Jump to content


  • Tweets

  • Posts

    • Hi dx It's with Step Change. Yes that is the balance outstanding plus interest.
    • Hi All, I don't want to keep asking unnecessary and daft questions but as I read up on on stuff to prepare my defence and tthink about my witness statement, I am perusing the following: The BPA Code of practice states under 13. Consideration and Grace Periods: 13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes. 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place.   Let's say a motorist spends a minimum of 5 minutes to decide, then decides to park, that 5 minutes now doesn't apply? That doesn't make sense to me. So now that a motorist has parked after consideration, thus commencing the parking period, the decision time doesn't apply and parking time commenced when? .... on entry to the car park? This, as far as I can see is not stated in the [Withdrawn] Government document which says: The Code also makes clear that the consideration period ends at the point when the driver has parked and is therefore considered to have accepted the terms and conditions, which could be within the five-minute allowance. Doesn't say anything about it not applying if a parking event takes place.   [Withdrawn] Private Parking Code of Practice: explanatory document – how was it developed and what will it change? - GOV.UK WWW.GOV.UK So, according to the BPA, if a motorist inadvertently overstayed by 12 minutes for example, they have the 10 minute grace period but because they decided to park, they don't have the 5 minute consideration period because they decided to park and have overstayed by 2 minutes? Sorry if there's something I'm missing here.  
    • there are several threads here already whereby the judge in such cases only made an order to pay the required sum, the registering of a criminal record is at their discretion or not. dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like
  • Recommended Topics

Help with filing a small claims


Scouserlad
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4487 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hey members

 

First off happy new year.

 

I am planning to issue a small claims court claim against Lloyd's TSB on behalf of my mother and farther.

 

Here is what has happened so far :

 

I submitted a complaint about PPI mis-selling in March and got a letter late march to advice they will not be uploading my complaint and would be free to take it to the F.O.S which i did.

 

The F.O.S in august 4th returned the file to Lloyd's TSB advising them to make a redress offer within 10 weeks.

 

Lloyd's TSB finally issued a offer letter dated 28th November

 

I made many phone calls each time getting promised the cheque would be here in time for xmas for my parents to use some of the money to get my 13 year old brother xmas gifts

 

10 days before xmas we were promised it had been sent out, 7 days later still no cheque but got a phone call, Sorry about this it will be issued tomorrow 2nd class mail.

 

I told them i am not at all happy at the service they offered a parenthetic sum of £200 between my parents in addition to the PPI refund as a sorry. I have advised £200 is no were near enough the upset that this caused over the xmas period and extra stress this casued on my farther with the medical conditions he suffers from he does not need additional stress been caused.

 

I have advised Lloyd's TSB I do not with to accepted there £200 and will be submitting a small claims court form if they do not increase there offer to a more realistic figure.

 

Any advise on this ?

Link to post
Share on other sites

Yes, from the sounds of it they are treating you unfairly and contrary to their BCOBS obligations.

 

lloyds seem to be mucking lots of people around with delayed PPI refunds.

It's a simple matter: - they caused the problem for their own gain. All they have to do is to invest more resources into making refunds and they would not have any complaints.

They don't want to do what is necessary.

 

 

Read this http://www.consumeractiongroup.co.uk/forum/announcement.php?f=91&a=228 and the linked articles and then send them a 7 day LBA and then sue them.

 

If you want to see Lloyds pull their finger out in a most electrifying manner, sue them for breach of their BCOBS obligations. You will be amazed at the effect.

 

Don't threaten to sue if you don't mean to go ahead with your threat

Link to post
Share on other sites

You don't need a template.

 

Just write to them, outline the dates that they promised and how each promise has been broken. Layout how this has affected you and your family over Christmas etec.

Inform them that they are treating you unfairly and that this is contrary to their statutory duty under BCOBS and that if you do not have payment in full plus £XXX compensation that you will sue them in the County Court without any further notice.

 

Make sure that your compensation request is reasonable and justifiable.

 

Somewhere on the FOS or OFT site, there is a statement about how long the banks have to make the payment. Find this and quote it at them.

 

Also make sure that you refer to their obstructive behaviour during your entire claim and that they unfairly refused you in the first place and that they caused further delay by forcing you to go to the FOS.

Link to post
Share on other sites

Hi

 

I do feel a £500 compensation payment would be fair to split between both my mother and farther as the extra stress and un-needed upset has made there medical conditions worse over the short term. Would you agree that would be a reasonable amount to claim for ?

 

Thanks

Link to post
Share on other sites

I think that you would need to provide medical evidence in support.

 

The beauty about BCOBS is that a judgment against the bank for any amount spells big trouble for the bank. You can send the judgment to the FSA as part of an official complaint. Also, even the bank itself would be obliged to report the judgment to the FSA.

They would be very keen to avoid a BCOBS judgment

Link to post
Share on other sites

Yes. It is very straightforward.

Link to post
Share on other sites

Hi,

 

I received my offer letter from them 9th August 2011 after submitting a claim october 2010, guess what? I'm still waiting for my cheque, numerous false promises and a further letter dated 27th novemebr apologising folowed by another letter dated 3rd december offering an extra 4 weeks interest which takes my refund upto £7145 to be paid within 21 days and still no cheque, I contacted them again yesterday to be told call back in 2 weeks time, I am also seriously thinking about court action as the FOS havent helped at all.

Link to post
Share on other sites

Hi,

 

I received my offer letter from them 9th August 2011 after submitting a claim october 2010, guess what? I'm still waiting for my cheque, numerous false promises and a further letter dated 27th novemebr apologising folowed by another letter dated 3rd december offering an extra 4 weeks interest which takes my refund upto £7145 to be paid within 21 days and still no cheque, I contacted them again yesterday to be told call back in 2 weeks time, I am also seriously thinking about court action as the FOS havent helped at all.

 

Please will you start this in your own thread and post a link to it.

If you want your money back quickly with a suitable payment in compensation for having to wait around - and if you are prepared to take some serious assertive action, then we can help you

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...