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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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Lloyds Debt Help Please


beyondhope
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My husband had a select account with Lloyds a few years ago with a standard overdraft of £50 im pretty sure it was never agreed above the standard. Due to circumstances we went over this limit and of course were hit by charges. Naively of us we ignored it and the debt now stands at £810 made purely of charges. We did write to them and hand delivered it to the local branch asking them to change the account to a standard account to avoid the £7.95 a month charge increasing the debt any further, this request was completely ignored. Life then inevitably got in the way and this didnt get sorted and we now have a DCA chasing it. The account is showing on my husbands credit report as status 8. We believe this debt is now around 4/5 years old but is only showing as a default as of this year?! Is there anyway this balance could be reduced as it is made up purely of charges by Lloyds? I am not running from this debt i want it sorted just wondered if theres anything i can do about the fact it is made up at least 90% of charges. Would it be worth sending a CCA to the DCA? Thanks in advance for any advice and help.

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

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Hi,

I don't think it would do any good sending a CCA to the DCA as generally overdrafts are not covered( there are some exceptions) however, I would SAR the bank to get your statements back and then bang in a claim for the charges to be refunded.

Only when you have put your claim in with the bank does the account become "in dispute", not before so with the DCA, you need to delay them a little so a prove it letter may be the way to go.

I'm surprised they have only defaulted you this year as the bank have a duty to default "in a timely manner". (usually 3-6 months after last payment to the account)

Once you get your SAR back you will be more informed

 

fox

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I did wonder about SAR the bank but didnt know if i would be able to claim the charges due to them not being paid in the first place if that makes sense. The account certainly hasnt had funds go into it for 4 and a half years as we have had a joint account since then and all wages have gone into that, so they have certainly taken their time defaulting.

 

Thanks for your help fox ill get the SAR in and see what we have from there.

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

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You won't be able to claim the money back as you didn't pay it in the first place but you can get it taken off the balance.

 

When you get your SAR back, it should include screenshots of your account history and then you will be able to see why they didn't default you. After that I would complain to the bank and try to get the default removed and if the don't you can go to the FOS.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks again I didnt realise you could claim to have them removed from an account i thought it was only possible if they had already been paid and for your to receive the money back. Thanks very much for your help fox i shall send the SAR this wk. :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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  • 4 months later...

I have been so caught up with another problem I havent done anything with this. I have now received a letter from lloyds stating the same balance as previously so the account is obviously now frozen. The letter included an income and expenditure form. Do I now return the I&E along with an SAR or ignore the I&E and just send SAR? thanks in advance for your help

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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They wouldnt be wrong...

 

Hubby lost his job in feb so now neither of us are working (not for the want of trying :( ) we are receiving income based jsa and £100 child tax credit for 3 young children so theres nothing there for them to have really anyway.

 

Any ideas on best plan of attack? I&E and SAR or just SAR?

 

Thanks

Edited by beyondhope
more info

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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They wouldnt be wrong...

 

Hubby lost his job in feb so now neither of us are working (not for the want of trying :( ) we are receiving income based jsa and £100 child tax credit for 3 young children so theres nothing there for them to have really anyway.

 

Any ideas on best plan of attack? I&E and SAR or just SAR?

 

Thanks

i would just send them the sar request. ha captain daniels and his bunch of piarates at lloyds wont be getting any treasure from you.

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Theres certainly no treasure here and even if there was they would have to get in the queue, this account hasnt been touched for 4.5-5yrs due to having a joint account when we got married.

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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can someone point me in the direction of sar request I have no idea where the one I saved to computer has gone :mad:

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Thanks rhos will get that sent this week :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Thanks again :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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