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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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Purple v Lloyds TSB


purplerain
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Welcome back!:) I wondered how you were getting on. Not started the bundle yet then?

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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Thanks GaryH, I did start the bundle way back when, but have lost track a bit:o , so I need to really get my head down and get on with it.

 

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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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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Thanks again GaryH, Looks like i'm in for a few long days of reading.

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Hi again, got most of my court bungle together ready for printing it consists of the following

Correspondence

Latest Schedule of Charges

Statements

Relevant Case Law Summary

Early Day Motion from the House of Parliament

Dunlop v New Garage

UTCCR 1999

UCTA 1997

SOGA 1982

OFT Statement Summary

List of Settled Claims by Lloyds TSB

Just wondered if anyone knows the case numbers of any Lloyds cases that have been settled with compounded contractual interest as I would like to include these.

Anything else anyone would advise to include?

Purple X :)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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There are a couple of other bits you could include - particularly the BBC commission conclusion and the McNamara interview. You'll find both linked from the link I posted above.

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 can anyone help i'm would like a copy of The Competition Commission Report to add to my court bundle. But every time I use this link it tells me

that don't have permission to access this page.

The Competition Commission report

Thanks Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Thanks GaryH I did add them updated index looks like this

Correspondence

Latest Schedule of Charges

Statements

Relevant Case Law Summary

Early Day Motion from the House of Parliament

Dunlop v New Garage

UTCCR 1999

UCTA 1997

SOGA 1982

OFT Statement Summary

List of Settled Claims

Peter McNamara Interview (Transcript)

Australian Default Fee’s Report

BBC Commission Conclusion

All printed and ready to go.

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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I can anyone help me on this, just noticed this on my notice of allocation to the small claims track (hearing)

 

Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documents mentioned. this includes the evidence of the parties themselves and of any other witness, whether or not he is going to come to court to give evidence.

 

Looked at the STATEMENT OF EVIDENCE and not sure if thats what i need to do

 

If anyone could get back to me ASAP Please

 

Thanks Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Yep, do a statement of evidence.

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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Thanks again Gary your my life saver:) having a few problems with the statement of evidence and after rereading the order not sure if i should do the WITNESS STATEMENT instead.

 

Help

 

Thanks Purple X

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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They've asked for a statement of any witnesses evidence. Your a witness, so you need to make a statement of the evidence upon which you'll rely. Whether you head it as a witness statement or statement of evidence it does'nt really matter, but if your using the witness statement example you'll have to beef it up with most of whats in the statement of evidence anyway. The witness statement was never intended to be used as it is, its just an example of the format.

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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I did add a little more to it, hope it will be enough:confused: Posted a copy to S,C & Michell, just need to hand a copy in to court on Tues.

keep ya fingers crossed for me Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Took the court bundle to court today, so now lets see what happens will keep you informed,

Purple X :)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Good morning all, i've not recived SC&M documents which should have been here yesterday, So sending a copy of GaryH's Non Compliance letter.

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Still nothing from SC&M, not sure if i should give them a ring.

Any thoughts?

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Not worth the bother IMHO. They're not likely to file any documents or turn up on the day. Most likely they will pay your claim straight into your bank sometime between now and the 25th.

Not sure if its been mentioned in your thread yet (ive only quickly scanned it) but you will have a case for applying for costs. See here Application for costs

skb

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Thanks skbuncks

The only thing is it's a closed account, so I need payment by cheque. I'm hoping that this will not make any difference.

Starting to feel a little nerves now.

Purple X :)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Just had a good read of application for costs if and when they pay up I will look in to it more.

Purple X :)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Morning all, Still nothing from SC&M so sending Non Compliance letter to court today. Lets see what this brings if anything.

Purple X :)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Good Morning all, good news & bad news

Received 2 letters this morning from SC&M one saying that they are going to settle and one with the cheque attached, unforchantly they have not paid the full amount they are around £70.00 short on the charges and they have only paid me the 8% interest not the contractual. They asked me to ring them if I accept this sum, so I've rang to let them know that I do not accept.

(So now waiting on a call back)

Wish me luck

Keep ya posted

Purple X :)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Hi purplerain and well done! I am at the court bundle prep stage, 4 weeks until court hearing. Do you mind me asking how much you claimed for and at what point did you submit your bundle? SCM have until 6th May to submit theirs, did you send them the non-compliance letter straight away etc etc?

Thanks.

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Hi nearlythere, I submited my court bundle 15 days before the court date which was the 10th April, court date being the 25th and yes I did send the non-compliance letter straight away. I'm claiming £800.00 in charges & contratral interest

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Hi Purple

 

So was there anything in their settlement letter to say why they were not paying you the contractual interest?

 

In their defence to your claim, did they address the issue of the CI at all? If they didn't, and you are not accepting settlement on the basis of statutory interest alone, do you think they are able to amend their defence at this stage?

 

Well done on getting this far!

 

J

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