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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
      • 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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Pen vs Lloyds TSB **TOTALLY & UTTERLY WON!**


Pen
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Hi everyone, Gosh this seems a nightmere. ahhhhhhhh it's a good job i don't own a cat lol

 

I have been mulling this through all day, and i am furious with [problem] mainly because of all the worry and stress they have put me through, the late nights and early mornings i have spent on this site worrying and not being able to sleep. So i absoultly agree with what every one says about going for the kill. I have no idea what the amount represents, as far as i am concerned last week SC&M where adamante that they where not going to make a offer the where attending court to defend this case and since i have no idea what this payment is what do i have to lose as i have not been offered a settlement figure and if I give in on this one i might just as well kiss goodbye to the other 2 lloyds claims. blimey!! all brave words i know but it's putting it in to action thank goodness Elsinore with me to hold my hand.

 

OK I'm good on the abuse of the court process because that does **** me off how they keep getting away with this, the cheeky sods.

 

I am not comfortable explaining about my situation but I think the courts should have some insight on how people in my situation are being treated. by lloyds

 

My court bundle is spot on, having had plenty of time to prepair it. Gary what do I do in relation to theirs. I don't particulary want a aduornment but do want to kick up a fuss about it and the judge is aware of it also.

 

I think I have good arguments for CI having spent a lot of time reading the thread in relation to it.

 

My one concern is being able to present my argument, but surley the judge should understand any difficulties i have and take them in to consideration. Hopfully I am worrying over nothing and I will be ok.

 

there is not a lot else i can do except to run home tomorrow to let you all know how i got on, do you know I don't think i felt this stressed the night before i got married lol

 

Gary I still need a copy of the Martin Ortons letter if you can email me one, and other the the new witness statement i think thats it,

 

Oh My God how did it get to this :) :) :)

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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I've sent you 2 e-mails now, each to both addresses.

 

The first was a statement and attachments to support your application for costs. You need to add to it a spreadsheet of settled claims as well as a schedule of costs.

 

The second e-mail I sent 2 minutes ago with a witness statement and attachments. As they have settled the charges you should not need it now, but just in case.

 

Pleeeeeeeeease say you got them!!!!!!!!!!:o :D

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 be very suprised if they don't settle before going in tomorrow but if they don't just keep calm tomorrow and the Judge should 'help' you in presenting your case. Don't let the other side rattle you..........as to the money paid into your account ...well if you hadn't checked your account you wouldn't have known anything about it because they didn't notify you of what the payment represented.................for arguments sake they could have credited the wrong account (ha ha) and can equally easily remove it from your account to rectify the 'mistake'.

 

Anyway don't fret (and I won my case) and I'll be on pins tomorrow till I hear how much you got from them :D :D

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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:D :D :D hi Gary, Great I have both emails, thank goodness I thought they were not going to work so am i printing them off now, thats a load of my mind. josie, my thoughts as well. I was going to stroll around town after the court but I can see i would be linched if i did not return home to report.;)

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Phew!!! Thank god for that!

 

On the costs one, you'll notice that there are 3 paragraphs in blue. Those were specific to my (mates) claim - I left them as an example so you can either delete or swap them for some of your own information if you wish.

 

Keep it concise as possible and within the chronological sequence.

 

If you have any questions about any of it I'll be around on and off for most of the evening then again first thing tomorrow morning.

 

What time are you leaving to go to court?

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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Hi Gary, I will be leaving at 8 in the morning, also I think I have hit a big stumbiling block with the new witness statement. Para 40 © the 8%. when I worked out the spreedsheet i only done it on the 29.9 CI I did not work out the one for the 8% so do not know how to come to a figure for 8% of £2,855.25 per annum. Do I have to re enter each charger into a new spreedsheet to work this out yeps obviously i cannot times the whole figure x 5yrs and this will take me hours and hours to work out. is there no other way other then just redoing it.

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Good luck Pen, I'll be thinking of you:)

Barty:)

 

PS Gary, can you clear some of your PMs please:)

Done and message recieved. Thanks.

 

Hi Gary, I will be leaving at 8 in the morning, also I think I have hit a big stumbiling block with the new witness statement. Para 40 © the 8%. when I worked out the spreedsheet i only done it on the 29.9 CI I did not work out the one for the 8% so do not know how to come to a figure for 8% of £2,855.25 per annum. Do I have to re enter each charger into a new spreedsheet to work this out yeps obviously i cannot times the whole figure x 5yrs and this will take me hours and hours to work out. is there no other way other then just redoing it.

I'm not sure that there is a way around this to be honest. You need a figure for the 8% really as its going to be the one you get more than likely. You could work out 8% of the total and just add that on but obviously you'll be doing yourself out of quite a lot of money.

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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Yes I agree, I have just finished down loading all the attachments of the emails they are now all filed, i will get cracking on the spreed sheets

thanks gary and barty

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Ok. I'm going to be offline soon - anything else you can think of before I go?

 

Did you repace the blue sections of the costs statement with your own information?

 

I'll be back on first thing in the morning.

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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At least it won't be as hectic second time around!;):D

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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All the best for today pen, everything still crossed:D

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Gary Sorry If I Have Kept You Up. I Am Half Way Through The New Spreed Sheet, Yes I Did Respece The Cost Statement. Thank God I Don't Have To Do All This Again. I Thought My Bundle Was Ok Untill I Saw All The Templates I Had To Down Load And The Additional Spreed Sheet I Had To Do. I Will Be Back On At 7.30.

Good Night Everyone..

pS THANK GOODNESS ALL THE FIGURES ARE MATCHING UP.LOL

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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at last phwwww i have finished, god help lloyds if the do turn up todaybi am off to bed now. 4.16 am and all my figurs matched up with the first lot which was nice. I would have died had they worked out different:o

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Good luck Pen!!!!:)

 

(Not that you'll need it.;))

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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Good morning everyone, finaly done it last night. sorry to keep you up late. one more thing, I have asked for the default be removed how will I biring this in to it.

Thanks gary

pen

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Oh I don't know actually. You'd need to demonstrate that the default was imposed as a direct result of charges I would think.

 

I've never removed one personally (mine were obtained by stupidity just as much as by charges!:rolleyes:), Giz is the one in the know when it comes to default removal. She's had at least 3 successfully removed now - I don't think she's around though unfortunately.

 

Bring it up as part of the settlment negotiations and see what happens. If not it may be something you can go back for at a later date.

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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oK i WILL TRY AND BRING IT IN SOME HOW i WENT o/d BR 54 THATS WHEN THE PUT A DEFAULT ON THE ACCOUNT. i HAVE TO LEAVE KNOW BUT NO MATTER WHAT THE OUTCOME, THANK YOU GARY FOR YOUR SUPPORT, LATE NIGHTS, HELP IN ALL IT'S PREPARATION AND FOR BEING A GREAT FRIEND.

i WILL GET BACK AS SOON AS I CAN.

tHANKS EVERYONE FOR ALL YOUR GOOD WISHS, TSB WON'T KNOW WHATS HIT THEM TODAY:) I HOPE

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Good Luck Pen, will be thinking of you all day - let us know ASAp - or sooner!

Love to you Darling1 x

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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GOOD LUCK PEN!!!!!!!:) :grin: ;)

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 won't see this til afterwards now Pen, but Good Luck!!!

 

Gary directed me to your thread as my date is in 7 days and I'm also claiming CI, so very interested to know how it goes.

 

I'm sure you'll be fine, and return home this afternoon with a huge grin on your face!

 

xxx

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