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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.
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      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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BelleVix vs. LloydsTSB ** WON **


BelleVix
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There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Im getting a bit confused. I have made a claim for all the charges made to my account plus interest. However are you saying that Overdraft Interest Charges cannot be claimed but the Account charges & Excess Fee's can? A bit more help on this would be much appreciated. Thanks in Advance,

Tris184

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OK, where's the emoticon for steam coming out of my ears??? :mad: :mad: :mad:

 

LTSB filed the acknowledgement of service on the 18th December! GRRRRRR! they have until next Tuesday (9th Jan) to file a defence (which i have no doubt they will :rolleyes: ). ah well, didn't think it could be this easy.

 

Belle :(

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Try not to be down hearted. I wrote on my thread that it is a bit like a dance, with both parties knowing the steps, but merely waiting for the music to end. The music will stop.

 

Also because you are at the pre AQ stage you can benefit from the new super directions. Hopefully GaryH will be along and give you the link because i don't know how to do that. However if you go to the last newsletter and follow Bankfodder's link to new appraoch to AQ you will see it there.

 

Keep strong

 

Regards

Paula

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Hi Paula,

 

Thanks for your kind words. It's very difficult to be positive - i keep getting my hopes up and then let down again!! Other things on my plate at the moment (my wedding!) so the money would come in really handy!

 

I'm so scared it will go to court - knowing my luck, i will be the first one to go to court :(

 

Belle (gulp)

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Dear Belle

 

Money will always come in handy no matter when you receive it!

 

Look on the bright side - Lloyds have not defended one case yet, so even if you are the first just think of all the support you will get here!

 

No doubt you have seen other people's threads where they too think they will be the first to have a fully contested hearing. I also feel that if you weren't a touch nervous, then it may be a sign that you were not fully engaged in the process. Suing a large Plc is never going to feel like a day trip to Cleethorpes, but you will get there.

 

Freebird's thread is a master class in determination and should be a three line whip read

 

Regards

 

Paula

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Hi Paula,

 

Thanks for your kind words. It's very difficult to be positive - i keep getting my hopes up and then let down again!! Other things on my plate at the moment (my wedding!) so the money would come in really handy!

 

I'm so scared it will go to court - knowing my luck, i will be the first one to go to court :(

 

Belle (gulp)

 

You are far from alone in worrying that your case may go to court .If you start reading the long threads that have been won it will give you more confidence. Just keep reading around and stick to the steps we advise that way you won't make any mistakes .As has been pointed out it is unlikely your case will end up in court BUT saying that it is a possibility so you just need to be fully prepared and if it does come to that then we have a buddy system set up where you should be able to get someone to acompany you who has been through the process .:)

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Hi, I haven't checked in for a while, so i missed your post - thanks MJanet. Have just come out of hosp, so am slightly less worried (I had too much on my plate last week!), but I have just received their defence and the allocation questionnaire. I was expecting it!

 

Can someone post the link to the online questionnaire so i can type it out and print it, and then do I send a copy to SC&M, as well as take it into court?

 

Also, they mention another 100GBP fee (aargh!) can i claim this back off Lloyds as well??

 

Thanks for any advice (maybe i'll manage to get this soerted before the wedding!)

 

Belle :)

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Hi Belle

You only pay the £100 if your claim is over £1500, and it is reclaimable off LTSB.

You have to fill your AQ in yourself, you can't print it online, I'll post a couple of links below to help you with it.

If you send a copy to SC&M and the original back to the Court.

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Hope that helps.

Barty:)

PS Is this site soooo slow today or is it me??

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Hi Barty,

 

Thanks for this. Unfortunately i am looking at claiming about £2k from them, so I do need to pay :(. I wanted to type the forms out on the computer then print them so i can deliver them typed out rather than scrawled in my handwriting :D.

 

thanks for the links, will have a look now... and yes, the site is *really* slow! maybe it's all the banks trying to work out what we're doing...!

 

Belle :)

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  • 2 weeks later...

Hi,

 

I am back a work and seriously looking at this. I got all my charges from my internet banking, so don't have the statements hard copy. If i go down the New Strategy route, can i get away with submitting print-outs of my internet banking? or do i need to request the statements?

 

Thanks,

 

Belle :)

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Whether you go down the new strategy route should not be effected by if you have on line or post statements - just go down the new strategy route anyway.

 

SCM made me what would be a full offer for most, quickly after I filed my new strategy AQ.

 

If Lloyds contend that your on line statements are incorrect, then the burden is on them to demonstrate as much. I am sure you have nothing to be too concerned about here.

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

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Here you go:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-8.html#post481560

 

I checked Barty's post 37 and they worked for me, computers can be a bit moody. If these do not work, then I will tell you where to find them.

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

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Hi Belle

If you have a look at this, there a couple of links on it, one for the N149 on post 2 and one for N150 on post 3:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Thanks Barty :) you're a honey!

 

now for the questions...

 

1. if i use the new strategy on N149, do i just include that draft order or do I also include the statement saying:

 

"I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue etc... "

 

2. If i put both in there, can i attach the draft order to the back saying in section G 'please see attached draft order', or does it have to be part of the form?

 

3. this does just go to the court? or do i have to submit three copies as before?

 

any help appreciated - I have until Friday to get it in...

 

Belle :)

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Hi

I think you do what you have put in number 2, I'm not completely sure as I've never done this, anybody know if this is right??

You should also send a copy to SC&M.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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I believe that the case will last no longer than one hour.

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the attached draft direction be made into an order.

 

I believe this would bring a rapid end to this litigation.

 

 

Send the AQ to thje court, copy to sols, copy for yourself

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