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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
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Kate Brayne v Lloyds ***SETTLED IN FULL***


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Hello Everyone,

I registered back in June, but it's taken me until now to set up an alternative current account (Smile took me on, Nationwide considered me too big a credit risk). I'm going to be asking Lloyds for a refund of £2615 charges on my personal account over the last six years, and £715 on my joint account over the last six years. I'm quite worried about the process, but steadfast in my determination to go all the way to court, if I have to.

I will keep in touch now.

Best wishes,

Kate Brayne

Preliminary Letter Sent: 05/08/06

Letter Before Action Sent:23/08/09

Money Claim Online Filed:11/09/06

Settlement Offered: 13/10/06

Wrote letter accepting settlement but rejecting confidentiality clause 16/10/06

Allocation questionnaire received 07/11/06

Phoned solicitor to find out what happening, told to resubmit letter accepting settlement but rejecting confidentiality clause 13/11/06

Received letter from Lloyds giving notice that they are closing my account in 30 days 18/11/06

Money received in full 20/11/06

Wrote new letter to Lloyds asking for repayment of all charges imposed since 11/09/06 on 21/11/06

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Best of luck - they are not the easiest to deal with but it will be worth it in the end.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Best of luck with Lloyds. I have also looking to get a refund of over £2000 (this is between July 2002 to present day, awaiting copies of statement back to 2000). Also, worried about outcome. However, have been feeling more confident as I read more and more on this site.

I am also looking to reclaim over £12,000 my partner and I paid as a redemption fee to a mortgage company. Any advise about this would be grateful.

 

Regards

 

Chelsea

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Dear All,

I have sent off my preliminary letters today - I have sent three separate letters for the three accounts I am claiming for. Will keep you posted of results.

Kate

Preliminary Letter Sent: 05/08/06

Letter Before Action Sent:23/08/09

Money Claim Online Filed:11/09/06

Settlement Offered: 13/10/06

Wrote letter accepting settlement but rejecting confidentiality clause 16/10/06

Allocation questionnaire received 07/11/06

Phoned solicitor to find out what happening, told to resubmit letter accepting settlement but rejecting confidentiality clause 13/11/06

Received letter from Lloyds giving notice that they are closing my account in 30 days 18/11/06

Money received in full 20/11/06

Wrote new letter to Lloyds asking for repayment of all charges imposed since 11/09/06 on 21/11/06

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ones business, two are personal ? You can join the personal ones up in one letter/claim - and the business one keep seperate - you can claim at the same time even if they go over 5k as they can't (as far as I know) amalgamate the business and personal claims.

 

Good call, must pay more attention!!

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Dear All,

So I sent off three separate preliminary letters on Monday, (now I know I could have sent one to cover both personal accounts) and have received the standard response from Sylvia Smith "just writing to let you know we've received your complaint" etc.

Will keep you all posted about developments.

Kate

Preliminary Letter Sent: 05/08/06

Letter Before Action Sent:23/08/09

Money Claim Online Filed:11/09/06

Settlement Offered: 13/10/06

Wrote letter accepting settlement but rejecting confidentiality clause 16/10/06

Allocation questionnaire received 07/11/06

Phoned solicitor to find out what happening, told to resubmit letter accepting settlement but rejecting confidentiality clause 13/11/06

Received letter from Lloyds giving notice that they are closing my account in 30 days 18/11/06

Money received in full 20/11/06

Wrote new letter to Lloyds asking for repayment of all charges imposed since 11/09/06 on 21/11/06

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  • 2 weeks later...

Dear All,

So I've now had the standard reply to my preliminary letter from a Ms Siddique Khan (they waited the full 13 days before posting it, but I can be patient...), so today the Letter Before Action goes off. Interestingly, I had a very prompt reply to my Preliminary Letter for my business account, in which they spontaineouly refunded me two lots of unauthorized borrowing fees, plus interest, which they had applied even though apparently I had not gone £50 over my overdraft limit. I had actually missed one of the fees, and failed to ask for it to be refunded, so that was a bit of a result. And in fact in both cases I had gone more than £50 over my overdraft limit, so hurrah!

Will keep you updated, but I'm sure the next thing you hear from me will be that I am filing my MoneyClaim on 7th September.

Kate

Preliminary Letter Sent: 05/08/06

Letter Before Action Sent:23/08/09

Money Claim Online Filed:11/09/06

Settlement Offered: 13/10/06

Wrote letter accepting settlement but rejecting confidentiality clause 16/10/06

Allocation questionnaire received 07/11/06

Phoned solicitor to find out what happening, told to resubmit letter accepting settlement but rejecting confidentiality clause 13/11/06

Received letter from Lloyds giving notice that they are closing my account in 30 days 18/11/06

Money received in full 20/11/06

Wrote new letter to Lloyds asking for repayment of all charges imposed since 11/09/06 on 21/11/06

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Dear All,

I have sent off my preliminary letters today - I have sent three separate letters for the three accounts I am claiming for. Will keep you posted of results.

Kate

:confused: please could you help me with the prelimary letter can l save template to my pc or do l just copy it on word?
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  • 1 month later...

Dear All,

I just had a letter from Martineau and Johnson offering to settle my claim for my business account in full, including interest and MoneyClaim fee - a total of £771.83. I will write back to accept, but to point out that since the original schedule of charges was submitted, they have since charged me another £100+, and if they do not refund that money as well then I will start the whole process all over again.

This letter arrived 4 days after they had sent me the copy of their client's defence. You do wonder why they bother. Also, in the defence it stated that I had cited the Unfair Terms in Consumer Contracts Regulations, which, being a good and diligent student of this site, of course I had not, this being a business bank account. So even when they are preparing cases to supposedly go to court they are sending out stock letters. I shall point this out to them too.

Thank you to eveyone for being a support and an inspiration. I shall take great please in donating £40 as a result of this claim, and when LLoyds pays me back the £3900 I have claimed for my personal account I shall take even greater pleasure in donating 5% of that.

Kate

Preliminary Letter Sent: 05/08/06

Letter Before Action Sent:23/08/09

Money Claim Online Filed:11/09/06

Settlement Offered: 13/10/06

Wrote letter accepting settlement but rejecting confidentiality clause 16/10/06

Allocation questionnaire received 07/11/06

Phoned solicitor to find out what happening, told to resubmit letter accepting settlement but rejecting confidentiality clause 13/11/06

Received letter from Lloyds giving notice that they are closing my account in 30 days 18/11/06

Money received in full 20/11/06

Wrote new letter to Lloyds asking for repayment of all charges imposed since 11/09/06 on 21/11/06

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  • 5 weeks later...

Dear All,

having had a letter from Martineaue Johnson on 13th October, agreeing to settle my claim in full, I still haven't received any money, and in fact was sent an Allocation Questionnaire on Friday. I phoned up to find out what was going on, and it turned out that, in the letter I had sent refusing to accept the conditions they had placed on my claim (which was one of the suggested letters someone had posted on their thread, sorry can't offhand remember which thread it was), I had inadvertantly given the impression I wasn't prepared to accept their settlement at all, and therefore the case was proceding. The solicitor advised me to send back the original letter they had sent me, but to cross out the paragraphs that mentioned confidentiality. She said that the bank would accept this, and she would then advise them to settle. So I guess the lesson is that you have to be really careful what you write, you can have unforeseen consequences if you get the legal jargon a bit wrong.

Hopefull I will now get my money,

Kate

Preliminary Letter Sent: 05/08/06

Letter Before Action Sent:23/08/09

Money Claim Online Filed:11/09/06

Settlement Offered: 13/10/06

Wrote letter accepting settlement but rejecting confidentiality clause 16/10/06

Allocation questionnaire received 07/11/06

Phoned solicitor to find out what happening, told to resubmit letter accepting settlement but rejecting confidentiality clause 13/11/06

Received letter from Lloyds giving notice that they are closing my account in 30 days 18/11/06

Money received in full 20/11/06

Wrote new letter to Lloyds asking for repayment of all charges imposed since 11/09/06 on 21/11/06

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  • 2 weeks later...

Dear All,

So I checked online today and Lloyds credited £771 to my account yesterday. I've had no letter about the case from them or their solicitors, but I knew the money was imminent when I got a letter on Saturday from my business bank manager saying that "following a review of your account I am writing to advise you that Lloyds TSB is unable to continue to offer banking facilities to you". Fortunately, I set up a business account with the nice people at the Co-Operative bank before I started all of this, so no great hardship, but how boringly predictable of Lloyds. it plays quite nicely into my hands though, as I have a court hearing on Monday to request a lift of the stay on my case against Lloyds for my personal account, and one of the reasons I had requested the case go ahead promptly was that I was at risk of Lloyds closing my account at any time!

Anyway, I'm off to pay my 5% now - I've looked forward to doing that for a long time.

Kate

Preliminary Letter Sent: 05/08/06

Letter Before Action Sent:23/08/09

Money Claim Online Filed:11/09/06

Settlement Offered: 13/10/06

Wrote letter accepting settlement but rejecting confidentiality clause 16/10/06

Allocation questionnaire received 07/11/06

Phoned solicitor to find out what happening, told to resubmit letter accepting settlement but rejecting confidentiality clause 13/11/06

Received letter from Lloyds giving notice that they are closing my account in 30 days 18/11/06

Money received in full 20/11/06

Wrote new letter to Lloyds asking for repayment of all charges imposed since 11/09/06 on 21/11/06

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:) :) Congratulations Kate:) :)

Hope you get your stay lifted with no probs and get a court date pretty smartish

 

skb

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Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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  • 4 weeks later...

KATE BRAYNE VS LLOYDS TSB PERSONAL BANKING SETTLED IN FULL!

 

Checked my bank balance last night, and found that LLoyds had credited with me £4,200. So it was with great pleasure that I was able to donate 5% of that to the Bank Action Group. Thank you all. Next question - if you have agreed to settle on the bank's terms (apart from condifentiality), can you then go back and claim for all the charges they have imposed since your original claim went in?

Kate

Preliminary Letter Sent: 05/08/06

Letter Before Action Sent:23/08/09

Money Claim Online Filed:11/09/06

Settlement Offered: 13/10/06

Wrote letter accepting settlement but rejecting confidentiality clause 16/10/06

Allocation questionnaire received 07/11/06

Phoned solicitor to find out what happening, told to resubmit letter accepting settlement but rejecting confidentiality clause 13/11/06

Received letter from Lloyds giving notice that they are closing my account in 30 days 18/11/06

Money received in full 20/11/06

Wrote new letter to Lloyds asking for repayment of all charges imposed since 11/09/06 on 21/11/06

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