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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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Help me please i'm in a pickle!!! *****WON*****


skintandbroke
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Hi

I've just printed off a copy of the basic court bundle that relates to the small claims track - but i'm a little confused with it. i admit i haven't fully read all the content, but do i add the pages that state the Relevant Case Law to Penalty Charges and all the info etc on Dunlop etc?

Sorry if this is answered elsewhere, but i don't want to start reading or printing all this off if its just an example.

Thanks for all your help on this.

Skint!

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you have to do the contents yourself and number the pages at the end after you have added your letters etc- its boring but quite simple. Good luck!

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Hi Sarah,

Thanks, I just wanted to be sure before i got bogged down in it all.

Cheers

S&B

 

No problem- i've been there so i understand :)

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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  • 4 weeks later...

Had a response from lloyds TSB about the money they took from one account to pay off another. Apparenty Common Law allows them to do this as long as the accounts are held by the same person and the same type of account. There was no evidence with this, so i think i will write to them and ask them which part of the Common Law states this (to save me looking). I didn't really like the way the letter said that 'as the amount was 'only' for £6.38'... their bl00dy £6.38s all add up and then leave us with BIG charges - aaarrrgghh TSB get on my nerves!!

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  • 1 month later...

Whoo Hoo

 

Well, we've put a claim in for £2,109 and the court date is this Friday. We have written to the Court to say that no papers have been received by [problem] at all, and the submission date was 27th April.

 

Anyway, i;ve just checked my bank account and £845 has been put in as a BC Refund. Excellent - ish! So now I suppose i have to write to them to say that we'll accept it as part payment and contact the Court to say that they have given this much back.

 

i haven't been on here for a while and can't really remember what to do now.... do i still go to court and ask for the rest of the moeny through them, or just write to TSB/[problem] and say i'll accept it as a part payment and go through the whole process again??

 

We have another 3 claims going through on the 8th June - i was kind of hoping that this would be over soon, but at least its so far so good!!!

 

Please advise.....

 

Cheers

 

A-little-less-Skintandbroke-than before!!!!

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Hi

I've had no response from Lloyds TSB from the Preliminary letter or the Letter Before Action so far and i started this process in October. (I've had the general response to the first letter though). Do i send the N1 letter now and add the 8% - or am i getting confused? I've read the FAQs etc and other sites but i'm just not grasping it, and the bits that say where the bank will know if i don't know what i'm doing really worries me.

My charges have gone up since October, so I take it i add them on to this next letter.

 

I really want to get my money back and i'm willing to go to court for it- but obviously need to get it all right first - so please help me if you can.

 

Thank you in advance.

DEAR ALL AND HELLO !

IS THERE SOME SORT OF INFO WE CAN USE TO CALCULATE THIS INTEREST IVE READ ALOT ABOUT IT BUT MATHS WAS NEVER MY BEST SUBJECT AT SCHOOL!!!!!

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http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

There is also a link in there to Google spreadsheets, if you prefer them.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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There's a spreadsheet somewhere... i'll see if i can find it for you.

 

 

Anyway, today has shown some interesting movements...read on .....

 

We received the paperwork from ****, which was dated the 8th May 2007 (this paperwork was due to us on or before the 27th April). It basically said that they paid us £861, instead of £2,109 as we had initially put a claim in for the £861 and then sent paperwork for £2,109. BUT, we have put 4 claims in altogether, and they have got the account numbers and court reference numbers mixed up. There is one for £861 and there is one for £2,109 and another two in between.

 

My partner phoned **** and an-over-rude-phone-putter-downer answered, and my fella said that they had it wrong and aksed what could be done, but the over-rude man informed us to take it up with the court and then put the phone down while my fella was still speaking! Cr4p at meeting deadlines, cr4p at customer services, cr4p at getting things right! So, then we called the court, and the lovely girl there told us to take it all to court - the whole 4 claims (even though 3 are not due till the 8th June) and tell the Judge everything and hopefully he will deal with them all in one case. Whoopee, i hope he does. The letter from **** advises us to call them to sort it out, and we did, and got nowhere. They say that we need to let them kow if we will accept this as part payment or if we want to carry on - but as this the amount doesn't relate to the account or court ref that we are up with this Friday does anyone have any advice what to do? I think i will just tell it to the Judge straight, how it is. **** asked us to provide them with evidence of how we reached this amount, but i sent them statements, the spreadsheet, and a list of charges which all relate (for 4 different accounts) so how can they have got it so wrong?

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DEAR ALL AND HELLO !

IS THERE SOME SORT OF INFO WE CAN USE TO CALCULATE THIS INTEREST IVE READ ALOT ABOUT IT BUT MATHS WAS NEVER MY BEST SUBJECT AT SCHOOL!!!!!

San143 - How rude of us not to welcome you !!! Have a read of the forum rules (very important !!), the FAQ's, and step-by-step guide. Then you should be able to start assembling your claim.

 

Bestest,

 

Bill:)

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Ok, we called [problem] again and explained it to the girl there that we had 4 claims and not one mixed up one like they thought - she suggested that we take it to court tomorrow too, so that's what we'll do.

 

Be thinking of us at 1.30 tomorrow afternoon!!

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Hello,

Just getting the final papers ready for court this afternoon, in a bit of a rush though cos 3 cases are not really due until June but was advised to take all 4 today.

 

Is there going to be any remote chance that LLoyds TSB solicitors will attend? That bit didn't bother me until just now when i thought of it. :o They've made a bit of a mistake with our files and obviously not being a lawyer, i'm a bit nervous that I will also have made a mistake and look rather stupid. Please convince me that I can't lose, oh no i'm worrying myself now!!!

 

I hope we have a friendly judge at least who will understand!!

Wish us luck

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good luck skint,

 

Let us know as soon as you get back how it went.

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hi

Well, we went to Court this afternoon with info on all 4 cases. They sent a lawyer who had travelled pretty far to go to the court. That was a bit of a shock to us, but he was ok.

We agreed that there had been some clerical errors with the paperwork and 2 accounts had been mixed up somewhere in the process.So we all signed an order to say that this particular case is closed and we are happy with the amount that we have received so far.

So, i have to amend the paperwork to clear the confusion and continue to claim back the charges from the other 3 accounts, especially the larger one which we believed we were in for today but not accoring to their papers.

We may or may not be returning to courtin June - it all depends........

PS all of this went on without actually seeing the Judge! Not as scary as anticipated.

Still, will celebrate this victory tonight as no work tomorrow and we can afford to buy beer now!!!!!!!!

 

We will donate when all 4 claims have ended - don't worry about that!

 

Thank you CAG and members x x x

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thxx IVE JUST COMPLETED 2 CLAIMS USING SPREADSHEET HURRRRRAHHHH!

 

Well Done!!! :p

 

ps - DO YOU ALWAYS SHOUT??? :wink: PMSL! :D

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Helloo

Well so far we've received settlement for 3 out of 4 claims, £861 / £856 / & £525 (that's the total amount which includes the court costs too).

We're just waiting on one more, which is the big one with the paperwork mix up.

I called [problem] today and spoke to the most rude, arrogant, interrupting person in the world, who was so unhelpful and just down right horrible- she shouted at me (so i shouted back!!!) before she put me through to someone who said i would get a call back today, but i didn't, so my partner called them and was told that we would get a call back tomorrow.

Anyway - i hope that we are still able to claim this 4th account, because i don't know what the erros is or why it happened but their lawyer said there'd been a mix up.

 

How do i get **WON** after my name please?

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Great, well done.:D

 

I'll change the title for you.;)

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, :mad:

Recieved 4 refunds now, for 4 bank claims, but [problem] refer to the court reference number and not the account number, but when the court gave use the papers with the reference numbers on they didn't link them to the account numbers either, so we don't know which accounts have recieved what amount. Does that make sense?

We need to contact [problem] and see which accounts received which refund, as altogether the refund money is about £1,500 less than what we ask to claim back.

Why is it such a long drawn out process?

Will keep you posted as/when things happen.

Cheers

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