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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.

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      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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steffylou vs Lloyds TSB * * WON * *


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hey guys...maybe i should have started my postings earlier on here.

this morning i recieved from the courts " notice that acknowledgement of service has been filed" so Lloyds have 28 days to file a defence. they have ticked on the box that they intend to defend all of the claim...mmm, ok.

to cut a long story short, about a month ago i sent the £10 for request of charges. got that 2 weeks later, asked for them back with the preliminary letter ( about £800 ) , and got the same bog standard letter you all have ie...we provide a service blah blah, you can contact the ombudsman etc etc.

so then went to the LBA,no joy, then to the courts ( via money claim ) where i added on the interest. and now theyve responded that they have decided to defend all the claim. its throught the Sechiari Clark & Mitchell that iv heard mention before. so yeah here goes.......

on and on it goes!!!........:???:

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Well you are certainly not alone and I bet you have already read through all the similar responses and know the drill :) If you do get stuck though, just ask. Best of luck, will be hoping you get your money back soon :)

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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  • 4 weeks later...

Hey guys, the 28 days you have to wait, after the bank have decided to defend, is actually up tomorrow, and i havnt heard a thing from anybody!!!! what do i do???!!

they were served the papers on the 3rd, and tomorrows the 31st...???

on and on it goes!!!........:???:

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I am at the same stage as you the 28 days is up on the 2nd Sept which is a Saturday. I asked the same question and was advised this.

 

That my 28days would be up on Monday 4th and I cannot put default jugement in till Tuesday and maybe best to even leave it till Friday. I was told lloydsTSB may still ask for judgement to be stopped so they can defend the case.

Not sure if that will be correct. But if I was you I would put in default judgement on Friday and see what happens?

 

You can argue if they ask for more time that they have had plenty. Do not be surprised if they post there defence tomorrow they have till court closes tomorrow.

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

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ok i see, thanks for that. when i read it in the step by step guide, it basiclly says that if no response is recieved after 28days, you win by default. if no response is recieved after that you have the right to send the bayliffs in??!!

 

so how do i put in the judgement, do i do i via moneyclaim, or through the courts???

 

i was hoping it would have been done and dusted by now!!!!

on and on it goes!!!........:???:

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if you put your claim in via money claim click on start jugdement and follow instructions... have you heard any thing yet?

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

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i recieved my notice of transfer of proceedings this morning, on exactly day 28......they havnt half dragged it out. i now have to fill in the questionaire.

bugger!!!!

where are the notes on here for filling out the questionaire?....ill have a scan through now

on and on it goes!!!........:???:

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Good luck... they always seem to leave it till the last minute... they really like to make people wait for there money... same they had the aurthority just just take there money out fof your account when they want to.... if you know what i mean

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

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  • 2 weeks later...

Hi steffyloulou,

 

The chances are the Lloyds solicitors would have asked for a month to "negotiate a settlement" on their allocation questionnaire. Its all part of their stalling tactics I'm afraid, and is probably the reason you have'nt heard anything yet. Your best bet is to ring the court and ask for an update on the status of your claim. I have always found the court staff to be very helpful.

 

Your doing great so far, and it won't be long now untill you get your money back, I'm sure.

 

Best of luck

 

Gary

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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i think everybody thinks their gonna be the first to go to court....!!

stef

 

Yep, everyone gets a bit nervous about that! Its only natural and its a good thing in a way becouse it shows your not complacant or taking it to lightly. Remember though, Lloyds have not defended 1 single claim in court yet, and probably don't intend to.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Remeber to use the guide notes in the templates library when filling it in - particularly make sure you include the request for standard disclosure in section G 'other information. Make a couple of copys, keep one for yourself, send one to SC&M, and send the origional back to the court.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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iv got a court date through today for the 1st of december...is ther anything i can do to hurry it along?.....it seems a long time to have to wait, and can they do that???!!!

also is there anything i need to do in the meantime, i mean i got the lloyds questionaire back with their answers on it, but i dont think i have to do anything with that do i ?

 

thanks guys

on and on it goes!!!........:???:

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  • 2 weeks later...

Hi at least you have a court date... The allication questionnaire from both Lloyds and myself was returned to the court on or before the 18th September and I have still not had a court date... I have called the court twice they said it has been Allicated to the small claims track but because of the court being very busy at mo there is a delay on giving out court dates! Hang in there you are neally there... and at least you know you will have your money before Christmas... You could try writing or calling solicitors and tell them you have a court date and are lloyds going to settle before hand.

Jules x

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

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it's the pits..that means you might get an offer on 30th Nov. eh !!!

I'm sick of them.....

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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  • 5 weeks later...

hey guys, iv not posted on here for a while, but the state of play is im still waiting on my court date, which is the 1st of december. iv heard nothing form the bank regarding this. i filled in my questionaire etc and done everything properly, so do i just wait, or try and do something else.

 

i have a horrid feeling i might be going to court!!!

on and on it goes!!!........:???:

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Have you had any directions from the court, to provide evidance, etc?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Steffi, have a look in our threads, some times negotiating with them via, phone, fax and letter is paying off, no quick fix but at least then you're showing the court that you're trying to settle before court, tell SCM what you are prepared to accept with out conditions...and let them answer YOU......

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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no nothing. just a date and a time. iv sent them all copies of my spreadsheets with the charges on, and all other relevent documents. so im really stuck!!

 

You need to get in touch with the court, ASAP. You should definately have had directions to submit your evidance by now. Please double check, it would have been on the same sheet as the notice of allocation to the small claims track and the date. Perhaps something like this;

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing.

 

The original documents shall be brought to the hearing.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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