Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

Phil v TSB


j63flg
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6320 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello all,

 

Can I re-confirm that the fees/charges I can claim are the following:-

 

Returned DD £30

Returned SO £30

 

This is because I had sent the first letter to the bank outlinning my concerns and the charges I want cancelled since 2003(yout template)

 

I have had a response today, which effectivley states they do not agree with the OFT decision on c/c defaults and they pointed out that what I am claiming for are standard fees set out from the begining.

 

The bank in question is Lloyds TSB . Brief history is I have an account which went over the agreed overdraft limit and I have been charged frequently £30 upto £150 in charges (including £67 for a returned dd of £7!). I am unsure whether this is just their flannel or if I am correct in persuing for the £1500 i collated.

 

I am happy to post the bank's repsonse if needed.

 

Thanksa alot

Lloyds TSB Prelim sent 21/10/06

bog off response 06/11/06

LBA sent 17/11/06 (resent 11/11/06)

Offer refused 18/12/06

Court Aq rev'd 15/01/07

Settled 16/04/07 £2154

Northern Rock S.A.R - (Subject Access Request) issued 17/11/06

Halifax c/c S.A.R - (Subject Access Request) issued 17/11/06

Prem letter sent 02/01/07

Settled 7/04/07 £1124

Link to post
Share on other sites

It's flannel, keep going.

 

Send the next letter, you're doing it all right.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

Link to post
Share on other sites

Hi,

 

Thanks for your say. I've printed the second response, will keep you updated.

Lloyds TSB Prelim sent 21/10/06

bog off response 06/11/06

LBA sent 17/11/06 (resent 11/11/06)

Offer refused 18/12/06

Court Aq rev'd 15/01/07

Settled 16/04/07 £2154

Northern Rock S.A.R - (Subject Access Request) issued 17/11/06

Halifax c/c S.A.R - (Subject Access Request) issued 17/11/06

Prem letter sent 02/01/07

Settled 7/04/07 £1124

Link to post
Share on other sites

The template letters are just that, templates, as long as the basic format of the letter remains intact, you may edit certain parts to fit any response you may or may not receive from the bank.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

Link to post
Share on other sites

Well,

 

I gave up work to become a 'mature student' (just!) and help save peoples lives in hospital. "you get discount on your council tax and free childcare" I was told.

No chance, "Becuase you left full time employment you don't meet the criteria for childcare tax", "Sorry because you have two people earning f/t you don't get discount on c/tax", "oh and by the way because your child becomes 4 you loose £200 per month in dependants allowance".. and you still have to work 37hrs and study in the evenings

 

I may be skint , splattered in sick and blood some days but, I take my hat off to freebird and many other threads on here!

 

Keep going and keep laughing

Lloyds TSB Prelim sent 21/10/06

bog off response 06/11/06

LBA sent 17/11/06 (resent 11/11/06)

Offer refused 18/12/06

Court Aq rev'd 15/01/07

Settled 16/04/07 £2154

Northern Rock S.A.R - (Subject Access Request) issued 17/11/06

Halifax c/c S.A.R - (Subject Access Request) issued 17/11/06

Prem letter sent 02/01/07

Settled 7/04/07 £1124

Link to post
Share on other sites

  • 4 weeks later...

well, would you believe it, sent the LBA to LloydsTSB registered post and it never arrived! Resent today at a cost of £4.20. lets hope they forget to respond in between their crimbo parties!!;)

Lloyds TSB Prelim sent 21/10/06

bog off response 06/11/06

LBA sent 17/11/06 (resent 11/11/06)

Offer refused 18/12/06

Court Aq rev'd 15/01/07

Settled 16/04/07 £2154

Northern Rock S.A.R - (Subject Access Request) issued 17/11/06

Halifax c/c S.A.R - (Subject Access Request) issued 17/11/06

Prem letter sent 02/01/07

Settled 7/04/07 £1124

Link to post
Share on other sites

  • 4 weeks later...

Hi,

First apologies for posting this a a seperate thread.

 

I was offered a part settlement on the 19th by letter, however this was too late for me to respond before the 14 day LBA deadline (christmas post and that). I did my MCOL claim and on the 28th Dec - the same day I completed my claim with MCOL I was credited with a part settlement. In my MCOL I requestedpayment of the full amount, however as the TSB have paid almost half - Do I need to ammend my claim or inform the court??

 

Help much appreciated pleaseconfused.gif

Lloyds TSB Prelim sent 21/10/06

bog off response 06/11/06

LBA sent 17/11/06 (resent 11/11/06)

Offer refused 18/12/06

Court Aq rev'd 15/01/07

Settled 16/04/07 £2154

Northern Rock S.A.R - (Subject Access Request) issued 17/11/06

Halifax c/c S.A.R - (Subject Access Request) issued 17/11/06

Prem letter sent 02/01/07

Settled 7/04/07 £1124

Link to post
Share on other sites

No, just write to Lloyds refusing their part settlement. There is a template letter for doing this in the library. It's irrelevant that they have already paid it, you never agreed to it so it's their problem if they want to pay it anyway. Just remember not to spend it ;)

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

Link to post
Share on other sites

Just remember not to spend it ;)

Um. What happens if you spent some of it. (Like my boyf who got refunded £750 on 29th Dec, only to get charged £90, plus we were going to use thier kind donation to fund our joint, my solo and the rest of his solo claims with the court fees)

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

Well that may look like you have accepted the offer, but then you haven't signed anything to that effect. If it was me (and this is just what I would do personally) I would be inclined to continue with the claim as normal. If the bank complain that they have repaid the money I would ask them to produce the document I signed agreeing to that. I would be interested to see what they did next. Effectively they have paid money into your account with no terms agreed...

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

Link to post
Share on other sites

Well that may look like you have accepted the offer, but then you haven't signed anything to that effect. If it was me (and this is just what I would do personally) I would be inclined to continue with the claim as normal. If the bank complain that they have repaid the money I would ask them to produce the document I signed agreeing to that. I would be interested to see what they did next. Effectively they have paid money into your account with no terms agreed...

Phew!! My boyf was is sending a letter anyway, and still proceed with small claims.

 

But, it seems like there are a few people with £750 refunded (not me unfortunatly :( ) what if LTSB have something up thier sleeve, where if they dump the money in your account and you touch it, that means youve accepted it? Or do you reckon that LTSB are just giving this cash back in the hope we will accept it and not pursue it any further?

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

What if LTSB have something up thier sleeve, where if they dump the money in your account and you touch it, that means youve accepted it? Or do you reckon that LTSB are just giving this cash back in the hope we will accept it and not pursue it any further?

 

Well they cant say you've accepted it without proof, and that proof would be a signed document. I would guess they are just hoping that people will give up more readily if they actually have some cash there and then.

 

Like I say though I would be interested to see what they would say if you just took all the money and proceeded as normal! Some of the people they have paid in this way havent even had a letter explaining it, let alone signed anything.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

Link to post
Share on other sites

I've got this from another posting,

 

Sechiari Clark & Mitchell of Department SO, PO Box 499, Upper Ground Floor, 1 - 5 Queens Road Quadrant, Brighton, East Sussex, BN1 3XJ

 

I have recently done my MCOL and need to send a copy of charges to them, si this the correct one or are there others?

 

Cheers:)

Lloyds TSB Prelim sent 21/10/06

bog off response 06/11/06

LBA sent 17/11/06 (resent 11/11/06)

Offer refused 18/12/06

Court Aq rev'd 15/01/07

Settled 16/04/07 £2154

Northern Rock S.A.R - (Subject Access Request) issued 17/11/06

Halifax c/c S.A.R - (Subject Access Request) issued 17/11/06

Prem letter sent 02/01/07

Settled 7/04/07 £1124

Link to post
Share on other sites

That's the exact address I've got for them.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...