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    • 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
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Settlement In Full!


izzthewiz
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Hi everyone,

 

Im new to this forum but have followed everything step by step, ive now filled out my N150 allocation questionnaire as my claim with int is £5372.51.

 

I have 2 accounts with lloyds and thats just one of them i will be starting my other claim soon, ive got myself into such a mess with loans etc and its all to cover my overdrafts which has been due to these charges. Ive just had my first child and could really do without money worries. I feel lloyds are the reason im in this situation now.

 

Ive seen that recently people have been getting there settlements so 'congratultaions' i just hope i get one too - can anyone tell me roughly how long this goes on for after youve sent in the allocation questionnaire??

 

Thanks

izzthewiz

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Hi

 

It all dependes on the solicitors.

 

Usually they write to and offer to settle with conditions attached

I sent my questionaire back and I still have not heard anything.

 

But remember they may just decide to take it to court so have your case ready just in case.

 

Sometimes people get a court date and Llyds settle before the hearing but just be pepared to go to court just in case.

 

Good luck

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It is not very likley that it will get to the stage were you have to go to court.

Its not very likley that it will,

 

As for backing out I think that is up to you but you would lose your fees.

 

Read a bit more around the forum and dont worry its your money and you want it back.

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You are the antagonist, if you want to stop the agony write to the court and say you wish to withdraw your claim. Lloyds cannot stop it.

 

In my case, I waited until the last day until I submitted the allocation questionaire, as soon as Lloyds received it they offered me a settlement for the full amount.

 

This isn't a murder trial, no one is going to prison.

 

I would advise you stick to your guns. Unless you are finding that the stress outweighs £5000.

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  • 1 month later...

Hi everyone,

 

I havent posted for quite a while. I sent my allocation questionnaire in what seems months ago now and 11/08/06 received a notification of small claims track form court. It states that the hearing will be set by my local court and should take no longer than 2 hours also tell me how to prepare documents etc.

 

I have not heard anything since from Court or Lloyds - Does it usually take this long?

 

Im angry at lloyds as ive had loans to cover overdrafts which i feel is due to the snowball effect of charges. I now have big overdrafts on my accounts that lloyds are doing everything to get money off me - i just wish they would pay up what they rightly owe me and then i will clear the overdraft.

 

Anyones help, advice or opinion would be great

 

thanks

x

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I would contact the court you sent the Allocation Questionniare back to and ask them what is happening... Also write to Loyds solicitors

 

This is just an oppinion

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

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Yes, most definately contact the court by telephone. I would have thought you should have received a court date or directions by now.

 

Keep us posted

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 guys,

 

I said i would keep you updated recieved a letter from county court stating a hearing will be held in small claims court on 7th December 2006 - oh my god!! Im nervous and excited.

 

Im hoping they will pay up but i will take them to court if need be, they are the reason im in debt and i want my money back.

 

Anyone who has been this far any advice would be great

 

thanks

izzthewiz

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I have a hearing date of 6th November.

 

Court has asked me for schedule of charges and my reasons I claim the charges are unlawful etc, which I have prepared and am about to send off.

 

More interestingly the court has asked bank to state how they calculate the charges to be a pre-estimate of the loss caused to them by the defendant's actions (or words to that effect). Doubt very much if they will be willing to go into that detail and am hoping things will be settled soon.

 

It's getting near the end; it's a long slog though!

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Anyone who has been this far any advice would be great

 

Think yourself lucky you managed to get a date!

 

The best advice would be just to keep doing your research. Remember that Lloyds have'nt defended a single case in court yet, and theres no indication that they ever intend to do so. That said, you must prepare as if your were going to court, so gather your evidance and start putting some case notes together. The 'case guidance notes' in the templates will help you with this, as will wolfcubs excellant case note which she posted on her thread 'wolfcub vs Lloyds'. You will soon be asked to furnish the court and the other side with your evidance, so the earlier you prepare the easier and less stressful it will be. Remember also, that even if it did get that far (which is HIGHLY unlikely), small claims court is nothing to fear. Its designed to be informal and lawyer-free.

 

Good luck!

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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Think yourself lucky you managed to get a date!

 

The best advice would be just to keep doing your research. Remember that Lloyds have'nt defended a single case in court yet, and theres no indication that they ever intend to do so. That said, you must prepare as if your were going to court, so gather your evidance and start putting some case notes together. The 'case guidance notes' in the templates will help you with this, as will wolfcubs excellant case note which she posted on her thread 'wolfcub vs Lloyds'. You will soon be asked to furnish the court and the other side with your evidance, so the earlier you prepare the easier and less stressful it will be. Remember also, that even if it did get that far (which is HIGHLY unlikely), small claims court is nothing to fear. Its designed to be informal and lawyer-free.

 

Good luck!

 

Hi

Very interesting thread.

I can't find the "wolfclubvs lloyds thread can you help?

Thanks

Pam

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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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  • 4 weeks later...

Hi everyone,

 

I havent posted for quite a while. I sent my allocation questionnaire in what seems months ago now and 11/08/06 received a notification of small claims track form court. It states that the hearing will be set by my local court and should take no longer than 2 hours also tell me how to prepare documents etc.

 

I have not heard anything since from Court or Lloyds - Does it usually take this long?

 

Im angry at lloyds as ive had loans to cover overdrafts which i feel is due to the snowball effect of charges. I now have big overdrafts on my accounts that lloyds are doing everything to get money off me - i just wish they would pay up what they rightly owe me and then i will clear the overdraft.

 

Anyones help, advice or opinion would be great

 

thanks

x

 

Have you contacted the court yet? if so what have they said?

Jules x

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

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Izz have a look in the Lloyds threads and you'll see that Lloyds are playing silly buggars right now !

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Hi Guys

 

Thanks for messages, Ive spoken to the court and had a letter through confirming my court date is on 7th December 2006 - little concerned but i will take them all the way to court.

 

How can the bank justify taking £5k inc interest within 4 years for charges, im so angry with Lloyds infact i hate them and would never use them again, it almost feels like me and my husbands hard earned cash being ***** or poured down the drain. I want my money back just like everyone on this forum and i will take them to court even if its just to make a stand and get my point across.

 

izzthewiz x

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Im on a similar timeline 5th Dec is my court date.

 

Good Luck !!

Data Protection Act Request sent 22nd April 2006 (recorded delivery) to Penny Berryman 40 days up on 1st June 2006.

 

Statements recieved 5th May 2006

Claiming back = £3913.65

 

Preliminary Letter Sent 5th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 9th May

 

Letter Before Action Sent 9th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 12th May

 

Moneyclaim filed issued 6th June (14 days to reply) Time up on 20th June.

 

Acknowledged 15th June (28 days to defence)

Time up on 13th July.

 

Defence Recieved 7th July

 

Going Before the Judge 15th September

 

Court Date 5th December

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  • 3 weeks later...

Hi all,

 

Received Letter last Tuesday stating they would settle Full & Final the total claimed inc int £5887. The terms on letter were things like you must keep your bank account with us and make sure dont use overdraft etc

 

Ive replied accepting but have not cancelled court proceedings till i have the money in the bank - which i still havent received as yet.

 

I would like to thank everyone for there help and advice.

 

Im now going to start my next claim on another account with Lloyds! I also have a blackhorse Loan does anyone know if i can claim charges on loans?

 

Thank you all

 

izzxx:-) :-) :-) :-) :-)

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Congrats izz! Have you filled out the survey? Also, how about considering a donation to the site? We would'nt survive without donations.

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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Thank you! Its taken a good 6 months from the start to get the settlement but i would have happily taken it all the way to court, the banks are wrong and they know it.

 

I will be making a donation.

Good luck with all your claims, Im now looking into loans, credit cards etc

 

thanksx

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Thanks izz. Yes, you can reclaim any disproportionate charge imposed for the breach of a contract - loans, credit cards, mortgages, phone contracts, etc.

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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