed an acknowledgment at the 11th hour!!!

 

I can't believe it!!

 

what a pain!

 

Well I will still win lol.

 

Biscuit - I just reread your post!!! They are b*ggers aren't they! Keep us posted! As will i!

Princess of Power!

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You did well though Princess. I guess that is going to be their ploy, to give you longer to "stew" over things and to get you all flustered and annoyed.

 

Stay strong. We are all wishing you well in your claim.

regards,

 

InterSimi

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hi princess.

 

 

 

 

dont worry they are playing for time like somebody else said they are trying to get to you dont let them.

i sent my l.b.a. late last week and they took another £35 of me yesterday i wouldnt care (becouse i will get it back) but it was from my tax credit payment,

 

 

chin up keep gouing all will be well.

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Just make sure you have a parachute account Merly, it will be ok and just follow the steps. You are welcome to use my notes here as reference along the way if you get stuck, etc.

 

Good luck!

 

On another note:- If anyone is having trouble with the Particulars of Claim here is mine (without my details):-

 

Particulars of Claim

 

Claimant has account 00000000 with Defendant from approx 00/00/00 conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years plus interest they have levied on those charges. The Defendant’s charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer 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.Defendent has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 00/00/00 to 00/00/00 of £000.00 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.11p.

 

Some abbreviations, etc. but it fitted in the gap provided and the claim has been accepted.

 

Hope this helps some of you.

 

Hi princess, I am wandering about your wording, particularly:

 

of 8% a year from 00/00/00 to 00/00/00 of £000.00 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.11p.

 

What dates did you enter? Was it 6 years from todays date up to todays date? Also, where did you get the 11p a day from?

regards,

 

InterSimi

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Intersimi 11p is the daily interest rate in monetary value. This is how you calculate it

Lets assume your claim is £100

so what you do is divide 8% (yearly interest rate) by 365

0.08/365= 0.022 (I think, I don't have calculator and the one on pc is rubbish)

then you multiply your claim £100*0.022

which should give you your daily rate.

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hi princess

 

 

I expect your feeling pretty low by know you know what i mean one minute your in the clouds next your sent down again.

 

 

Just hang on in there you will meet your goal justice will profail in the end .

 

We are all with you (in our house anyway and I am sure in this forum)

 

you will get there in the end it is just a matter of holding on and keeping your cool.

I am sure you can do this . I am thinking of you .

 

 

 

 

Best wishes

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Hi All,

 

Thank you all for continuing support and input - it really helps!

 

Lotta Littlies - Lloyds have now got a further 14 days to respond or prepare a defence - although I am hoping for a similar response to yourself!

 

Kotum45 - I didn't alert them at all with this apart from of course my template letters, so they may have just pulled their finger out and got there at the last minute or did it malciously, I don't know.

 

Paulclarkson1985 - Thank you so much for your words - I'm not down at all though, I'm a positive person and Mrplan74 and I are helping each other through the steps. Its not really traumatic at all! And with the knowledge and the information and support gained from this site - its all good. And we will WIN! As will all of you and those who are reading and wondering if its possible to get their charges back.

 

 

On a funny note - I recieved my Lloyds Acknowledgment from Moneyclaim yesterday when I got home form work and with it were TWO other peoples!!! Half of it stapled to mine!!! Moneyclaim MUST be busy to make a mistake like this!! Will have to send those back quicksmart I am sure the rightful owners will be wanting those! - One is definately NOT a 'bank charge' one and I'm not sure about the other.

Princess of Power!

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Hello your Highness!

 

I have been pondering what direction your plight had taken to date.... I have been watching intently, as have others, obviously!!!

 

Goes without saying GOOD LUCK!!!!!!!!

 

On a more personal note i am a few steps behind you so i know what to expect on the horizon. It's only with the virtual support from other facing the same problem as us, that carries me forward with this situation, normally i would n't have thought that taking on the banks would pay dividends but now.... the world is OUR oyster!

 

Carp'e dium ( well you know what i mean anyway!

 

 

As before ....

 

I wish you well.

 

Kevin

Good Luck All...

 

Fruitbat

 

In the words of a once great man \" Living is easy with your eyes closed, misunderstanding all that you see\" John Lennon

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