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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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    • 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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mancetti vs Lloyds ***WON***


mancetti
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Hi Michael,

 

Which document do you think I should use? The full document is about 45 pages long and I've already got about 150 pages worth....is the summary sufficient to get the point across and legally or should I just go for the extra big document, with all the legalise in it?

 

Any advice would be cool!

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  • 2 months later...

Well, here you go....*** it up!

 

Followed all the advice on the forum to the letter. Sent a letter to [problem] advising that I would be requesting Judgement By Default. Heard nothing back.

 

Sent in a request to County Court regarding non-compliance. Received an order back from District Judge Matthews stating that they had until x date to submit defence or I would be able to request JBD and costs. Incidentally, this was from a different District Judge (Gatter) than the one who set the hearing date.

 

Sent one last letter to [problem] asking for settlement or I would submit a JBD request.

 

No response (obviously). Submitted JBD forms and copy of letter to District Judge Matthews requesting JBD on the 30 April 2007. Court hearing scheduled for 8 May.

 

Had hectic week with work and other commitments. Forgot about hearing and/or nothing back from either Judge.

 

Received Judgement Order yesterday from District Judge Gatter (original DJ) stating:

 

As neither party attended the hearing:

 

Defence struck out

Claim Struck OUT !!!!:mad:

 

I have no words to express my anger....9 months, hours of research, nearly £300 worth of fees and costs, absolutely nothing ever received from Lloyds or [problem], no response to JBD and it's effing well struck OUT!:mad:

 

Not to mention, I still owe Lloyds nearly £1800 on an overdraft, being charged interest as we speak!!:mad: :mad: :mad: :mad:

 

I presume there's nothing I can do?

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Not good

 

:-x

 

If only you had attended ... the judge would have (more than likely) passed judgement and told them to pay up in 14 days.

 

I'm not sure there is anything i can say to make you feel any better chook

:(

 

Hopefully someone else will be along shortly who can advise further, but i am sure that if it has been struck out there isnt alot you can do

 

:(

 

XxXxX

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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Sorry I've not picked this up sooner - its been hectic around here lately as you can imagine, and I don't always manage to catch subbed threads before they slip away.

 

Sent in a request to County Court regarding non-compliance. Received an order back from District Judge Matthews stating that they had until x date to submit defence or I would be able to request JBD and costs. Incidentally, this was from a different District Judge (Gatter) than the one who set the hearing date.

 

Sent one last letter to [problem] asking for settlement or I would submit a JBD request.

So they didn't submit their bundle you mean? And you sent a non-compliance letter upon which the judge ordered them to comply or be struck out?

 

Can you post up the order from the court, I've scanned your thread but it doesn't seem to be mentioned.

 

You can apply for the strike out order to be set-aside, and on the same N244 that the defence is struck out pursuant to the terms of the original non-compliance order.

 

You need form N244 -

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

Part C should contain a succinct factual statement of events. It'll cost you £35.

 

Let me know if you need any help.

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 Gary,

 

Thanks again mate for your post.

 

After the hearing date had been set for the 8 May 2007 and the order by District Judge Gatter for documents to be served by the 12 March 2007, I wrote to [problem] on the 13 March 2007, sending the non-compliance letter.

 

Obviously this was ignored. I then wrte to the Court on the 20 March 2007, advising of the non-compliance and asking for an order.

 

An order was made on the 26 March 2007, stating the following:

 

"Upon consideration of the court file

 

IT IS ORDERED THAT

 

Unless the Defendants do provide to the Claimant and to the Court by 4pm on 5 April 2007 full disclosure by list the Defendant be debarred from defending the claim, and the Claimant be at liberty to enter judgement for the amount claimed and interest and costs"

 

Please note, this was ordered by District Judge Matthews and NOT District Judge Gatter, who made the original orders.

 

As expected, [problem] didn't even bother doing a thing.

 

I wrote to them on the 13 April 2007 asking for them to reconsider their position and pay up before I requested Judgement.

 

As no response or payment was forthcoming I wrote to the court on the 30 April 2007 asking that the Defendant be debarred from defending the claim and for judgement of the amount claimed and costs be issued. I enclosed the form N225 with this letter, plus a copy of my last letter to [problem].

 

I assumed that because this had been sent in (recorded delivery) that I would not have to attend the hearing because the judgement would have already been made. I sent this to DJ Matthews though....

 

I then received an order from DJ Gatter stating:

 

"Upon neither party attnding the hearing on 8 May 2007

 

IT IS ORDERED THAT

 

1. The Defence is struck out

2. The Claim is struck out"

 

As mentioned before, GUTTED.

 

Do you think the form N244 is a good idea and worth giving a go?

 

If so, I could really do with any help on completing it....What to put in and Where?

 

As always Gary, you have been an absolutely blinding help to me and I could really do with some more help so that Lloyds don't get away with this one....

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Do you think the form N244 is a good idea and worth giving a go?

Absolutely - you've got the right to apply for a set-aside becouse you were not in attendance when the order was made.

 

Can't promise anything obviously, but IMHO you'll probably be alright. The defence should have been struck out well before the hearing anyway. You need to convey this on the application notice part C.

 

Here's a guide to filling in the N244;

Top left hand box:

 

1. Tick c), without a hearing

 

Ignore 2, 3 and 4

 

5. District or Deputy District

 

6. Defendant

 

Top right hand box:

 

The claim details, todays date.

 

Part A:

 

I ***** (the claimant)

 

(that....) sets aside the order dated **/**/** which strikes out the claimants statement of case due to non-attendance at hearing.

 

(because....) the defendant was debarred from defending the claim by virtue of the order dated **/**/**, and accordingly the claimant entered judgement pursuant to the terms of the same.

 

Part B:

 

tick 'evidance in part C' box

 

Part C:

 

A concise and factual statement of events. Continue on a seperate sheet if necessary.

 

Post what you come up with if you like and I'll check it for you.

 

Please find attached:

 

Relevant orders, JbD request form, etc.

Get 3 copies of this to the court first thing Monday morning!

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 Gary,

 

Thank you again...fingers crossed this may work.

 

My Part C of the forms I have based very similarly on my last post. Please let me know what you think....whether there should be any amendments/additions etc?

 

Additionally, why should I send the court 3 copies? Or is this one for the court, one for [problem] and one for me?

 

PART C

After the hearing date had been set for the 8 May 2007 and the order by District Judge Gatter for documents to be served by the 12 March 2007, I wrote to the Defendant on the 13 March 2007, requesting that they comply with the order.

 

I then wrote to the Court on the 20 March 2007, advising of the non-compliance by the Defendant. I included a request for the court to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules, or other such order as the court deemed just.

 

An order was made on the 26 March 2007 by District Judge Matthews, stating the following:

 

"Upon consideration of the court file

 

IT IS ORDERED THAT

 

Unless the Defendants do provide to the Claimant and to the Court by 4pm on 5 April 2007 full disclosure by list the Defendant be debarred from defending the claim, and the Claimant be at liberty to enter judgement for the amount claimed and interest and costs"

 

Please note, this was ordered by District Judge Matthews and NOT District Judge Gatter, who made the original order.

 

I wrote to the Defendant again on the 13 April 2007 asking for them to reconsider their position and settle the claim before I requested Judgement.

 

As no response or payment was forthcoming I wrote to the court on the 30 April 2007 asking that the Defendant be debarred from defending the claim and for judgement of the amount claimed and costs be issued. I enclosed the form N225 with this letter, enclosing also a copy of the last letter sent to the Defendant.

 

I assumed that because this had been sent in (recorded delivery) that I would not have to attend the hearing because the judgement would have already been made. I addressed this to District Judge Matthews.

I would respectfully highlight again that I have always been a litigant in person whereas the Defendant has always had representation by specialist solicitors, whom have not responded to any order made by the court.

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Absolutely fine. Spot on in fact.

 

I would also add this at the end;

 

Accordingly, I would respectfully request that the court sets aside the order striking out the claim dated **/**/**, and allows judgement to be granted as applied for pursuant to the order of **/**/**(first one)

 

Remember to include the orders attached to part C, as well as the letter to SC&M and anything else you might consider relevant to the application.

 

3 copies? Yes, one for the court one for SC&M and one to keep yourself.

 

Fingers crossed you should be ok - the judge would have to be extreamely harsh not to allow it IMO. Let us know straight away as you hear anything.

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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  • 2 weeks later...

Hey Gary.....and all others who have been following my arduous journey.

 

GREAT NEWS!!

 

I received from the Court yesterday a new General Form of Judgement/Order, as follows:

 

"Before DISTRICT JUDGE GATTER......

 

Upon considering the court file

 

IT IS ORDERED THAT

 

1. The order of the 08-05-07 be revoked.

2. Judgement be entered at the claimants request"

 

Super Sweet! Thank you so much for your advice on this one Gary, you helped me save my claim from obscurity and although we're not all the way there yet, I'm well on the way to getting that 4 and a half grand back!

 

I've assumed that I will now need to submit the N225 form again for the Judgement to be entered in my favour again, asking for the Defendant to be struck out and the money paid to me.

 

One question though. Am I allowed to add the £35 for the Application Notice or is that being a bit too cheeky? :oops:

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Wooohooo!!!!:D Well done, that really is excellent news!

 

Yes, fill in and submit form N225 ASAP. You can ask for the £35 back, but you may not get it, unless - was your claim was fast track, I can't remember?

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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No, that means you may not get the £35 back then. Costs are recoverable on the fast track, but not on small claims. Unless that is, a party has behaved unreasonably.

 

See here -

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html?highlight=application

 

If you want to go for it, submit an application letter and schedule of costs at the same time as the request for judgement.

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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Well done Mancetti! That was nailbiting stuff, I've got all this to look forward to...!

 

Did Lloyds never make you a partial offer?

 

I presume all you ever got from them was the standard 'Like any business, we do make a charge for some of our extra services..' letter.

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Since submitting my claim via MCOL I have literally only ever received a copy of the court's document where they advised it was their intention to defend the claim.....

 

Neither I or the Court has ever received any other contact from Lloyds' solicitors.....they have simply made me play the waiting game and racked up more interest on my outstanding overdraft ever since....

 

Soon, it will be my turn to ask for money!! Ha, Ha :p

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YEEEEEEHHHHHHAAAAAAAAAAA!!!!!:D :D :D

 

I got a Judgement through from the Court on Saturday stating that the Defendant needs to pay up the full amount and my court costs!!

 

Now I assume it's just a matter of waiting for Lloyds to pay up, though looking at other past threads, this could be some time and I may have to request a Warrant of Execution.

 

I'll tell you all though....this stage is almost just as gratifying as will be the money going in my back pocket.

 

(A Special Thanks to Gary again though. Couldn't have got this far without you mate!)

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Brilliant, well done! I love it when a plan comes together!:D

 

Send SC&M a letter with the judgement order attached giving them 14 days to pay before you proceed to enforce it. Tell them that should enforcement be necessary you will seek maximum publicity. Send it by fax as well actually.

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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Well, I should have posted this up before today but I am moving house and have been decorating all weekend!!

 

I sent the letter to SC&M on Thursday and checked my account on the Friday.....FULL AMOUNT REFUNDED TO ME! YEEE-HAAA!!:D

 

I went into Lloyds TSB on Saturday, had the full amount transferred to my partner's account.....and this is the bit I really like....closed my account with Lloyds one and for all!!

 

I will be sending the Court a letter today advising them of the settlement.

 

On Saturday night I took my partner out for dinner, after a hard day's wallpaper stripping. Fillet Steak and a nice bottle of Merlot never tasted so SWEET.

 

Thanks again to all who have helped me along the way. Most of all thanks to Gary.:)

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