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    • 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
      • 160 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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**ANOTHER** Lloyds TSB **WINNER!**


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You may want to hold off on preparing your bundle then for now, just send the letter MB has given you.

 

If they haven't settled a month before the hearing then you can submit it. See here for help - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.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.

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  • 2 weeks later...
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Have sent letter to SCM and copy to court as advised by MB last week. Quick questions with regards to court bundle preparation, court date set for 21st May, 2007:

 

do I have to copy all of my bank statements for Lloyds as well as the court?

if, big if, it goes to court is there anything Lloyds can rely on that I will not know about?

as per one of my previous posts, the N157 received from court, is this the definitive date for a conclusion to this claim?

with regards to claiming costs etc, can I claim for photocopying/postage or do I include all of that in an 'hourly charge'. How do you claim for these costs?

 

Thanks

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Have sent letter to SCM and copy to court as advised by MB last week. Quick questions with regards to court bundle preparation, court date set for 21st May, 2007:

 

do I have to copy all of my bank statements for Lloyds as well as the court? Actually no, I would'nt bother sending them to Lloyds as well. Just the court will be fine, and obviously keep the originals ready to take to court if necessary.

if, big if, it goes to court is there anything Lloyds can rely on that I will not know about? No - they have been ordered to submit all the documents and evidence upon which they'll rely, the same as you have. If they sprung something on you without warning at the hearing then you would object and request an adjournment if necessary.

as per one of my previous posts, the N157 received from court, is this the definitive date for a conclusion to this claim? Yes - this is the final hearing

with regards to claiming costs etc, can I claim for photocopying/postage or do I include all of that in an 'hourly charge'. How do you claim for these costs?

 

Thanks

There's some info on costs on the small claims track and how to go about requesting them here - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.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.

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  • 2 weeks later...

Have had a court date for over 3 weeks now, only 5 weeks to actual date of hearing. Have sent letter requesting 'encouragement to settle' but heard nothing an no money has apeared as yet.

My deadline for returning documents is the 6th May so I'm going to start on the court bundle shortly.

Do SC&M have to send me their documents as well as the court and if they havent done so by the 6th May do I inform the court they havent? Do I, or the court, write to them informing of 'non-compliance' of the directions?

Getting really p****d off now waiting. There seems to be no pattern to them in regards to paying out and all the time I, like many others, have had to pay several hundred quid to get to this stage and they still keep us hanging on!!

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Hang on in there! Start your bundle now and get it in early. Then if (when!) Lloyds don't send theirs to you by the 6th, send the first of these letters, followed by the second a few days llater. Copy the court with both - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-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.

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Starting court bundle over the next few days. A couple of questions.... answers very much appreciated.

 

  • Do I just print off all of the UTCCR, UCTA, SOGA documents as they appear on the court bundle?
  • With regards to my schedule of charges and the charges prior to my court claim date - do I amend my schedule of charges to reflect the statute barred parts or submit my original schedule (bearing in mind the pre 6 year claim timescales)?
  • Do SCM require copies of all of my statements/statement entries - do they have access to these anyway or am I to just provide them as per the courts directions?
  • Thanks.

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Starting court bundle over the next few days. A couple of questions.... answers very much appreciated.

  • Do I just print off all of the UTCCR, UCTA, SOGA documents as they appear on the court bundle? Yes
  • With regards to my schedule of charges and the charges prior to my court claim date - do I amend my schedule of charges to reflect the statute barred parts or submit my original schedule (bearing in mind the pre 6 year claim timescales)? I would submit your original schedule with the latest interest on
  • Do SCM require copies of all of my statements/statement entries - do they have access to these anyway or am I to just provide them as per the courts directions? Yes you still need to send them, only the ones with charges on
  • Thanks.

 

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Hi. Thanks GaryH for the letter. I'm just in the process of completing the Witness Statement for Lloyds bundles. I presume I am classed as a witness, I vaguely remember the AQ form and it asking whether I will be relying on any witnesses or was it asking for expert witnesses? Do I need to include it in the bundle and if so, do I just amend it to include my details? Thanks.

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Yes, you do.

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, I am new to this site and would appreciate a little guidance. Have requested and received list of charges, sent off request for repayment (waiting response). However, in view of experiences from everyone else anticipate Court will be inevitable, just one question there, I have a Platinum joint account with my husband and would like to know if I can put in a claim on my own or does it have to be joint.

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Thanks Michael. Just been re-reading a link from GaryH though and he says that that from the OFT report that I just need section 1 overview ( which seems to be more weighted to credit card charges) plus the section on disguised penalties, scetion 4.21. Any quick advice?

 

Thanks.

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As Lloyds say their penalties are not penalties, but service charges, its essential really to incorperate section 4.21 into the bundle.

 

I would say you should include the front cover, section 1 overview (which contains the statement that the principle of the findings applies to all default charges) and section 4.21 disguised penalties.

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. Spent all of last night at work preparing 3 x bundles for pending court case. Came home this morning filed/labelled everything ready to send off today so it arrived before Monday 6th May. Checked internet banking and there in my account was £3738 HaHaHaHa!!!!!!!!!

 

So I've won!!!!!!!!!!!!! No letters, no communication, no conditions etc etc etc. Have been to the bank already and hastily withdrawn the lot.

Many thanks to all ( GaryH, Michael Browne, Barty in particular etc etc)who have guided me through this process. It's a well used cliche on this site but you must all see it out to the end.

Paypal donation on its way.

 

Could someone move my thread to the won section please.

 

The End!!!!

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Great stuff nearlythere, well done!!!!:D

 

I'll do your title and move you to successes, and also thanks for the donation.

 

Also, slap in a request for costs. You've nothing to lose. See the sticky at the top of this forum, theres an explaination and a link to the "new" templates.

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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CONGRATULATIONS

 

:D :D :D :D :D

 

xXxXxXxXxXx

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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