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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.

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      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.
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      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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SLH542000 v LloydsTSB


slh542000
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cheers

 

how did your claim pan out?

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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bit over 11k inc. contractual int.

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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does the new stratagy apply to my claim, only I'm filling out the N150 form now, and the wording for the "New Statagy" seems to apply only to small claims. As my claim is over 5K, won't it be allocated to Fast Track, where standard disclosure is the norm?

 

anyone?

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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With the N150 the new strategy is an integral part of it, providing you following the instructions in the second link in post 26 above.

 

The new strategy is not just about disclosure, but also about speeding up the entire process and obtaining an earlier settlement.

 

It is not certain that your claim will be allocated to the fast track (even if you have from N150). Sometimes claims over £5K are allocated to the small claims track, indeed the link for completing the AQ has some works that ask for your claim to be allocated to the fast track.

If I have been helpful please click on my star and add a comment.

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so which track should I ask for on the N150 form?

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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It is up to you, but you are likely to be allocated to the fast track irrespective of your request.

 

Main differences, in the fast track you have exposure to the other sides legal costs and disclosure. On small claims track no disclosure (but maybe the new strategy sets about correcting this) and no exposure to the other sides legal costs.

 

If I was in your position, I was ask to be allocated to the small claims track as the AQ completion thread (at the end) however you will probably end up on the fast track as your claim is £11K.

If I have been helpful please click on my star and add a comment.

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Cheers Guidot!!

 

 

But what shall I write in the "brief reasons for choosing small claims" if this isn't the normal track to be allocated for claims of this size?!

 

also, I'm a racer, and as such have got a full calendar of days I just can't go to court during the year - do I have to list them all on the form?

 

Thanks again!

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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  • 3 weeks later...

Hi again

 

Quick update. Just has a "Standard Order for stay for settlement with consent of all the parties"

 

Whys that then? I never consented to a stay. In fact, I ticked NO to the Stay on my AQ.

 

Anyone?!!

 

Cheers!!

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Share on other sites

  • 2 months later...

Just a quick update..

 

The judge ordered a stay, till mid may. that's been and gone now, so I've written to the court, outlined the fact that I did contact SC&M twice to attempt to open dialogue regarding settlement, and on both occassions I was informed this was not possible.

 

Spoke to the court yesterday, and apparently it's gone before a judge last week, so just waiting for next step (hopefully a court date!)

 

Cheers

 

Steve

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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  • 4 weeks later...

Another Update!!!

 

Letter from Watford County Court this morning.

 

The Claim has been Allocated to Fast Track.

 

Date: September 19th. CASE CONFERENCE (What's this?!!)!

 

Never been this far with ay of my other claims, so advice on what I should be doing and preparing would be very very welcome!!!

 

Thanks

 

Steve.

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Share on other sites

hellooooooooo?

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

Link to post
Share on other sites

Not sure how I missed some of your posts above. Anyway you seem to have matters under control, looks like you dealt with the stay properly.

 

It is a preliminary hearing, see here:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

I have had a claim in Watford and after the stay the judge ordered the new strategy directions and then struck out their claim and Lloyds paid in full, Rhodes was the name of the judge. Have a look here (the last few pages) as this is what you should be aiming toward:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb.html

If I have been helpful please click on my star and add a comment.

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Rhodes is my Judge too! - Does that bode well?

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Share on other sites

  • 2 months later...

In court tomorrow for this "Case Conference".

 

Any advice, ideas? Whats going to happen? I'm bringing all my paperwork and files, but what is really going to happen?

 

Lloyds have already had a stay awarded.... and nothing.... this claim was served last Feburary!!

 

HELP!!

 

Watford Court. 10.30am 19th September.

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Do not bother responding to my PM, I now have the answers.

 

I presume the Lloyds stay does not relate to the OFT matter, but relates to the AQ type stay.

 

See my post 40 regarding the conference.

 

Be prepared to summarise and have copies of the documents relating to demonstrate how SCM requested a stay (in their AQ) and then made no attempt to settle.

 

Be also prepared to argue against the OFT stay, have a read around here:

Stay Forum

 

You will be fine tomorrow, DJ Rhodes came good for me.

If I have been helpful please click on my star and add a comment.

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Thanks GuidoT

 

The Stay has been and gone! See Post #36 (early summer - I tried to open dialogue with SCM on numberous occasions to settle out of court, as thats what the "Standard Stay" was for! - they declined to discuss anything with me)

 

Can they apply for a second stay with regards to the OFT Test Case? Even though I filed last feb?

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Share on other sites

Yes they can.

 

The OFT test case is a different ball game and they Lloyds are likely to obtain a further stay.

 

SCM usually send a lawyer to these hearings to request a stay due to the OFT test case.

 

However, you are in a stronger position than most to argue against the OFT stay than most.

If I have been helpful please click on my star and add a comment.

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Hi,

 

Just spoken to Watford County Court

 

District Judge Rhodes has ordered a stay on all of these Bank Claims until 31st March 2008 (ie, after the OFT Case)

 

Devastated. Deflated.:mad:

 

What now?

 

:???:

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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You need it in writing from the court that your hearing has been vacated and the matter stayed. It is a bit poor that they have not written to you.

 

Unfortunately if it has been stayed you just have to wait. You can apply to the have the stay removed but it is unlikely to get lifted, unless your have exceptional circumstances, such as hardship.

If I have been helpful please click on my star and add a comment.

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  • 2 years later...

Just a quick update on this one... as I've not posted for ages....

 

Case still stayed due to the test case being appealed by the banks... been stayed for ages now!!

 

However, I checked my credit file recently, and Lloyds bank have put a default against my name for my overdraft. (which I left when I started the claim against lloyds, as it was dwarfed by the amount I was claiming)

 

Surely as this amount was (and is) in dispute awaiting the outcome of the test case appeals, Lloyds have broken the rules here?

 

How do I go about getting this removed? help!!!!

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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hi slh , I agree the account is in dispute and therefore they have not done this correctly . I would contact the cra involved and question the validity of this default . Meanwhile the Supreme Court decision on bank charges will be aired next wednesday , fingers crossed it will be favourable .....the word on the street is home and dry ;)

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