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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
      • 160 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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Lloyds tsb have filed a defence ***WON***


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Hi,

It came in the post today.

Lloyds Tsb have filed a defence.

Need to fill in a Court Allocation Questionnaire.

Anyone else out there at this stage, or gone further - need some advice.

Hate being one of the few rare cases

Do you think we should carry on

Jo & Mick:-x:mad:

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Hi,

It came in the post today.

Lloyds Tsb have filed a defence.

Need to fill in a Court Allocation Questionnaire.

Anyone else out there at this stage, or gone further - need some advice.

Hate being one of the few rare cases

Do you think we should carry on

Jo & Mick:-x:mad:

 

Hi Jo

If you've taken a good look round this site you'll realise that you are by no means "one of the few rare cases" - just keep following the step-by-step instructions on here. Keep strong and don't buckle because that's exactly what Lloyds would want you to do. You may find it useful to keep all your posts about your claim in the same thread, it will make it easier for the rest of us to keep an eye on it and give you support.

 

I've just received a defence from Lloyds too - very similar to what other people have received. Just have to scrape together the £100 fee and get the AQ sent off.

 

Good luck and don't give in when you've come this far. :)

15/2/07 Lloyds TSB number 1 account settled in full :D

20/2/07 5% donation to site :) thanks guys!!

My advice or opinion is offered in good faith but without prejudice or liability. It should not be considered as legal advice. If in doubt, seek advice from a qualified legal professional.

 

"Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure" - Marianne Williamson

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Lloyds Tsb have filed a defence.

As the others have said, this is standard proceedure for Lloyds, they always file a defence. Does'nt mean they actually intend to defend in court though, they've settled every claim so far - which is hundreds!

 

Which defence was it? The standard 9 point 'service charge' or the 14 point 'claim too vague'? If it's the former, proceed with your AQ as per the guide notes in the templates library, if its the latter see this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-lloyds-defence-claim-vague.html

Do you think we should carry on

 

YES!!!! Dont let them off the hook now, your nearly there! Have a look at the LTSB successes forum for a bit of inspiration and reassurance.

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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Cheers everybody. We will keep 'plodding on' and hope we're not the first to lose!! Thank you all for your support and guidance, we will keep you posted..fingers crossed!!

Mick and Jo

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It will be good to know how you get on. I have just sent my 1st letter to them so it will be interesting to see how they are dealing with court claims now

 

Keep us in the know when you hear anything :)

 

Mikey

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Hi have a read of my thread ( link in my signature) and the other succseful claims and they will give you a much needed boost :D

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,

It came in the post today.

Lloyds Tsb have filed a defence.

Need to fill in a Court Allocation Questionnaire.

Anyone else out there at this stage, or gone further - need some advice.

Hate being one of the few rare cases

Do you think we should carry on

Jo & Mick:-x:mad:

 

Hiya

i have just received the same thing and have to return it by the 18th december. Am trying to find out if I need to fill in section G.

let me know if you come across any info

thanks

keithg

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I too received a defence this week and have to return the AQ by the 18th also. In the Templates library there's a good guide to completing the AQ - it suggests using this in Section G:

 

 

"Quote:

Section G - Other Information

In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party.

Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you might have attached. Bear in mind however that at this stage you need not attach all other documents which you wish the court to consider at the hearing. This is something you will later be asked to provide.

 

You should state here that you believe the case will last no longer than 1 hour.

 

You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the other side should provide evidence of their costs! You could include similar text to this....

 

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 court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation."

 

Got to go but it's worth reading the guide... Good luck!!

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Hi

thanks for the reply, I had read this previously but wondered if it applied to claims only of over £5000.

It seems that it would not be read by a judge anyway as it would probably be settled by TSB before going to court.

Your thought or any other info you have uncovered would be appreciated.

It takes ages to read through other claimants threads to find info and havnt so far yet found anything specific.

Its nice to know that someone else is running in tandem with your own claim

thanks

keith

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Got home to another letter:

 

Notice that Acknowledgement of Service Has Been Filed.

 

It goes on to say:

 

The defendant responded to the claim indicating an intention to defend all of the claim

 

The defendant has 28 days from the service of the claim form (23 Nov) with particulars of claim,or of the particulars of claim, to file a defence.

 

The acknowledgement was filed by the solicitors acting for the defendant who has given the following name and address for service of documents:

 

Sechiari Clark and Mitchell

Brighton.

 

Has any one else received this type of Notice, and or is it another attempt to try and scare you off.

 

Anyone out there who has undergone this, please contact us with what happens next.

 

Regards,

 

Mick & Jo:confused:

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Hi

This is all standard stuff, this is what happens when LTSB acknowledge your claim. Next they will file a defence, you will receive a copy of it and an Allocation Questionaire to fill in.

Good luck!

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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You are a day ahead of me. I am expecting my defence/acknowledgent of service tomorrow - ish . Do not give up. The hardest part of this whole process is deciding to act in the first place. If you bail out now Lloyds will continue to be the only bank to fight until the bitter end. They need to know that when their customers start the process they WILL see it through to the end. Anyway I need you to carry on so that i can follow you!!!!

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hello mick and jo

 

we are at exactly the same stage, i have had my AQ through today with a notice that they intend to defend.

 

have had a good mooch round site and you only need to pay 100quid if the claim is more than 1500quid.

 

i have got until the 19th to file my AQ. have posted detail on my thread ( should i give up or start again). so gonna fill in and send reg post to court and sols in next couple of days- have heard lots of letters have been 'lost' in the post according to sols so am sending reg post especially with the christmas post etc.

 

lets keep at it!

Griff

 

LTSB- Initial charges breakdown received 07/07/06

( took me a while to get head round all this!)

Sent Prelim letter 04/08/06

Received FInal response 18/08/06

(out of UK- several weeks)

Had no money(on return!)

Moneyclaim filed 09/11/06-

acknowledge of service being filed 23/11/09

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Hi , i am at the same stage . Have received my AQ and have till 20th to file it . I have filled most in so just need to finish it and copy it 3 times .I have updated my charges too to send in also ( another £15 interest added on ! ) Nice to see a few of us at the same stage ( well , not nice exactly but helpful i mean )

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Hi All,

Of course, we need to update our schedule of charges, that should be more interest for us. We are completing the forms tomorrow and sending them and the hundred quid off to the court - fingers crossed that we will be victorious in the end. thankyou to everyone who is being so supportive and good luck all, we are rooting for you. We will keep you updated!

Mick and Jo:p:rolleyes:

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Hi All,

Have noticed something:

Reading through most of the threads, it appears that most of you going through this received form;

N149 Allocation questionnaire

but we received:

N150 Allocation questionnaire,

don't understand why,

anybody else received one of these!!!

Mick & Jo:confused:

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hello mick and jo

 

i think you get a N149 if it is less than 1500 quid, and a N150 if more??

could be wrong- havent got my stuff to hand buty if you look on the back page of the AQ there should be some notes

 

g

Griff

 

LTSB- Initial charges breakdown received 07/07/06

( took me a while to get head round all this!)

Sent Prelim letter 04/08/06

Received FInal response 18/08/06

(out of UK- several weeks)

Had no money(on return!)

Moneyclaim filed 09/11/06-

acknowledge of service being filed 23/11/09

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i got the N150 but the court told me it was just because they had no N149 forms in and it does the same purpose but is just a bit more fiddly to fill in ! Going to hand mine in on monday so let me know if you get stuck and i`ll pass on any advice i was given to help me to do mine .

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Yes, thats correct.

 

For AQ guide notes see the templates library.

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 All,

Can I just confirm, we dont have to update our schedule of charges, just send the original one again and we will receive our updated charges in the settlement? Is that correct? We still need to fill in the form and send it along with the hundred quid, so we need to get it right. We cant afford to make any mistakes this late in the game.

Mick and Jo:-|:?:

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You cannot add to the value of your claim after the date of issue without a formal amendment. Any charges you have incurred since then won't get included in this settlement, you'll have to re-issue for that after you've finished this claim. Your spreadsheet now should read identically to the one you filed with your claim.

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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