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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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Darren v Lloyds TSB***WON***


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i dont think i included them in my bundle. My case was a while ago tho so maybe what you send has changed i havent read the bundle posts for a while- sorry bout that was only trying to help!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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i dont think i included them in my bundle. My case was a while ago tho so maybe what you send has changed i havent read the bundle posts for a while- sorry bout that was only trying to help!

 

Has only really recently been suggested in light of the recent 'Lloyds victory'

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Has only really recently been suggested in light of the recent 'Lloyds victory'

 

thanks for clearing that up :)

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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The current account charges page from the present website will have to do. I can't find the old ones on the archive site anywhere.

 

Off to the post box!!

 

Lets see what happens now..............

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Oh well,

 

Nothing recieved from Sechiari and Clark.

 

First non compliance letter now away.

 

Another 7 days to wait!!

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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  • 3 weeks later...

Letter recieved from the court today,

 

----------------------------------------------------------------------

 

Upon the courts own initiative, it is ordered that:

 

1. Unless the defendantdo by 4pm on the 22nd June2007 file and serve documents as ordered on 18th April, the defence be struck out without further order and the claimant shall be at liberty to enter judgement for the sum enclosed together with interest to the date of judgement and all court fee paid and the hearing on the 30th July be vacated.

 

2. This order has been made without a hearing under the Courts Case Management Powers contained in part 3 of the cilvil procedures rules and/or without notice to yourself.

 

You may within 7 days of service of this order upon yourself apply to the court to set aside or vary the order under part 3.3(5) civil procedure rules.

 

You must file with the court (serve on the other party) an application which sets out your reasons for objecting to the order.

 

When your application including your reasons for objection to the order are recieved by the court the application will be listed for a hearing unless the court feels this is unnecessary or you require the court to vary the order without a hearing.

 

Dated 6th June 2007.

 

---------------------------------------------------------------------

 

Oh well then! That was recieved after only sending the first non-compliance letter. Hopefully they will screw up again and not send the documents and I can apply for judgement!!

 

22nd of June will tell!!

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Excellent! Slap in a request for judgement on the 23rd.

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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  • 2 weeks later...

Oh well, nowt recieved from them. I've applied for judgement. Hopefully the judge will grant it and then I can send in the bailiffs.............

 

:p

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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  • 2 weeks later...

The court sent me a note saying that the hearing on the 30th July has been vacated. As I was unsure what this meant, I gave them a phone to see if that meant I had judgement. They said no and that I hadn't applied for it. Looks like my judgement request got lost.

 

Another one away in the post. Hopefully hear something more this week.

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Judgement for claimaint in default!!

 

Yay!!

 

I'll give em' a week then the bailiffs are going in.

 

:p

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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You should write to SCM with a copy to Lloyds registered office giving them 7 days to pay otherwise a warrant will be issued, as here:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb-7.html#post921936

 

Worked for me they paid in 6 days.

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

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  • 3 weeks later...

Well,

 

No response from them, so managed to get the court to issue a warrant of execution.

 

Then I got a letter from SCM basically saying Lloyds didn't recognise my address and could I forward the correct details.

 

So we'll see what happens now. They have the correct details AND a warrant has been issued against them.

 

Hope this OFT test case doesn't affect me as I already have a valid judgement!!

 

More waiting............

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Darren

 

I'd appreciate some advice please, I believ you used MCOL to claim, how did you get by without an English address ?. I have a friend who will let me use his address,did this work ok for you ?

 

 

I have just recieved my final letter of rejection from the bank. I have two accounts I wish to claim on.

 

One claim is for 6,000 the other for 3,500.

 

Fos are no longer taking claims.

 

1) So I believe I now have two options, I have a friend in England whose address I can use on MCOL, but I'm a little unsure about going down this road.

 

2) File my claim at the court nearest to Halifax's head office in Halifax, Stevekenevo has done this and been successful.

 

 

Any replies would be greatly appreciated.

 

Cheers

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Hi Grant,

 

I didn't use MCOL. When I sued HBOS I went for contractual interest and the section for the particulars of claim online wasn't big enough. In the end, what I did was complete an N1 form and submitted it to Bournemouth County Court as I have friends in Bournemouth.

 

What I did was supply my friends with lots of stamped addrressed envelopes for them to forward corresponance.

 

However, the court sent everything to me directly in Scotland. I lumped both accounts into the one claim and won by default.....6k....sweet!.....but spent long ago lol.

 

I've just won my second claim against Lloyds and used Bournemouth county Court. I'm just waiting for the bailiffs to go in and get my dough!

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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  • 2 weeks later...

Well it looks like I've won!

 

I got a cheque from SCM the other day for fourteen pounds saying that it was the difference of the previous cheque they issued for £1566.

 

Only thing is......I never recieved a cheque for £1566 !!

 

Gave them a ring, found them very helpful and they said they'd get back to me in 72hrs. They left a message for me at lunchtime today saying that the original cheque issued has not been cashed and that they have now cancelled it. As soon as they recieve confirmation that it is indeed cancelled they will issue me a new one ASAP.

 

In the meantime, I haven't yet cancelled the bailiffs!! Should I? Or should I just wait until the cheque has cleared?

 

Ta..........

 

:p

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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  • 3 weeks later...

Won!! Funds cleared!! I'm rich for another few days lol.

 

Thanks to all..............

 

:p

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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