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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

vikkijarda v Lloyds **WON**


vikkijarda
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Is there anyone else out there who's AQ deadline was 25/7/06 or prior who has received a court date but no letter offering settlement?

4/10/06 - Claim settled in full+costs+interest.

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

 

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It gets a bit worrying when you see others being settled when they were started later. It makes you think maybe I did something wrong. It is comforting to know that there are others in the same position. I guess we just have to wait patiently.

4/10/06 - Claim settled in full+costs+interest.

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

 

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Still waiting here also, got confirmation through that it had been transferred to my local court but nothing from solicitors. Got the defence through 6 weeks ago now??

Sorry i could reply to your pm vikki it wouldnt let me open it??

Data Protection Act Request sent 22nd April 2006 (recorded delivery) to Penny Berryman 40 days up on 1st June 2006.

 

Statements recieved 5th May 2006

Claiming back = £3913.65

 

Preliminary Letter Sent 5th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 9th May

 

Letter Before Action Sent 9th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 12th May

 

Moneyclaim filed issued 6th June (14 days to reply) Time up on 20th June.

 

Acknowledged 15th June (28 days to defence)

Time up on 13th July.

 

Defence Recieved 7th July

 

Going Before the Judge 15th September

 

Court Date 5th December

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  • 3 weeks later...

Have you had any news yet Dappa

4/10/06 - Claim settled in full+costs+interest.

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

 

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I have rad on the Forum about people winning against Loyds TSB but not many seem to have been posted in the litigation concluded section. Is this because people are not letting the Administartors know?

I have a court date of 6/10/06 and nothing yet from Sechari & co anyone out there at the same stage? I just need a bit of reassurance.

4/10/06 - Claim settled in full+costs+interest.

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

 

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hi vikki,

 

in my opinion!! some people when they win dont bother coming back to the site. as they have got what they wanted.

 

also sometimes the bank get them to sign a gagging order so they cant tell anyone that they have won.

 

anyway you will get your money back.

 

do not settle for less that 100% of it back.

 

when you do get the settlement offer reject it and go for all of it back.

 

good luck lisaxx

 

you will be fine!!

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Thanks for the reassurance Lisa I hope your right, do think I should book the day off of work for the court hearing, or do you think they will crumble.

4/10/06 - Claim settled in full+costs+interest.

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

 

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oh they'll crumble.

 

book a day of anyway. you never know it has been know that they send a courier to the court with a cheque!!

 

p.s when you get the cheque which bank are u gonna deposit it in!!?

 

good luck and not to worry there are thousands of us here with nearly 1/4 million refunded. so some people are getting their money back!

 

lisaxx

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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I doubt very much I will get a cheque as I am overdrawn by a far larger amount than I am claiming back in charges. I think they will deposit it in my account or do I ahve a sayin the matter. I have also suffered quite a few more hefty charges since I filed my claim.

4/10/06 - Claim settled in full+costs+interest.

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

 

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Hi vikki,

 

There is precedent for getting Lloyds to refund the charges by cheque - you can make it a condition of settlement if/when Lloyd's solicitor come through with a settlement offer - although that said, wouldn't you rather clear up that overdraft hanging over your head?

 

Similarly, when the settlement offer comes through you may well be able to negotiate with the solicitors for any additional charges made since you filed the claim/began the process. In my own case, Lloyds returned a £30 charge made after the claim was filed without me asking! (Although the buggers did wait until they'd refunded me to slap on another £160 in charges! :o)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hi in the same boat but have has an offer from bank , has tsb sent in theres ?

you can find out just ring the courts if not ask for a judgement .

i mist out by giving them another week if they have mist the dead line go for it

regards Dave

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yes when it comes to negotiating your refund ask them to refund the extra charges so you both dont have to go through all this again!

 

lisaxx

 

you can have your money paid to you and bank it in another but id just pay your overdraft off. and when you have paid whatever off you can then get them to lower the overdraft limit so it gets lower and lower instead of higher!

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Not a bloody thing m8.

 

STILL not got a court date, ive rang SC and M to tell them that their clients are STILL charging me and that i will start proceedings as soon as this one is settled.

Data Protection Act Request sent 22nd April 2006 (recorded delivery) to Penny Berryman 40 days up on 1st June 2006.

 

Statements recieved 5th May 2006

Claiming back = £3913.65

 

Preliminary Letter Sent 5th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 9th May

 

Letter Before Action Sent 9th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 12th May

 

Moneyclaim filed issued 6th June (14 days to reply) Time up on 20th June.

 

Acknowledged 15th June (28 days to defence)

Time up on 13th July.

 

Defence Recieved 7th July

 

Going Before the Judge 15th September

 

Court Date 5th December

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Try this for size!

 

Sent AQ back 12th June YES JUNE,

 

Brighton court have back log, went to judge 3rd August,

 

Sent back

 

went to senior judge 18th August

 

Sent back

 

returned to senior judge because he missed Interest 1st september

 

Still waiting outcome for court date

 

SCM must think I have given up

 

NOT GOING TO!!!!

10/3 Preliminary letter sent to bank

17/3 Acknowledgment letter recieved from bank

24/3 LBA letter sent to bank

19/5 Claim filed with court

10/6 Defence filed by bank

13/6 Allocation form filed with court

18/10 Preliminary hearing set by court for 10/11

21/10 documents for claim filed with court

3/11 Money deposited in account

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Keep at em Jamie, they'll crack eventually :D

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Thanks folks I feel better for all your support. I am ready for settlement on my terms.

4/10/06 - Claim settled in full+costs+interest.

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

 

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  • 2 weeks later...

Hi guys I've been offline for a week anyone had any news yet. I'm still waiting for the court date of 6/10/06

4/10/06 - Claim settled in full+costs+interest.

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

 

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hi vikki, you've a court date now ?

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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Yes 6/10/06 it's creeping up now hopefully I will hear from them any day.

4/10/06 - Claim settled in full+costs+interest.

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

 

Forum InfoContact

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Please could one of the experts out there give me some advice. I have a court date of 6/10/06 but have heard nothing from SCM yet. Do you think it is worthwhile ringing them, ask if they are aware of next weeks court date and do they wish to settle now.

4/10/06 - Claim settled in full+costs+interest.

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

 

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personally, I am dead against phoning them and getting into conversation about settlements etc, sometimes from what i have been reading they can go back on an agreement made over the phone (not scm persoanlly!) However on the other hand it cannot really hurt if you really wanted to ring them, although I am sure they are fully aware of next weeks court date!

Whatever you decide good luck - sorry that I sat on the fence on this one!

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I received a letter from SCM today "without predjudice confidentail and priviledged" firstly stating that they intend to defend the claim on the grounds that the legal basis for my claim is incorrect. It goes on quoting all the usual. There is then a paragragh stating that the banks are currently discussing the legal basis for these charges with the OFT. The bank considers it unhelpful to pre-empt the outcome of these discussions.

 

Then turn to the next page and they are offering to settle my claim + costs no metion of the additional interest. It then quotes all the terms of thier offer.

 

I am not accepting thier conditions of settlement and will request the interest to the date of settlement. I will request for any additional charges to be refunded unless they would like me to start the whole process again.

I've not drafted my reply yet but will get help from previously successful members of the forum.

 

Thanks to all you guys that have helped. It is certainly worth sticking to your guns.

I was going to get everything ready for court this week, I'm so glad they didn't hold out any longer it's saved me a lot of time.

Good luck to those waiting.

I'm going to try to get my Mum's charges back for her now.:p

4/10/06 - Claim settled in full+costs+interest.

6/10/06 - court hearing date.

Allocation questionaire returned to the court-18/7/06 deadline 25/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

previously known as VIKKI ARDA

 

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