Jump to content


  • Tweets

  • Posts

  • 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

Stays & test cases to be heard


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6305 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

Hi AC

 

Thanks for that - I'm still hoping a mod will come across this thread and let us store a spreadsheet of them all somewhere. I already got the list and added some more recent ones (really should have even more added) to bring the list up to 244 :D

 

Cheers

 

Michael

 

If needs be I can store it on my server and put a link on here.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

Link to post
Share on other sites

  • Replies 68
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

If needs be I can store it on my server and put a link on here.

 

Nice offer Pete, thanks - do you want to PM me an email address to send it to?

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

Link to post
Share on other sites

Nice offer Pete, thanks - do you want to PM me an email address to send it to?

 

Cheers

 

Michael

 

It's in my profile Michael.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

Link to post
Share on other sites

It's in my profile Michael.

 

D'oh, so it is - YGM :)

I've brought it up to date a bit with lit concluded posts from after 22nd October. Now up to 273 settled cases, with a tab for 29 Lloyds cases. Taken info directly out of the lit concluded forum, along with issue dates where given.

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

Link to post
Share on other sites

Hi everyone,

 

I was wondering if anyone could give me any advice on how to proceed with my claim against NatWest.

 

Im claiming back around £1300 in penalty fees, and Natwest's solicitors eventually offered me £850 out of court if i accepted within 7 days. I declined their offer, stating that i required the full amount (plus interest and small claims court fee return) to settle.

 

Ive since received a letter from Swindon county court dated 31 October 2006, advising me that my case is now stayed to 31st March 2007. Ive read Mcuth's excellent letter in respect of his Lloyds claim for getting stays overturned, and would like to follow its wording if thats ok - but does anyone have the relevant information on Natwest test cases that i could insert into it?

 

Thanks in advance for your help. Am away for two days now so excuse any delay in replying - but im really hoping someone here can give me some advice how to proceed now.

 

Al

Link to post
Share on other sites

Hi alciren

Ive read Mcuth's excellent letter in respect of his Lloyds claim for getting stays overturned, and would like to follow its wording if thats ok

 

By all means try it - but did you see the reply I got? I'd suggest that if you can afford to, submit an N244 to apply to have the stay lifted - see this post for some example wording (I used that post & a bit of my own stuff for my letter). As always, adapt the information for your own situation. I'm waiting to see what my reply to the court does....

 

but does anyone have the relevant information on Natwest test cases that i could insert into it?

 

NatWest settled cases will be listed in the spreadsheet, all you need to do is list them all. If you're talking about the "Lloyds TSB Bank PLC" section, then all you'd have to do would be change it to reflect the NatWest cases instead (and remove the Peter McNamara reference)...

 

HTH :):)

 

BTW, might be an idea for you to start your own thread anout your experiences in the relevant forum too?

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

Link to post
Share on other sites

Dear Michael,

 

Many thanks for the advice and links to the relevant info - im going to send in an N244 form, including Part C based upon your template, and £35 fee to Swindon Court and see if i can get the stay lifted.

 

I'll post on here the results, whether successful or not. I'll also look to put my claim experience on here soon.

 

Thanks

 

Al

Link to post
Share on other sites

Al,

 

Chances are you will be successful. My Lloyds case was stayed by Swindon CC (District judge Karron) back in September. I applied for its removal and attended a hearing at which the district judge was very sympathetic to the issues and he lifted the stay. You may be called to a hearing too, in which case PM me if you need assistance.

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

just to update you .. I spent part of Sunday evening filling in the N244 Application to have my stay overturned, was just about to post it on Monday morning and then the postman delivered a letter from Natwest's solicitors.

 

Natwest have caved in and paid claim in full - fees, interest and the £120 court fees i was claiming back.. just under £1300.

 

Im very pleased - persistance does pay off - but actually really surprised, as i thought the bank would take advantage of the stay that was put on my claim at Swindon County Court, and await some future test case.

 

Now to move on to the other banks and credit card companies that have charged me extortionate penalty fees ..

 

good luck everyone, and keep fighting for your money back..

 

Al

Link to post
Share on other sites

Nice - congrats Al - wish Egg & Lloyds would do the same for me - getting bored of those two now :D

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

Link to post
Share on other sites

Cor reading all these letters it looks like a mine field out there not as straight forward as i was led to belive

 

Hi mickskie

 

It's not so much a minefield as simply the banks playing fast and loose with the system.

 

Stick to the tried and tested methodology and you will get your charges back - it just takes time. The process itself is quite straightforward, you just gotta have patience!

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

Link to post
Share on other sites

  • 2 weeks later...
Sent the following to the chap in the Listings Section today:

 

Let's see what this does....

 

Well, not a lot - got the following reply:

Dear {mcuth}

 

I write in reply to your letter dated the 14th November 2006.

 

Firstly, I am unable to provide any details of any test cases as I simply do not have any facilities to search such information.

 

Secondly, I'm afraid you must either pay the appropriate fee for an N244 application or apply for fee exemption, there is no other way around this issue.

 

Yours faithfully

So, my cases are stayed pending test cases that they know nothing about & they can't comment on whether I might get a fee exemption :rolleyes: :rolleyes:

 

Well, I guess my next step is to try for the fee exemption against Egg (Lloyds...er....isn't a concern anymore - shhhh ;)) and get the stay lifted :|

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

Link to post
Share on other sites

I am I being thick, or have I read that there is a spread sheet of all settled cases pending a test case? Some one point me in th right direction.

Barclays Bank - SETTLED - £4225.00

First National - SETTLED - £125.00

Lloyds TSB - SETTLED - £994.87

Capital 1 - SETTLED - £827.95

Online Finance - SETTLED - £349.60

Argos - SETTLED - £121.00

Link to post
Share on other sites

I am I being thick, or have I read that there is a spread sheet of all settled cases pending a test case? Some one point me in th right direction.

 

See this post on this very thread.... not specifically "pending a test case", but all settled before a hearing.

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

Link to post
Share on other sites

  • 2 months later...

Folks - just FYI, there is now a sticky post with all the settled cases in, here:

http://www.consumeractiongroup.co.uk/forum/general/63522-spreadsheet-all-claims.html

 

I'll be keeping that one uptodate directly...

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...