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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 
      • 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
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Lloyds TSB are getting Sloppy "WON*


Badgerboy
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They also said if I can't run my account within the T&C's then they may consider withdrawing certain services like DD's, Cheque book etc (then suggested I may want to make alternative bank arrangements).

 

 

Can someone clarify if the letter entitled "letter before action - consumer version - asking for it back". Just getting a bit twitchy now and want to make sure I am following the process correctly.

 

Badgerboy

 

Have you got a parachute account? It would certainly be advisable, although usually it seems they are not necessary. Better to be safe than sorry.

 

Yes that is the correct letter for your situation.

 

 

 

 

 

 

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Cheers AlanfromDerby, I am going to set up a parachute account with someone else, any recommendations would be gratefully accepted.

 

Badgerboy

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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I found the Natwest Step account easy to get - I applied online and had my account open within a week.

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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debbie1973, have a read of the FAQs, the Step-by-step instructions, the library and first of all the forum rules.

 

It's not good practice to highjack someone elses thread.

 

The FAQs are the bit at the top of the BAG that state "FAQs :::::::::::::::::::::::::- PLEASE READ THESE FIRST!!! -:::::::::::::::::::"

 

and

 

"If you ask a question in the forum that is answered in here, expect your post to be ignored."

 

but not before saying:

 

"MOST OF YOUR QUESTIONS WILL BE ANSWERED HERE ALREADY "

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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I have already sent the first letter asking for the charges to be refunded, I am just about to send my next letter stating action will be taken if they don't pay up. Since my first and second letter I have incurred yet another £30 charge, I am alright to add this on in my second letter or do I need to stick with the original amount.

 

I know its only £30, but as you all know, this is my £30 not ther's.

 

Any guidance would be appreciated.

 

Badgerboy

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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Great stuff I will add the extra money with pleasure. Thanks for the re-assurance, you get a little nervous sometimes and start questioning everything instead of using your common sense.

 

Thanks again

 

Badgerboy

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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I received a letter from Lloyds TSB today stating that they will not refund me. So I am going to start a claim against them, I have logged onto the moneyclaim.gov website but need a little help on a few sections.

 

I have read the library guidance notes but they don't answer my particular query. You are asked firstly to put the defendants (LloydsTSB) address down to which any correspondence should be sent. Can someone give me the piece of mind that this is the address in Birmingham still. My common sense tells me it must be but I am starting to question myself now it has got to this stage and want it to all be done correctly.

 

Also it mentioned in the library that you need to quote the date you took out your bank account with them (firstly I don't know this and secondly I am claiming against two accounts so what do I need to do here??).

 

I titled my claim "Money owed by Bank", is that suffice or does it need to something specific.

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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Hi, I am in the same boat (just about to file mine - got my letter of refusal today) . I found a a site called

http://www.hmcourts-service.gov.uk and printed off all the info that I need!!!

It is quite scary filling out the forms. Have also just read PrincessAphrodite's thread - its very long but well worth reading:rolleyes: .

 

My only advice - the address - I am addressing it to my branch !! It can be addressed to Birmingham, as long as its a proper address for the N1 Claim Form.

 

Hope this helps

Lorraine

Halifax - Since 2003 £1,186 DPA Request: 24.03.06

PRL - sent Recorded 05.04.06

Letter received 07.04.06 - Thanks but No thanks

LBA - 20.04.06 Refused Money Claim filed 08.05.06

Served 14.05 Acknowledged 16.05.06 - 28 days to go

:D WON - PAID IN FULL 25.05.06

Lloyds [/i]- Since 2000 £780.31 - DPA Request: 23.03.06

PRL - sent recorded 10.04.2006

Letter Rec'd 13.04 - Not interested

LBA - 13.04.06 Money Claim filed 25.04.06

Served 01.05.06 & Acknowledged 03.05.06. - 28 days to go

Defence received 25.05 - Here we go

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Thanks for the advice, I am still a little confused though as to what the wording should be on the form. The reason for confusion is because the advice in the library regarding the online claim is quite different to that of the hard copy. The hard copy one reads better but I obviously want to do it right.

 

Where is the Princessaphrodite thread??

 

Thanks

 

Badgerboy

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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I received a letter from Lloyds TSB today stating that they will not refund me. So I am going to start a claim against them, I have logged onto the moneyclaim.gov website but need a little help on a few sections.

 

I have read the library guidance notes but they don't answer my particular query. You are asked firstly to put the defendants (LloydsTSB) address down to which any correspondence should be sent. Can someone give me the piece of mind that this is the address in Birmingham still. My common sense tells me it must be but I am starting to question myself now it has got to this stage and want it to all be done correctly.

 

Also it mentioned in the library that you need to quote the date you took out your bank account with them (firstly I don't know this and secondly I am claiming against two accounts so what do I need to do here??).

 

I titled my claim "Money owed by Bank", is that suffice or does it need to something specific.

 

I put my local branch address. If the baliff's go and collect, I'd like to see it:D

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Princess Aphrodite's thread is two above this one.

 

Big Letters *Claim Filed*

 

Really long one but has some infor which you can put on your claim form. Also Bank Fodder has done some notes on how to claim etc, etc in the Library seciton. Have to hunt for it though.

 

Rough guide and has the wording you need to fill in.

 

Hope this helps.

Downloaded all my info last night - will read through and do claim tonight.

If anything else, dont hesitate to let me know.

Halifax - Since 2003 £1,186 DPA Request: 24.03.06

PRL - sent Recorded 05.04.06

Letter received 07.04.06 - Thanks but No thanks

LBA - 20.04.06 Refused Money Claim filed 08.05.06

Served 14.05 Acknowledged 16.05.06 - 28 days to go

:D WON - PAID IN FULL 25.05.06

Lloyds [/i]- Since 2000 £780.31 - DPA Request: 23.03.06

PRL - sent recorded 10.04.2006

Letter Rec'd 13.04 - Not interested

LBA - 13.04.06 Money Claim filed 25.04.06

Served 01.05.06 & Acknowledged 03.05.06. - 28 days to go

Defence received 25.05 - Here we go

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This is the particualrs of claim I used

Claimant has account xxxxxx with

Defendant from approx xxxxxxx conducted on

their standard terms and conditions.

Claimant is claiming the return of money

taken by Defendant in charges over 6 years

plus interest they have levied on those

charges. The Defendant?s charges are a

disproportionate penalty and therefore

unenforceable as they are contrary to

common law. They are also invalid under the

Unfair Contracts Terms Act 1977 s.4 and

under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and

sch.2.1.e.In the event that the charges are

not a penalty they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15.Defendent has

declined justification of charges despite

repeated requests. Claimant claims interest

under Sec.69 of the County Courts Act 1984

at a rate of 8% a year from 03/02/03 to

06/04/06 of £147.29 and also interest at

same rate up to the date of judgment or

earlier payment at a daily rate of £0.34p.

 

 

If you have 2 accounts I "guess" you can cjange the wording and write "the claimant has 2 accounts with the defendant xxxxxxx and xxxxxx.

I hope this helps.

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Thank you all for your advice, I feel a lot more confident now. I will complete the form with a clear head tomorrow. Let's hope the bank backs down before we have to go to court.

 

Thanks again

 

Badgerboy

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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I am sure you will point me towardds the Library ir FAQs but I can't see for looking.

 

Cheers

 

Badgerman

Successfully beat LloydsTSB for £900 and Abbey National for £650, now taking on Barclays for my wife which is roughly £700.

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