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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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SeeSaw Vs Lloyds ***WON***


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Hi All - we're just completing the schedule of charges to accompany our prelim letter. Can anyone confirm whether we can claim back an overdraft usage fee (£25) (not the fee charged for the service of having an overdraft, but a penalty fee charged when it is used and it is unauthorised). I can't find any reference to this in the threads or FAQ's.

 

Appreciate your help :confused:

Seesaw

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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as i understand it, you can claim it back if;

you can show that it is a penalty (for going over your agreed limit)

or if not;

you can show that had it not been for previous penalties you would otherwise have sufficient funds not to have incurred it.

 

the penalties tend to be the ones of about that amount but it used to say "excess". maybe the lawyers have told them to change the wording as it suggests its an unlawful penalty;)

Newacre

LoydsTSB - £4,158.82 inc interest @16%

SARS request - July 06

Prelim letter - 19 Sept

Letter back saying how devastated all the lads at Head Office were to hear... - 31 Oct 06

LBA sent - 8th Nov 06(had to send a 2nd as Royal mail lost it)

Summons reg at CC 15th Dec 06

Nice letter saying that they would be refunding £750, no strings! 18 Dec 06

SC&M acknowledged service and will be defending claim in full - 4 Jan 07

25 Jan 07 transferred to mercantile Court with about 50 others

06 Feb 07 SETTLED IN FULL! - £4466(includes a bit extra interest)

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  • 3 weeks later...

Thanks for the replies - much appreciated.

Just to let you know that we've moved on a bit with our claim and i'll be heading out to post our LBA tomorrow, having received a rubbish (and from what i can gather a very standard) response from lloyds! :sad:

I've used the LBA template and have added very little to it - it's pretty succinct! I've now got to try and read up on my next steps re: MCOL. Holiday reading!

I'll keep you all posted!

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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Brill - many thanks! :D

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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  • 2 weeks later...

Just after a little reassurance from the more experienced of you out there please!

We received the £750 offer today (4 days before the LBA specified deadline). Having read through similar threads we plan to send the Rejection of settlement offer letter and on the 18Jan07 claim for the following:

Total charges = £1615

+ 8% Interest = £277.31

Claim amount = £1892.31

- £750

Final claim amount = £1142.31

 

Is this correct? :roll:

We're also trying to decide whether to use MCOL or the N1 form - does anyone feel strongly for one or the other?

Thanks in advance for any answers/musings/anecdotes....

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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Total charges = £1615

+ 8% Interest = £277.31

Claim amount = £1892.31

- £750

Final claim amount = £1142.31

 

 

Unfortunately it doesn't work like that. If they have refunded monies before you have filed at court you cannot claim s69 8% interest on that amount. So you have to take off the £750 + the 8% relating to those charges.

 

If they send you a cheque, you can send it back and claim the whole lot, but if they credit your a/c you're basically left with the above.

 

N1 has the advantage of unlimited space for much fuller POC's and you can attach your schedule at the same time. MCOL is very convenient and you can follow progress on-line. Where possible I would use N!.

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Thanks for the prompt reply Michael - I'm glad that I checked!

As Lloyds have credited our account (without waiting for any aknowledgement) i will need to recalculate the claim.

How exactly do i do this? Can i still use the schedule of charges spreadsheet? If so, do i delete off £750 worth of the newest or oldest charges (obviously they have all amassed different amounts of interest depending on their age).

 

Maths was never my strong point unfortunately! :oops:

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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I've been searching around the site all night trying to find some answers to yet more questions about the £750 repayment but am mostly coming up blank (although i've absorbed an extreme amount of information to help in the next stages :) ).

 

I saw some advice stating that the £750 should be split between all charges e.g. 750/30 (no. of charges) = £25 which should be taken off each charge. The interest would then be calculated for me by the spreadsheet and can be claimed.

 

Is this the best way to handle the repayment?

Do i need to explain this all to the court somewhere and where is it best to do this? Send a 'before' and 'after' schedule of charges?

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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Thats fine then, thanks - i'm desperately trying to get everything right - it seems from the hundreds of threads on the go that Lloyds and their lawyers are getting more tricky as the days go by!

 

Should i just put a statement in the N1 about Lloyds repaying some of the charges hence their not being included in the schedule?

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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Should i just put a statement in the N1 about Lloyds repaying some of the charges hence their not being included in the schedule?

No need, they've paid you £750 of what they owed and you're filing a claim for what they still owe you. (Assuming you have actually received the £750.)

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Claim filed using the N1 direct to the county court - here we go!

I'm assuming that we have to be a little more on the ball with our dates as we're not using MCOL :rolleyes:

I'm keeping an eye on plenty of other threads just ahead of us - good luck to us all!

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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Just had an offer in full for £4700 plus legal costs from LLoyds this morning, just a few days before the Court Allocation deadline- which I had already sent back and paid the extra £100.

 

Obviously pleased to succeed, even though I was looking forward to my day in court. Interestingly, the bank lawyers still maintained that the legal basis was incorrect for my claim, but because of OFT discussions would not find going to court helpful, so will settle in full.

 

Should give you some confidence in going forward.

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  • 4 weeks later...

Really pleased to see so many people doing so well on the forum :smile:

 

We've just received our acknowledgement of service stating that Lloyds intend to defend all of the claim AND contest juristiction - i've not seen this mentioned on any other threads. Is this new?

Also the lawyers for Lloyds are Giffen Couch and Archer in Luton. No SC&M for us - maybe they're now too overwhelmed?!

 

Is this anything I should be worried about?

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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Just wanted to say that Lloyds paid up to me yesterday! so hope that inspires you to be confident. As for contesting jurisdiction, must admit that was not stated on my notice of "acknowledgement of service" ([problem]). But good luck, stick with it and you'll get lots of help here. :)

kind regards to all, maryt

------------

13/2/07 - full settlement from Lloyds TSB

14/2/07 - 5% (rounded up!) to CAG - THANKS!

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Really pleased to see so many people doing so well on the forum :smile:

 

We've just received our acknowledgement of service stating that Lloyds intend to defend all of the claim AND contest juristiction - i've not seen this mentioned on any other threads. Is this new?

Also the lawyers for Lloyds are Giffen Couch and Archer in Luton. No SC&M for us - maybe they're now too overwhelmed?!

 

Is this anything I should be worried about?

 

Hi

I have not read of this before or heard of the lawyers.

Anybody else???

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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This is most unusual, I have not heard of this occurring yet. It will be interesting to see on what basis they challenge the courts jurisdiction.

 

Lloyds must have a new strategy up their sleeve.

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

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Many thanks for the link Michael. I've had a read through - did the letter Martin3030 was referring to ever get drawn up?

The letter in post #1 contains most of the key points but if there is a revised edition I may aswell use that. It'll be interesting to see where they decide they want to move the cases to.

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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Well we received Lloyds defence today (10 days ahead of the deadline) and there was nothing surprising in it (the usual - charges are for banking services, cannot be a penalty without a breach of contract etc).

The defence was also served by SC&M in Brighton - don't know what happened to GC&A?!

 

Importantly there is no statement that refers to their intention (on the acknowledgement of service) to 'contest jurisdiction'. Would this be done separately to the defence document or have they made an error? If so how do i capitalise on it?

 

Looks like we're back on the same track as everyone else BUT if they've messed up by ticking their intention to contest jurisdiction and not following up on it i'd like to make them pay!! ;)

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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if they've messed up by ticking their intention to contest jurisdiction and not following up on it i'd like to make them pay!!

Not quite sure how you can do that.They're entitled to make the application if they want to. You could contest it and it wouldn't usually be granted, but it would cause delay to your claim
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It states on the acknowledgement of service (next to where they have ticked that they will contest jurisdiction) 'if you do not file an application to dispute the jurisdiction of the court within 14 days of the date of filing this acknowledgement of service it will be asumed that you accept the court's jurisdiction and judgement may be entered against you'

 

I was hoping that they may be looked on unfavourably for the blustering behaviour of ticking boxes willy nilly and causing me undue stress :)

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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