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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 
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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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ikduncan vs Lloyds TSB - Scotland


ikduncan
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ive been chipping away at this a while, reading through guides etc

Seems to now be coming to a head so I thought id better start a thread.

 

Charges : £1587.50 + interest

 

Started way back in march with the Data Protection Act stuff etc.

 

After initially been put off by the scottish limit on small claims, i found out that I could possibly lodge in a english court (manually, not using moneyclaim)

 

Lodged claim via mail at Mayors & City of London court (near Lloyds tsb hq)

Issued Claim : 2nd August

Served : 11th August

Acknowledgment : 14th August, intention to defend

Defence Lodged : 8th Sep

Return AQ : 15th Sep

SC & M Retun AQ : 2nd October (asking for 1 month delay, and not available anytime in october)

Court Stay : october 9th (stay until Nov 23rd to come to agreement between two parties)

Settlement offer? : November 9th, chased up sc&m told settlement offer was "in preparation"

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Good stuff. Believe the county court will be closed over the weekend, so get ready to file for that judgement monday :)

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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Up to you, I don't believe it should make a difference. I would return it ASAP myself.

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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Yes. Click on the 'reload vs Lloyds' link in my signature, it's on page 2 I believe :)

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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  • 1 month later...

just called sc&m and asked if their client wanted to enter a settlement discussion as suggested by the court or should I just tell the court that they should proceed the case.

 

Put on hold for 5 mins

then told that they had received instructions from the client to offer a settlement which is in preparation now, so i should receive in the post before nov 23rd stay date.

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Did you have to use an English address to enable you to lodge?

Lloyds TSB - £2974.00

Prelim Sent 09/11/06

Standard Response received 21/11/06

MCOL Claim 21/02/07

Lloysd Acknowledged Claim 28/02/07

Returned AQ to Slough CC 02/04/07

Received Full Settlement Offer - with conditions - 12/04/07

Settled in full - received money without conditions - 11/05/07

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