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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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jcd34 v Lloyds ** WON **


jcd34
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Just print off the transcript from the link I gave you and add it to your bundle - no need to include the actual recording.

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 Gary , you have been such a help throughout all this .I`m feeling excited and scared now - hopefully this will all be over soon .At least if i do go to court it will only be for 10 minutes !!

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Ok, sorry for asking for more help but my brains turned to mush !

 

When i include all correspondence between myself and the bank i`m assuming thats all letters until i filed at court ! Or do i need to send copies of their AQ and Defence . ?

 

Also do i need a personal letter of some sort ? that restates what my claim is and then details more personal info ?

 

any tips much appreciated ( again )

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No, you don't need the court documents such as AQ, defence, etc.

 

You can include a statement of evidence - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194

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I have also included a quote from lloyds defence regarding that they warn customers in advance of charges and listed my customer notes from lloyds where it clearly shows that 30 statements were destroyed by them by reason of `incorrect address` .I have stated that at no time did my address change or did i instuct bank of a change of address and so as a result of not receiving these statements i was not given advance warning of some charges . I have worded it as `legal` language like as i can - do you think this is relevant or should i just include the customer notes in my bundle but not mention them in my statement of evidence ? The notes clearly state `` letter deleted `` and ``statements destroyed `` .

 

jcd

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Yes, if they've not notified you of the charges they have taken then that adds weight to the arguement that the charges are unfair and unreasonable. By all means include it if you want to.

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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Oh good !! I was hoping i could as its been a real issue between Lloyds and i .thanks for that .All i need to do now is a huge lot of photocopying on monday .i have till about the 13 feb to return the court bundle but i want to do it early so SC & M know i`m serious !!!

 

thank you !

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You're welcome.:) I'm glad its coming in useful.

 

On the 13th, if they haven't either settled or submitted documents (which is doubtful!), then refer to this thread and send the first letter - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html

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Please remember to DONATE! Help CAG keep up the fight!

 

 

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Well i have done my court documents and am going to take them to the court and post them to SCM tomorrow - all 130 pages of it !! Thanks for all the help off everyone so far .Now its just a waiting game till the hearing on the 28th Feb - fingers crossed for a settlement soon !! I have reminded SCM in a covering letter that i look forward to receiving their documents by the 13th Feb at the latest .

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I have just phoned SCM just to check that they received my court documents ok and i asked them when i could expect their documents .Man on phone said they were not relying on any other documents other than the defence they had already filed so they didnt need to send anything !

 

I said `` ok , so you arent going to follow the courts directions then `` .SCM fellow said they didnt need to as we already had their defence documents .

 

So am i right that its a non -compliance of orders ( and so basically an admission that they arent going to be turning up in court )Horrible snotty attitude of these people really annoys me - he did his best to try and confuse me and was all eager to get off the phone when i obviously knew what i was talking about !!

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This is the problem with ringing them - they're completely and utterly arrogant and unproffessional (barring one or two). From now on, I would say don't even bother. Send the non-compliance letters at the relevant time then let them come to you.

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 have sent SCM the first non compliance letter today and sent a copy to the court also .This stalling really annoys me .Having read a few threads lately where people have had to turn up at court only to find out that lloyds have faxed settlement to courts has really made my blood boil .

 

If i have to go to court on the 28th i `m going to have to miss college and get someone to collect my child from nursery -all for something which could have / should have been settled by now .

 

I am so tempted to phone SCM again and give them an earful about time wasting .Instead i`m going to tot up my costs instead and maybe claim some of those back as well.Maybe i should include the cost of the childminder in there too !!!

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Well - I WON !!!!!!

 

SCM received their non compliance letter on the 14th and yesterday evening the full amount owed just turned up in the account .no letter off them to sign and return or anything !!

 

Im so pleased and so very grateful for all the help and info i got from this site .Thank you all so much !!!!!!!!

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Congratulations!!!:D :D

Don't forget to let the Courts know that they've settled, there's a letter here if you want to use it:

http://www.consumeractiongroup.co.uk/forum/post-487345.html

 

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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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'll get your thread moved for you;)

 

Oh, and.....

 

CONGRATULATIONS!!!

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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You're welcome;) - I'm glad its coming in useful.

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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