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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.

      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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midge61 v Lloyds ***SETTLED IN FULL***


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Hi Midge

 

The very very best of luck mate (not that you'll need it)... ive just started out and I'm at the SAR stage, and I've subscribed to your thread to see how you are getting on and for inspiration !!

 

Nice one

 

Dinglewoody

Lloyds TSB Gold Acc. - 30/10/06 - Posted S.A.R. & cheque

- 31/10/06 - SAR received by bank

 

Lloyds TSB CC - 30/10/06 - Posted S.A.R. & cheque

-31/10/06 - SAR received by bank

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Hi Dinglewoody

Thanks for the good wishes and the best of luck to you too. Make sure you read the FAQs and lots of other threads so that you know what the process is. I'm afraid that Lloyds are one of the worst for delaying and your in for a long journey buts there's always lots of advice available on here.

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I thought I'd start off with the most difficult one... so as the rest of the bug***s will seem like easy meat by comparison... so look out A&L.. A&L credit card and Egg...hehe

 

cheers

 

Dinglewoody

Lloyds TSB Gold Acc. - 30/10/06 - Posted S.A.R. & cheque

- 31/10/06 - SAR received by bank

 

Lloyds TSB CC - 30/10/06 - Posted S.A.R. & cheque

-31/10/06 - SAR received by bank

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HI all

Recieved my copy of SCM's AQ today. They have completed the N149 I was sent the N150 as my claim is over 5k. They have put the usual drivel extra month to negotiate , 1 witness, will rely on the defence and T&C of account and not available for November.

Will send letter off tomorrow to them.

Will it make any difference that they have completed the wrong AQ?

Many thanks

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Dear Sir/Madam,

 

Thank you for providing me with a copy of your completed N149 Allocation Questionnaire, which I received on **/**/**.

 

Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one month postponement in proceedings in order that a settlement may be reached by way of negotiation.

 

Please note that throughout the process of this claim, neither yourselves nor your client have ever given any indication whatsoever that you wish to settle this matter without the need for litigation. In fact, all my previous attempts at dialogue with your client have been met with outright refusals to negotiate this matter, and on **/**/** I received a letter from Lloyds TSB’s service recovery centre which explicitly stated that the bank had issued its final response and therefore would not enter into any further correspondence. It is for this reason that I felt I had no alternative but to seek redress by way of Court action.

 

Having said the above, I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your clients charges could indeed be proved to be unlawful penalty’s which you are trying to cloak as contractual service charges. For this reason, I will only settle for the full amount of the claim, namely £***.

 

In light of your indication of your intention to negotiate settlement, I will await your communication informing me of how you wish to proceed. I trust this will come before **/**/**, as this is final day of the month you requested to reach a settlement in your allocation questionnaire.

 

A copy of this letter will also be sent to the court.

 

 

 

Yours faithfully

 

Send them that, plus a copy to the court as well.

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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hi midge

i got round to taking my aq to the court today.i havent heard anything from scm yet.i will be sending them a copy tomorrow i am also including the following letter do you think it will be ok to do this.

 

in previous correspondence with your clients they say that they were not prepared to enter into any further correspondence relating to this matter.however, i am still willing to enter into any meaningful discussion to reach a settlement that may prevent the claim going to court and thus incurring further costs to your client.

 

i thought i might put this in so it doesnt look like i have ignored the mediation leaflet completely and im still being reasonable.which is more than they are

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  • 2 weeks later...

Hi All

Well what a week! Got rushed into hospital on Tuesday with gallstones (bloody painful!!). Whilst in hos the court sent aletter to say that sNatch West had bounced my cheque for the AQ so Hubby bless him had to go and pay it for me today.

 

Hospital have let me home on a 48hour pass. Got to go back Monday for an op (hopefully) so have got home to go through my post..bills,bills,bills etc. At the bottom of the pile was a letter from SCM

 

FULL SETTLEMENT

£5891.83 +costs+interest=£6305.04

Thanks for all your help and support and donation will be made when cheque is in the bank and cleared.

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OMG:o Another one!!!!! And only just after the AQ deadline!!! This is fantastic, I think the pressure we're putting on Lloyds, well SC&M, is really starting to pay off now.

 

CONGRATULATIONS!!!

Well done Midge, I'm well pleased for you.:)

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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Hi

I've just put a message on your thread. Yes I had all the conditions and they also said they would be crediting my account, But as I dont have one with them I have just signed the form and asked for a cheque and stated that I will not inform the court of the settlement until the cheque has cleared.

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Congratulaions for your endeavours..... I know how Lloyds can be ... they will stall for as long as possible to pay up. Ive just received my Acknowledgement of service and i will definitely follow your thread and also seek advice from Gary H. He seems to be the one that actually delivered the final blow that made Lloyds to give-in. Once again......

Congratulations!!!!!:D :D :D

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