Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • 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
  • Recommended Topics

McFarlane vs Lloyds TSB


Guest markmcf
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6318 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

Guest markmcf

Sent DPA letter re Current account on 7th April, awaiting reply.

 

Paprachute account now opened with another bank in case it is needed.

 

LBA ready for amount to be inserted.

 

Next to tackle is Lloyds Credit Card.

Link to post
Share on other sites

  • 3 weeks later...
Guest markmcf

DPA info received 28th April - out with the highlighter only done first 7 pages so far already adds up to £1,800!! in excess charges and returned dd charges.

 

Preliminary letter being sent ASAP.

Link to post
Share on other sites

  • 3 months later...

Update on current position to date

 

Preliminary letter sent and standard refusal letter received back from Lloyds Customer Services

LBA Sent and final refusal received back from Lloyds.

 

Moneyclaim filed 3rd July 2006

 

Claim acknowledged by Sechiari Clark & Mitchell on 7th July 2006

 

Defence filed by SCM on 4th August 2006. Standard wording as seen on previous posts signed Alan Ingledew. They were cutting it close to 28 days.

 

Allocation questionaire received from court 7th August 2006.

 

Tempted to ring SCM tomorrow to inform them that I will be submitting AQ to court on 9th August and politely asking if their clients would consider settling before this is submitted.

Joint

Lloyds TSB - Settled £5,188.02 Day before Court date. 2nd claim for charges coming soon.

First Direct - Settled after prelim letter £423.50

Personal

Lloyds TSB Mastercard - Coming Soon

Barclaycard - Coming soon

GE Money - Coming soon

First Direct Mastercard - Coming soon

 

Wife's

Littlewoods Catalogue - Judgement by default (No defence submitted) £121. Cheque received.

GE Money - Coming soon

Sainsburys Bank Visa - Coming soon

Link to post
Share on other sites

Faxed Mr Thomas at SCM on 10th August as unable to get him on the phone. Basically stated that out of courtesy I was letting him know that I was planning to submit my AQ on 14th August unless Lloyds were in a position to settle the claim before this happened.

 

Just got off the phone to the elusive Mr Thomas who informs me he is sending a letter today offering full settlement.

 

Usual conditions attached to offer, all of which I am refusing except account review but only once refund has been received and then I will notify court that it is settled.

 

Looks like almost at the end of the road.

 

Thanks to all the information received from this site.

Joint

Lloyds TSB - Settled £5,188.02 Day before Court date. 2nd claim for charges coming soon.

First Direct - Settled after prelim letter £423.50

Personal

Lloyds TSB Mastercard - Coming Soon

Barclaycard - Coming soon

GE Money - Coming soon

First Direct Mastercard - Coming soon

 

Wife's

Littlewoods Catalogue - Judgement by default (No defence submitted) £121. Cheque received.

GE Money - Coming soon

Sainsburys Bank Visa - Coming soon

Link to post
Share on other sites

  • 2 weeks later...

Further delays from Lloyds

 

Faxed SCM two days before latest date for AQ submission not accepting their initial offer as it did not include 8% interest including a copy of spreadsheet. Also asked that they include charges levied since original claim. If they don't want to then I intend to start a new claim for these. Informed them that was about to submit my AQ for which I would of course be claiming the fee back.

Spoke to Mr Thomas who said they had already filed their AQ and asked for a stay to negotiate settlement.

So have now filed my AQ and as yet still no word from SCM.

Court have told me it is before District Judge on Tuesday 29th for directions.

Joint

Lloyds TSB - Settled £5,188.02 Day before Court date. 2nd claim for charges coming soon.

First Direct - Settled after prelim letter £423.50

Personal

Lloyds TSB Mastercard - Coming Soon

Barclaycard - Coming soon

GE Money - Coming soon

First Direct Mastercard - Coming soon

 

Wife's

Littlewoods Catalogue - Judgement by default (No defence submitted) £121. Cheque received.

GE Money - Coming soon

Sainsburys Bank Visa - Coming soon

Link to post
Share on other sites

  • 3 weeks later...

Still awaiting District Judge to allocate case. Not managed for last two weeks due to workload. Hope the other cases are not all bank penalty charges!!

 

May get done tomorrow - fingers crossed.

 

Surprise, surprise, nothing from SC&M - so rang to enquire if any news and apparently they claim that they have not received any instructions from their clients following my rejection of their initial offer. Yeah right.

Joint

Lloyds TSB - Settled £5,188.02 Day before Court date. 2nd claim for charges coming soon.

First Direct - Settled after prelim letter £423.50

Personal

Lloyds TSB Mastercard - Coming Soon

Barclaycard - Coming soon

GE Money - Coming soon

First Direct Mastercard - Coming soon

 

Wife's

Littlewoods Catalogue - Judgement by default (No defence submitted) £121. Cheque received.

GE Money - Coming soon

Sainsburys Bank Visa - Coming soon

Link to post
Share on other sites

  • 2 months later...

Long overdue update!!

 

Needless to say heard nothing for ages then received notification of a stay ordered by District Judge as requested by SC&M on their AQ.

 

Kept contacting SC&M to ask what they wanted to discuss regarding settlement with absolutely no response to either telephone calls or faxes.

 

Sent a letter to court, with copy to SC&M, just before expiry of stay to inform court of their complete failure to enter into discussions. They confirmed I did not need to submit another AQ.

 

Now finally just received allocation letter from court with hearing date of 20 February 2007.

 

So much for getting any resolution before Xmas.

 

Oh well onwards and upwards.

Joint

Lloyds TSB - Settled £5,188.02 Day before Court date. 2nd claim for charges coming soon.

First Direct - Settled after prelim letter £423.50

Personal

Lloyds TSB Mastercard - Coming Soon

Barclaycard - Coming soon

GE Money - Coming soon

First Direct Mastercard - Coming soon

 

Wife's

Littlewoods Catalogue - Judgement by default (No defence submitted) £121. Cheque received.

GE Money - Coming soon

Sainsburys Bank Visa - Coming soon

Link to post
Share on other sites

  • 4 weeks later...

Good luck. I have just received a defence from Lloyds. I am about to fill in the Allocation questionnaire. So much in their defence re all being lawful and no breach of contract so their charges cannot be a penalty they say, consequently they say there is no requirement that the charge ber a pre-estimate of the bank's loss They say they give warning of charges being imposed. They say their charges are fair and reasonable, and deny that they are unlawful and they deny my claim. Well the fight goes on!

Link to post
Share on other sites

  • 1 month later...

No communication at all recently from SC&M with court date due 20 February. Court bundles were delivered for 6 February.

 

Just checked the account online and there is an entry "Settlement of claim" £5188.02 paid in 13th February. Nothing received from SC&M including explanation of how they calculated this figure as it is less than the amount claimed.

 

Looks like I will be contacting them tomorrow to accept this as partial settlement and continuing with claim until they pay the remaining amount of the claim.

Joint

Lloyds TSB - Settled £5,188.02 Day before Court date. 2nd claim for charges coming soon.

First Direct - Settled after prelim letter £423.50

Personal

Lloyds TSB Mastercard - Coming Soon

Barclaycard - Coming soon

GE Money - Coming soon

First Direct Mastercard - Coming soon

 

Wife's

Littlewoods Catalogue - Judgement by default (No defence submitted) £121. Cheque received.

GE Money - Coming soon

Sainsburys Bank Visa - Coming soon

Link to post
Share on other sites

  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6318 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...