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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
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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.
      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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Griffin V Lloyds TSB *ABUSE STRIKE OUT*WON*


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If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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Offer recieved - charges +8% (statutary %), not my original claim - charges + 29.8% (CI unuthorised %)

 

I'm not too sure what to do!! Can I wait to see what the court does?

Will the court award me charges + 29.8%

If so, could Lloyds request a set aside based on the recent CI ruling, go to court and I loose the whole of my claim?

If Lloyds can have CI (unauthorised %) set aside, could I counter claim for CI (authorised %), again based on the recent CI ruling.

 

Then again, am I just getting caught up in the frenzy of it all and should settle, after all I've had my charges back ?

Am I wasting my time to go after the CI?

Will I harm anbody else's chances (to win any type of claim) by pushing on for CI?

 

~S~

Griffin

 

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

13/06/07 Court has ordered Lloyds to file, by 22/06/07, a list of claims it has pursued to court or defense will be struck

22/06/07 Offer of settlement recieved.

  • Haha 1

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

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have a read through Lloyds case lost - long thread but lots of comments re: CI

 

last post today at about 3.25

 

Jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Could do with some senior CAG members' advice here, please.

 

~S~

Griffin

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

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Offer recieved - charges +8% (statutary %), not my original claim - charges + 29.8% (CI unuthorised %)

 

I'm not too sure what to do!! Can I wait to see what the court does?

Will the court award me charges + 29.8%

If so, could Lloyds request a set aside based on the recent CI ruling, go to court and I loose the whole of my claim?

If Lloyds can have CI (unauthorised %) set aside, could I counter claim for CI (authorised %), again based on the recent CI ruling.

 

Then again, am I just getting caught up in the frenzy of it all and should settle, after all I've had my charges back ?

Am I wasting my time to go after the CI?

Will I harm anbody else's chances (to win any type of claim) by pushing on for CI?

 

~S~

Griffin

Hmmm... difficult one is this, and I cannot give you a definitive answer unfortunately.

 

Perhaps the most important thing to consider, in my view, is that the court will always expect you to settle at any opportunity - especially in small claims where the ethos is very much on saving expense and mitigating your losses.

 

Then again, Lloyds aren't exactly in the strongest position to start telling you which parts of your claim they fancy paying and which they don't, are they? If they contested the CI they would almost certainly be successful, yes, but - if they want to contest any part of your claim they will have to comply with the judges order first.

 

Sorry my friend, the choice is yours!:D

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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Just ignore the offer, apply for judgement as my post 51.

 

Lloyds may apply to have it set aside as it includes CI, but unlikely.

 

You will get your CI, I was in a similar position to you and they paid me CI and charges going back 10 years.

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

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Thanks for the response !! I'll have to think about this one .

 

~S~

Griffin

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

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Please note that I wrote post 58 with seeing post 57 from Gary. I did not refresh my browser from yesterday, just left it open to remind me to reply.

 

Anyway I do standby what I said, even if GaryH is not as conclusive as mine.

 

My advice is much more definitive because I was in a similar position recently with an offer net of CI and the opportunity to enter judgement. I entered judgement and the money fell out of Lloyds last week.

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

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Please note that I wrote post 58 with seeing post 57 from Gary. I did not refresh my browser from yesterday, just left it open to remind me to reply.

 

Anyway I do standby what I said, even if GaryH is not as conclusive as mine.

FWIW, I don't disagree.

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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Sorry Griffin to be away........ been rather busy

 

I cannot add to GaryH and Guido; I respect them both;-)

 

How much is the difference between ur CI and 8%?

Would u ultimately loose the ur charges+8% if you continued? Probably not.....

 

I'm not there yet buddy, but am watching (what has to be ur decision) carefully

 

Innocent :D

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

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Given whats happened over CI of late and their intention to apply for strike out should I pursue that portion of my claim, I decided to go for the 8% and phoned them this morning. Guess what, "oh there should have been a form with the letter, I'll tell them upstairs", another delaying tactic me thinks. Anyway I've written them "Strictly Without Prejudice, Confidential and Privileged" (if I can't say they offered to settle, they can't say I offered to accept) a letter to complain and making it unclear if I will now settle; it also includes a notification of my intention to claim costs and asking them to pay them with the settlement rather than be taken to court again. I hope this will give the court time to issue the judgement and we'll have a new ball game.

 

~S~

Griffin

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

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They are just difficult and unhelpful on the phone, need to stick to written communications.

 

They are very unlikely to pay your costs (except court and AQ fee) without a court order.

 

You say that you hope this will give the court time to issue judgement and you will have a whole different ball game. I am not sure what you mean by this, but if the court issue judgement (that in any event you have to apply for) then it will not be the sum you have accepted, it will include CI.

 

Potentially you could be left in a position whereby you have accepted a SI offer and judgement including CI.

 

I stand my previous advice of seeking a strike out of their claim and applying for judgement in full. That will be the quickest, more certain and more financially beneficial conclusion for you. Anyway I think this is academic now as you seem to have accepted the offer including SI.

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

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I'm happy with charges + 8%, after all thats what I set out to get:) Anything else would have been a bonus and of course it would have made me happier.

 

I think the recent ruling on CI and their intention to contest that part of my claim would only have drawn things out further. And I get the feeling they would have won on that one.

 

Maybe goin for CI has prompted them to settle sooner.

 

Anyway, I'm a happy bunny with a few quid I didn't have before.

 

If they get round to paying up I'll be sure and post. Meanwhile its sit and wait I think.

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

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just thought to check my account. They dropped the money in on18/06/07.

 

Thats it, I'm done :)

 

Where's the link for donations??

 

~S~

Griffin

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

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Found it :D

 

~S~

Griffin

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

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How much ;-)

 

~S~

Griffin

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

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BIG CONGRATULATIONS!!!!!

 

& WELL DONE!!!!! :grin: :grin: :grin: :grin:

 

 

Glad you got what you wanted and the waiting is now over for you...

 

and many thanks for an entertaining thread my friend

 

 

 

Innocent :D

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

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Good work Griffin, congratulations!!!:D

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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