Jump to content


  • Tweets

  • Posts

    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
  • Our picks

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

Beales Vs lloyds TSB **WON**


pbeales1
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6181 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

Thanks Gary, I faxed Mr thomas at sc &m.

Saying:-

 

Dear Mr Thomas,

 

Thank you for providing me with a settlement figure of £5100 including Costs.

However, in light of this settlement I must draw your attention, to the fact that according to my Particulars of claim form dated 20/11/06, it does not seem to include interest at 8%. I am sure that this is an oversight on your behalf. An amount of a further £1028.71 is outstanding in full and final settlement.

I await your prompt reply.

 

Gary,will there be any problems with this?? My court date is 16th April and it states that all info too be sent into court 2weeks before case.

Also do you think that there will be a problem with the settlement being over th £5000 mark.

Its small claims track.

I will stick to my guns and post today first class recorded delivery to sc&m and The court, so at least to see that communication in line with settlement is very close if nothing else.

 

pls let me know ypur comments.

 

Regards Phil.B

Link to post
Share on other sites

  • Replies 99
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thats fine. £1000 is too much to lose! If they haven't paid it within a week then I would give them a call.

 

The value of your claim has no bearing on the track now - you've already been allocated to small claims, and besides the 5k threshold is only a guideline its not set in stone.

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.

Link to post
Share on other sites

im a little worried that i havent sent my documents into court as indicated. it said that all documents must be filed within 2 weeks of court date.

I may phone the court to get a little advice.

 

Regards Phil.B

 

I will contact them within the next week if I havent got full and final settlement.

Link to post
Share on other sites

I'd get a bundle up together and send it in now. Also one to SC&M, it should give them a good kick!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

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.

Link to post
Share on other sites

  • 2 weeks later...

Hi Gary,silly of me I know, but i didnt send in my bundle.

No excuses,the usual pressure of long hours and family commitments.

Court is monday 16th April.

I have sent again that letter Guaranteed del and re-faxed it some 4 days ago. Still nothing,just wondering how late to leave it before i send in my discontinuence. I dont want to put myself in the position where i am liable for there costs if I leave it to late.

 

May fax discontinuence today to sc & m And court.

 

Let me know what you think.

 

Many thanks again Gary.

 

Regards Phil.B

Link to post
Share on other sites

Just received cheque for £252. they say 8 % interest is worked out and offered from the start of the claim (24th August 2006 - 16th April 2007 - which is court date.

 

I thought Interest was based on 8 % of the total claim amount?

your help is much apresiated.

Very Confused Now.

Do you think that i have any time left to argue this.

Bearing in mine court date is Monday 16th April 2007 at 12 mid day.

 

Regards Phil.B

Link to post
Share on other sites

Hi there and congrats on the status of your claim so far :D

 

 

8% is statutory interest based on the entirity of the claim figure...

 

...more precisely 8% daily on each charge, from the specific date of this particular charge....(for all your charges)

 

 

Sounds to me if thiey are definitely trying it on....

 

They will pay the remainder if you persists (the court would enforce it anyway)

 

 

Hope this helps in some little way

 

Innocent :D

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

Link to post
Share on other sites

Thankyou for your help Innocent.

I thought it was correct. Can you beleive that S,c & m actually rang me on Friday. Telling me that 8 % is correct but only from the time that the claim was started until monday 16th April.

I dont think that i have much time left to persist.

Bearing in mind that i have received all my costs and bank charges back.

Im due in court 2 moz and i have not sent in my bundle.

I am sitting here in antisipation whether or not to fax discontinuence.

 

Puzzled and in thought.

 

Regards Phil.B

Link to post
Share on other sites

Ok, (I'm no expert here; but I have won 3 cases with 1 court appearance)

 

 

The lack of a court bundle is not good; but personally I would turn up at court tomorrow (to show your respect) and explain the situation, and explain to the judge that the claim is in the process of being settled....

 

(see Innocent vs Barclaycard)

 

*Take any settlement letters; be polite; in my experience the judge was very impressed with the work I had done to date, and this site etc

 

*Explain the situation regarding the 8% and judge will confirm SC&M are wrong.... if SC&M attend they will be rather embarrassed

 

I know its time out of your day; be I would strongly recommend it; if only to show respect to the court etc....

 

If you want at 9am tomorrow phone the court; they will confirm what I am saying (I think)

 

 

Dont panic; you've won! And I would love to be in a situation in a court room where a bank will be embarrassed....

 

 

Give us an update

 

Innocent :D

  • Haha 1

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

Link to post
Share on other sites

Yes, I would do as innocent says - you should go.

 

A bundle won't really be necessary as the charges are not really the issue anymore - they've indicated that they will settle but have got the incorrect amount.

 

Show your workings to the judge, and request that he makes an order for them to pay the outstanding amount.

 

You should also comment that Lloyds/SC&M have had months to offer an arrange settlement if they had wished to, but, in common with hundreds of other claims, they've choosen to drag you through 6 months of stressful litigation only to settle at the very last minute.

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.

Link to post
Share on other sites

I attended court today.Explained to the judge about the incomplete settlement.

showed him communication from my self to s,c & m.

He was unable to see also,why they where relutant to settle the amount from my particulars of claim form.

The result was great,i wished they would have attended.

the Judge ordered that s,c & m Pay the balance outstanding.

 

Thank you Innocent for your help.

 

Also Gary H your input is great on the site.

 

regards Phil.B

Link to post
Share on other sites

BIG CONGRATULATIONS!!!!!

 

Is'nt it amazing how helpful the judges are........:)

 

 

REALLY REALLY pleased for you! The humiliation of SC&M (if only they were there:rolleyes: )

 

 

Keep us informed when SC&M actually "pay-up"!!!!

 

 

Cheers

 

Innocent :-D

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

Link to post
Share on other sites

Great stuff Phil, well done!! 2 court appearances now - your becoming something of an old hand at all this litigation lark!:)

 

Did the judge say anything else, about SC&M abusing the system or anything like that?

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.

Link to post
Share on other sites

Yes innocent the judge was a very nice man. i will let you know when s,c & m pay me as per the court order of 16th april 2007.

Its sounds great dosent it.

Its not the money, its the principil of the order and it just shows the lack of communication with the banks to listen.

 

Gary, The judge did day one thing- not aimed directly at s,c & m but at the issue as a whole. He said that Most banks where struggling (solicitors on behalf of i assume) to communicate in a correct manner.

I said that i beleive the way forward was to be clear and honest about the claim from a defendants point of view and as a claimant then the need not arise to waste valuable court time.

 

I was dying to say and comment about a test case.

I must add this though-there was no doubt what so ever in his mind about just who was in the wrong.

 

Obviously i should glote. But I AM.

 

I will keep you posted.

 

Regards Phil.B

Link to post
Share on other sites

Brilliant, very well done!!:-D

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.

Link to post
Share on other sites

S c & m phoned me again today.

Saying that they had spoken to the court prior to the hearing.

A lady called Eve Hammond said that the court had not made them aware of the amount claimed. rubbish and laughed. we all know how many times we have all tried to comm with these guys.

didnt know the amount and were confused.

 

I asked them did they know just what A particular of claims form was!!

to cut a long story short. without being negative i told the kind lady that a court order had been issued against them and they must pay me accordingly.

 

Now then,Just how good did that make me feel.

The lady then said Oh, yes and i just politely said thank you and goodbye.

 

Regards Phil.B

 

I await my copy of the court order served on LLoyds Tsb.

Link to post
Share on other sites

Fantastic!!!

 

 

Loving it!!!!

 

 

Innocent :D

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

Link to post
Share on other sites

I spoke again to Mrs Eve Hammond at s,c & m Yesterday.

I received copy of court order on the 18th April and do you know what,so did they! strange, i thought they had a mailing system that took 3 days from getting letter to dealing with it,lol.

 

So.....i asked when i would be getting what i was owed as per what was set out in the court order.

 

I was told that another team namerly "the Jugement orders team" are dealing with that,however unfortunately there is a backlog in the department.Now there is a surprise.

 

There are too floors at s,c & m.

One pre court proceedings. (Down stairs)

One during/post court. (up stairs)

 

These have different fax numbers too.

Should anyone want these, i will be happy to supply them for you.

 

So I faxed this letter to the Judgement team yesterday:

 

Thurs 19th April 2007

 

Sechiari, Clark & Mitchell – solicitors.

Department SO,

PO Box 499,

Lower Ground floor, 1-5 Queens Road Quadrant,

Brighton,

BN1 3XJ.

Fax 01273 745356

In The Bolton County Court

Philip Beales –v- Lloyds TSB Bank plc

Claim Number:

FAO Judgement Orders Team

Reference County court Order issued against yourselves on 16th April 2007.

 

Could you please let me know when you are going to pay the outstanding sum that you owe me?

 

The amount outstanding is as per the court Order.

 

This may be Paid to me either by cheque, or into my Bank account.

 

Please confirm this, by way of reply either by Fax or letter.

 

Your prompt reply is Necessary.

 

 

Yours Sincerely

 

 

P D Beales.

Link to post
Share on other sites

Great stuff Phil. Give them a couple of weeks then you can start to think about enforcing it.

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.

Link to post
Share on other sites

Agreed.....great stuff!!!!

 

ooooo imagine the possibility of enforcing it :lol: :lol:

 

 

Innocent :D

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

Link to post
Share on other sites

  • 1 month later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...