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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
      • 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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Here we go! ###WON###


Pondfish
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Hi everyone,

 

Arrived home this afternoon to find a letter from Northampton courts. A "Notice of transfer of proceedings." My claim has been transferred to Luton County Court as it covers the area where i live.

 

I haven't seen any mention of claims being transferred, but it does make sense as Luton is much nearer to me. I filed my claim via MCOL, and i guess it defaults to Northampton? :confused: .

 

I guess i should get a MOD to change my Litigation in progress post, as it states Northampton Courts.

 

Besides this i also recieved a copy of Lloyds defence, and an AQ to return by 19th March. Better get to work again ;) and find that £100 :(

 

Oh well, at least it's all moving towards a conclusion :) Just hope all the recent publicity, and the OFT report which is due soon, doesn't throw a spanner in the works!

 

Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

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Hi guys,

 

Well going to submit that AQ today with the new draft order. See how we get on - i haven't seen anyone succeed with it yet - but no harm in trying. ;)

 

I have seen that some people have sent SCM a copy of the completed AQ. Is this a good idea? might the addition of the draft order provoke them into requesting a stay etc? Given that the date to return the AQ is the 19th March so they probably haven't filed thiers yet.

 

Any views on this appreciated.

 

Pondy.

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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There has been some success with it, some judges have amended it slightly.

 

Send SCM a copy of the AQ as this may speed up settlement. If they are going to request a stay they will do so anyway.

 

Lloyds usually settle around this time with a full offer, excluding CI and any pre 6 years charges.

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

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Thanks for that GuidoT! :D

I'm not claiming CI or Pre 6 years, so here's hoping for a speedy conclusion. Got to say though, i'm not expecting them to pay up until the last possible moment. :(

 

I'll send SCM a copy of the AQ, and stand back and see what happens.

 

Incidently i have included the draft directions (Bankfodders Post #2) and Gary H's New Section G wording. Nothing else to add is there (other than £100)?

 

Gary H if you looking in, thanks for the section G wording, your a star!:D

 

Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Thanks GuidoT,

 

AQ done and dusted, but will have to submitt tomorrow as court closed at 4.00PM :(

 

Thanks Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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AQ now submitted to Luton County Court and copy sent to SCM. :D

 

£100 lighter! :( Hope i can get this out of Lloyds if they settle prior to court.

 

We'll see if the draft order is accepted! ;) Oh well, the ball is back with Lloyds and thier partners in crime (figure of speech don't edit me for slanderous comments;) ), we'll see what sort of defence is really going to be offered.

 

Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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AQ now submitted to Luton County Court and copy sent to SCM. :D

 

£100 lighter! :( Hope i can get this out of Lloyds if they settle prior to court.

 

We'll see if the draft order is accepted! ;) Oh well, the ball is back with Lloyds and thier partners in crime (figure of speech don't edit me for slanderous comments;) ), we'll see what sort of defence is really going to be offered.

 

Pondy

 

Good luck with the draft order my judge failed to order it on both my LTSB and Cr@p 1 claims.

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Heard on the radio today that the courts have a major problem with defendants not turning up to court dates. 150,000 cases where people did not turn up.

Do they mean Lloyds ????;):D :D :D

 

They should look at the draft order from CAG, that might help!!! LOL

 

Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Hi Pondfish, I have been following your thread and would just like to offer of caution in relation to your loan, I have filed my 2 claimes with the llloyds and completed the AQs so I am know just waiting for the hearing date to be set. like you I also have bank loans with the tsb and was in arears. In the last couple of day I have recieved a summons from the Lloyds taking me to court for £8,000 bank Loan. coinsedence I think not. I had somehow expected them to make a counter laim but apparently they don't have to go down that line, so I am now going to defend the claim as the loan was given to pay arrears caused by bank chargers this I could do without and aditional costs. so just a word of warning try to negoiiate a repayment plan for the loan and stick to it that way they can not come after you for it if you keep up with the repaymnets. This is something I should have done.

sorry to put a damper on things but you must take everything into consideration when trying to claim back chargers. no banks want to give you your momey back and if they can claw it back another way they will do. forwarned is forarmed so to say

 

Good Luck

you seem to be doing everthing right so far and with very good support you are recieving you should not have any difficulties. although depressing I hope this information was of some help

 

Pen

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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GuidoT,

 

Yeah i know, just had a little chuckle to myself! It lifts the gloom! :)

 

Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Pen,

 

Thanks for that info, it's nice to see people are interested enough in your plight to offer help. :D

 

With regard to my status with Lloyds, i am in a very difficult situation that's for sure! :(

 

Since i got into financial difficulties, Lloyds have basically called in the outstanding 6,600 on the loan, 2,000 overdraft, and 10000 on 2 credit cards. :eek:

I have been speaking to them about the situation since Xmas, and got the CCCS involved. I do have a payment agreement in place for these debts - to be reviewed in about a month.

 

I am aware that they might try retalitary action, but the CCCS advised that if it were to go to court, the court would be unlikely to ask me to pay any more than i have currently offered. This is due to me giving piority to Key debts (Mort. Council Tax, Inland Rev.) These arrears will be cleared in about a month, and i should be able to increase my repayments to Lloyds.

 

Crossed fingers - i might just get out of this by the skin of my teeth!

 

Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Thanks for looking in 121o121!

 

Pondy

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Pondy update,

 

Well AQ's had to be returned by today! My AQ was delivered on the 8th, and i've heard nothing since. Just packing up at work, so i will see if anything has arrived in the post today when i get home. (not holding my breath) :rolleyes:

 

Guess the best thing to do now is ring the courts for some info. on the status.

As i went down the MCOL route, my claim was originally with Northampton county court, then transferred to Luton county court.

 

Who is it best to ring, MCOL or Luton County Court?

 

Any advice appreciated.

 

Pondy :)

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Hi guys,

 

Pondy update!

 

Rang Luton County Courts today, and was told my claim had been sent for a hearing date to be set and i should hear something back in a couple of days time.

 

Pondy :)

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Hi pondfish, I have been giving a hearing date for the 13th June, i gather by that, that the court have excepted the new draft order don't really know what to think.

Pen

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Hi Pen,

 

When did you get your date? Didn't the notice have some wording with effect to how and when you have to gather any info required?

 

perhaps you could post what the notice said?

 

Pondy :)

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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Hi Pond, no not recieved it yet, it was confirmed over the phone when I phoned the courts.

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Pondy Update,

 

Finally recieved a letter from the courts on the 27th March.

Court date has been set for the 7th June. I was hoping it would be a little sooner than that. :(

 

Draft order was not directed either! :(

 

Still, at least i have an end date now which is good to know. :)

 

Pondy :)

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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  • 2 weeks later...

Hi Pondy

 

Nothing to report yet I take it?

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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Pondy Update,

 

Finally recieved a letter from the courts on the 27th March.

Court date has been set for the 7th June. I was hoping it would be a little sooner than that. :( You'll get a settlement before that

Draft order was not directed either! :( My LTSB and CAP One both didn't get the draft order ordered.

 

Still, at least i have an end date now which is good to know. :)

 

Pondy :)

 

Tanz

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