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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.

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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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Mindzai & Lucid vs Lloyds TSB ***WON UNCONDITIONALLY WITH CONTRACTUAL INTEREST***


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Well done guys, I am really happy for you.

I've been a way for a while but my case is still proceeding, and charging 29.8% interest, but thats a story for a different thread.

I was touched by how you are going to spend the last £20, it all sounds really good.

So...here is to a happy future, well done once again.

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Lloyds time for complying with the Judge's order was up yesterday. we haven't received anything, so we will be posting this today:

 

Can you just remind us what the Judges order was please Mindzai ?

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Hi everyone and thank you for the continuing support.

 

MiNDZAI AND LUCID

 

TRULY AN INSPIRATION YOU ARE!! ENJOY YOUR MONEY BOTH OF YOU.

 

Milly X

 

Thank you Milly but we actually never kept hold of the money that was refunded so far. After repaying the court fees that were lent to us we gave the rest to my sister who we owe a lot of money to and still do. But the refund from the banks came at the perfect time because last weekend my sister moved out of home into her first student place, so obviously she's going to need bit of extra money now.

 

But I have some further news..... I've just got in from work to find we each had a letter from the cout:

 

Please find enclosed a copy of a letter submitted to the Court by the solicitors for the defendant in these matters which has been referred to the District Judge for her consideration.

 

Upon the direction of the District Judge, a copy of the said letter is forwarded to you so as to ascertain whether you wish to continue to proceed with your costs application or not. An early response wuld be helpful.

 

Yours sincerely,

 

District/Circuit Judge's Clerk

So we each got a copy of that and two copies of letters that were faxed to the court by SC&M were enclosed. So firstly:

 

SECHIARI, CLARK & MITCHELL – SOLICITORS

Department SO, PO Box 499, Lower Ground Floor, 1-5 Queens Road Quadrant, Brighton, East Sussex, BN1 3XJ. Telephone: 01273 205381

URGENT

Date: 15th February 2007

The Court Manager

xxxx

 

Dear Sirs,

 

We refer to the above matter and in particular the order made by District Judge xxxx made on the 8th February 2007 received by this firm on the 9th February 2007.

 

We are urgently taking our Client's respect of same and were hoping to provide the Court with a written response to the Claimant's Application this afternoon. Unfortunately, we are without instructions at the time of writing as our Client is still considering the said application but our Client does tell us that they will be able to respond by 4.00 pm tomorrow at the latest.

 

In light of the above, we would respectfully ask this Court for a short extension of twenty four hours and apologise for this slight delay in complying with the order of the 8th February 2007.

 

Kindly place this letter on the Court record.

 

Yours faithfully

 

Sechiari, Clark & Mitchell

And then....

 

SECHIARI, CLARK & MITCHELL – SOLICITORS

Department SO, PO Box 499, Lower Ground Floor, 1-5 Queens Road Quadrant, Brighton, East Sussex, BN1 3XJ. Telephone: 01273 205381

 

Date: 16th February 2007

 

The Court Manager

xxxxx

 

Dear Sir,

 

We refer to our telephone conversation of today's date, to our facsimile sent to you at 4.01pm on 15th February 2007 and to the order of District Judge xxxx made on 8th February 2007.

 

Our client, Lloyds TSB Bank plc has agreed to pay the Claimants' costs of £426.96 as detailed in the letter from the Claimants to the Court dated 6th February 2007.

 

Our client has advised that payment of this amount will be sent to the Claimants next week.

 

Yours faithfully

 

Sechiari, Clark & Mitchell

:D :D :D :D

 

I have to say I'm very surprised that they actually replied and obvisouly in complete shock that they are paying up in full. I suppose they realised that there was no way they could show that they have behaved reasonably and decided to pay up rather than risk the Judge issuing an order in which they had to pay up, which I suppose would look much worse on them.

 

So that is those claims entirely over with now - well once we receive the money. ;) We need to get going on the second claim now as we've had a bit of time off.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

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ABSOLUTELY BRILLIANT!!!!!!!!!!!!!!!!!!!!!:D :D :D

 

Well done both of you, this is fan-bloomin-tastic!!!!! This is tantamount to an admission that they behaved unreasonably, and I think everyone should be doing this from now on.

 

Really well done, they've been well and truely taken to the cleaners!:)

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Also, now its concluded, would you mind if I put your scan up in the 'later stages guide'? I'm thinking people could add it to their own applications.

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Hi Gary,

 

Thanks and yes of course that's ok. If it can help others then it's fine by us. :)

 

I assume that by SC&M writing to the court and saying that the costs are going to be paid in full, then it's safe to end the costs application? Or to be safe should we write to the court saying something along the lines of pending the receipt of the cheque we will then discontinue our application.

 

Thanks Michael - just came in to edit as I'd seen you replied. :D

 

Thanks, Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Yes, I think I'd write to the court, just to close it out. Just a short informal note to say the defendent has agreed to meet the costs and upon receipt of the funds the application should be discontinued.

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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That is superb M&L, I am so pleased for you! I am hoping for a similar outcome with costs from Barclays, so we'll see what happens.

 

Well done once again :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Absolutely brilliant result!

 

Nobody deserves it more than you two (hang on, I feel a song coming on)

 

Nobody does it better

Makes me feel sad for the rest

Nobody does it half as good as you

M & L you're the best

 

Elsinore:D

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Aww that's just the icing on the cake ...well done ... will you get more than 20 quid outta this one? ;)

 

Good luck with your next claim :)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Congratulations to you both :)

 

I have used a similar letter to the 1 you sent to claim my own charges (http://www.consumeractiongroup.co.uk/forum/lloyds-bank/8428-my-mother-lloyds-tsb-3.html#post560283) but I am still waiting to hear from the court.

 

But on the success of your claim, it would appear that I may have something to look forward to.

 

Well done :) :) :)

The following was done on behalf of my mother:

First letter send 20th April 2006. Reply recieved 22nd April 2006.

Second letter sent 24th April 2006. Reply recieved 26th April 2006.

Accepted at small claims court.

Defendant filed an acknowledgment of service on 25th July 2006.

Allocation Questionaire recieved 16th August 2006.

Court date set for 22nd February 2007.

12th FEBRUARY 2007 SETTLED IN FULL! :D

4th April 2007 - Court orders Lloyds to pay costs. :D:D

23rd April - Bank pays costs :grin::grin::grin:

 

This claim took a total of 298 days to reach settlement. Further charges were taken, an email was sent to Lloyds, at the conclusion of this 1st claim and settled in full in only 16 days.

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ABSOLUTELY BRILLIANT!!!!!!!!!!!!!!!!!!!!!:D :D :D

 

Well done both of you, this is fan-bloomin-tastic!!!!! This is tantamount to an admission that they behaved unreasonably, and I think everyone should be doing this from now on.

 

Really well done, they've been well and truely taken to the cleaners!:)

 

It's worth pointing out that all M&L originally asked for was the bank to waive its penalty charges for a month; they'd then be able to get on top of things, and get their modest overdrafts going down.

 

Because the bank declined to help, M&L embarked on the only course of action they could see open to them. Which has meant:

 

1) The bank has paid them £3800

2) The bank has had to pay its own court and AQ fees for three cases

3) The bank has had to pay its firm of solicitors for the three cases

4) Mindzai produced and made available the first compound interest spreadsheet. If one percent of bank's customers are repaid the penalties and compound interest, the compound interest is going to cost the banks over £100 million.

 

Tim

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Guest Battleaxe

Goes to show the actual cost of being unreasonable. You would think they would wake up and smell the roses.

 

Serves them right.

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  • 2 weeks later...

Congratulations on a wonderfull result.

 

I'm just starting out on the road to 'recovery', I hope to be as sucessful. Reading through your posts it initially filled me with dread at the prospect of taking on the bank. I took particular note of the problems you encountered when they 'LLTSB' tried to reclaim the outstanding balances, so, with a little help from a friend I have brought the account back into credit.

It will be interesting to see if the claims process is speeded up.

 

Thanks for an interesting read, I read everyone

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hi

i have received my statements back from lloyds. i,m about to send the next letter cliaming charges back.

 

i have tried downloading your spreadsheet but i,m afraid i,m not to clever with this computer stuff. i don,t understand the spreadsheet and i can,t find the bit where i list the charges ect. not sure if it downloaded propaly can u help please.

 

i will start my own thread

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Thanks memo and good luck. :)

 

hi

i have received my statements back from lloyds. i,m about to send the next letter cliaming charges back.

 

i have tried downloading your spreadsheet but i,m afraid i,m not to clever with this computer stuff. i don,t understand the spreadsheet and i can,t find the bit where i list the charges ect. not sure if it downloaded propaly can u help please.

 

i will start my own thread

 

Hi,

 

Right so you've downloaded the spreadsheet and I imagine it will have downloaded properly. When you open the spreadsheet you should find the Notes tab explaining how to use the spreadsheet. The various tabs are on the bottom left of the screen. The tab to the right of Notes is Charges & Interest, you need to go to that tab and that is where you can put in your charge details. The Notes page is fairly detailed and explains each tab and what it is for and how you use it.

 

I hope that helps,

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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hi

i have managed to use your spreadsheet for contractual interest.

 

how can i save it once i have filled in my details. i have tried but have had no luck.

 

i can save it to my documents, but when i try to open it again it tells me that i need to insert the microsoft office 2000 cd

 

thanks

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It's probably a problem with your Microsoft Office installation. If you don't ahve the office 2000 CD then try downloading the OpenOffice package which is completely free: OpenOffice.org: Home

 

It's a free alternative to Microsoft Office and the spreadsheet is compatibile with it.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Hi everyone,

 

Just thought I'd give a brief update with what is happening on the costs front. ;) We sent the court the following letter after we received the copies of SC&M's faxes from them:

 

20th February 2007

 

 

Dear Sir/Madam,

 

We are writing in reference to the letters we have received from you today, Tuesday 20th February. We would like to inform the court that we would like our costs application to be suspended pending payment from the Defendant. Once we receive the payment we will write to the court to inform you that the costs application can be cancelled.

 

Yours faithfully,

 

 

Mr Mindzai and Miss Lucid

 

So it got to yesterday morning and we still hadn't received the cheque from them so we have sent the court the following letter:

 

3rd March 2007

 

Dear Sir/Madam,

 

 

We are writing with reference to the letter faxed to the Court by the Defendant’s solicitors Sechiari, Clark and Mitchell dated 16th February 2007 in which they state that the Defendant will be sending payment for the costs incurred due to their unreasonable behaviour “next week”.

 

This week has now passed and neither contact from the Defendant or their solicitors, nor payment has been received.

 

With reference to our letter to the Court dated 20th February, and given the Defendant has not made payment as promised, we respectfully request that the suspension on our application be lifted, and the application for costs due to unreasonable behaviour be continued.

 

Yours faithfully,

 

 

 

Mr Mindzai and Miss Lucid

 

 

So we shall see what the court thinks of that.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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