Jump to content


  • Tweets

  • Posts

  • 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

West v Lloyds ***WON***


weststreet
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6402 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

two thoughts

 

What if O/H rings SCM tomorrow ? At least he'd find out if they're aware of Friday's court date, and if they are they obviously intend to defend.

 

Has anyone else actually got to Court ? Has the other side been there ? Was the case heard ?

Link to post
Share on other sites

  • Replies 91
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi i,m with the ice cream seller's too they signed for my last letter but didn't forward it to my "file" don't reply to phone calles then ask me to find out who signed for it!

My court date is set for Thursday 5th october got a bundle of lettes ad bits including letter"helped"by Bankfodder.

If we see them in court i will post on thurs p.m.

"Nationwide first Lloyds last but not least by a long chalk"

Keep grinning chuck.

john r

Link to post
Share on other sites

Hi weststreet,

 

Well worth giving the Solicitors a call - it should stir the hornet's nest a little at the very least. However, he must not appear nervous about appearing in court, else it'll give the game away ;)

 

First things first - calm down a bit, relax, take a deep breath - and fix yourself a big mug of coffee :D

 

As mentioned last night, there is a Basic Court Bundle that Bookworm has prepared to help you out. This contains a lot of useful information relevent to your claim. You will need to print out three copies of these documents - one for yourself, one for the judge, one for the defendant.

 

As you read through the bundle (which I highly recommend you do!), you will notice things like internet links for the OFT report - you'd do well to get hard copies of these printed off too.

 

Judging from what you say though - it sounds as though the Judge is rushing your case through to a preliminary hearing. It could be that the Judge in particular you have is well aware of the whole bank charges issue, if he is forcing the case to court as fast as possible - perhaps in the hope that Lloyds will not have time to settle and will have to attend?

 

It may well also be the case that the solicitors will collar you with a settlement offer on the doorstep. If it contains any clauses and conditions, don't sign it! :D

 

As mentioned earlier though - don't count on any of the above. Go in to the court with the view of having to prove your case to the Judge. Make yourself aware of the basis on which the whole unfair charges issue is revolving around. The sections mentioned in your particulars of claim are a good place to start!

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

lancsman & reload

 

Thank you both very much. Last night I was thinking of bottling it.

 

Today, at work, with a coffee ..... it seems doable again.

 

Plan of action is ....

A) Get O/H to speak to SCM. Make out it's a courtesy call and try to get the lie of the land.

B) Get stuck into the Basic Court Bundle and prepare, prepare, prepare.

 

lancsman, you're on the 5th, I'm on the 6th. I would be very grateful if you'd tell me what happened with you, ie if they turn up, what they argue, how you respond etc. Best of luck lancsman.

Link to post
Share on other sites

Pretty much, although some people mention on their AQ that '1 hour should be sufficient for the hearing'.

 

I doubt it'll take quite that long!

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

Bugger ! SCM won't take his call. O/H tried - lunch, meeting blah blah. Says they're deliberately not taking the call. So he's booked 2 days off work and travelling down tomorrow ( he's working away from home ).

 

I didn't want to go to Court but no option now. We're going.

Link to post
Share on other sites

Have you got everything you need? Are you all prepared?

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

closey

 

I've printed off the 'Basic Court Bundle' to read this evening after work. Will also print off the McNamara interview. Have the OFT statements 05/04 & 07/09. Have lifted mjanet's 'defence' from the won section ( to amend ).

 

Will read toniight and list anything else that might be useful then print that off tomorrow.

 

Any suggestions welcome.

Link to post
Share on other sites

I wish you all the best weststreet but IF it does go to court i bet they dont turn up which makes it alot easier.... could be an offer on your doorstep when you get home...

 

let us know how you get on been glued to your thread, feel like i'm coming to the last couple of pages of a really good book.

 

GOOD LUCK

 

Link to post
Share on other sites

Excellent work, you sound very prepared.

 

Like Christina says I would doubt very much that they turn up. Can't wait to hear what happens.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Have you got a court buddy?

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Might not be. Click the link below:

 

http://www.consumeractiongroup.co.uk/buddy.php

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Closey

Talked to O/H and decided to go it alone. feel more confident and prepared after the reading and preparation I've done today.

 

Sadie

Thanks for the good wishes - I hope so too.

 

Just read vikkijarda's thread. They had the same Court date as us, 6th Oct and Lloyds just bunged the money into their account today, so very last minute. O/H has closed his account so that can't happen. But it's reassued me that they hopefully will try to settle rather than go through with the case. We'll see ..... O/H is back tomorrow for this and has surprised me by being very upbeat and positive and determined. So I'm feeling a lot happier than I was before.

 

Thanks for all the support.:)

Link to post
Share on other sites

I am glad you are feeling so much better about this. This shows how important it is to be prepared for court, as it gives you confidence and it must be great to know your OH will be there by your side.

 

Remember that you are in the right. Try and keep calm and just take a few deep breaths if you feel yourself getting in a panic. If you don't understand anything ask for it to be explained. The judge should do this for you. If Lloyds say something that you believe to be incorrect then say so and why you think it is wrong, but obviously don't interrupt. I have put a link below to some advice BankFodder has prepared for people going to court in case you haven't seen it. I wish I could be there with you, but lots of us will be with you in spirit.http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html

  • Confused 1
The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

WESTSTREET LANCSMAN HERE.

 

THEY PAID UP.......... THE ICE CREAM SELLERS WRANG ME UP AT 3.00PM WEDNESDAY (COURT DAY THURS) SAID THEY,D BEEN TOLD BY LLOYDS THAT THE AMMOUNT OF MY CLAIM HAD BEEN PAID INTO MY ACCOUNT.SO THERE WOULD BE NO NEED TO ATTEND COURT!ALSO THAT THEY WOULD WRITE TO THE COURT TELLING THEM IT HAD BEEN SETTLED...NO CONDITIONS AT ALL JUST PAID.

 

I don,t know how they may pay you but it,s definitly likely,i thought we were going all the way,because they disagreed with the ammount i was claiming big style(by£600.00approx).

 

was prepared too,wrote note to court mentioning Lloyds misuse of the court system and apologising for the drain on their time...

 

xcd fingers for you

john r

Link to post
Share on other sites

i really dont think they'll show west street, you may get a call today or find a nice cheque on the door step when the posty arrives, but if you do end up before a judge i wish you the best of luck, youve got everyone behind you from this site and we'll be waiting by the computers tommorrow to find out how its gone. x :grin:

 

Link to post
Share on other sites

hi christina

 

Well there's no bank account to do a last-minute bung in to. They haven't got his phone no/wouldn't take his calls. With what I've read their admin leaves a lot to be desired so the chances of getting a cheque on the doorstep ( day before court ) would be brilliant brinkmanship so .... I think not !

We're resigned to going to Court tomorrow. There are then 4 possible outcomes - 1) They don't turn up 2) They settle before case heard 3) They ask for an adjournement 4) The case is heard and decided.

 

Whatever happens, happens.

Link to post
Share on other sites

christina

 

Yes, I was delighted for lancsman. Same thing appears to have happened with vikkijarda. Why are they playing such silly games ??

 

No O/H won't call them. It's his case so his call. He didn't say but I think he got treated like something that gets stuck on your shoe when he phoned them ..... so he's gone all 'guns blazing' now.

 

Putting together my files ready for tomorrow.:!: :!:

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6402 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...