Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Tiz Wurse Den Wonga... Mai Hert Iz Bruken       
    • Hi all, the company have just called me and offer me £500 to get myself a sat-nav...   So if admin team want to scratch this topic from the record, please feel free...   If not then thank you anyway 😃
    • use our search top right as you should be ... Lowell claimform   dx
    • Well I don't really want to go to court but I will go all the way no point in giving up now!!!
    • Hey everyone, I am hoping I can get some guidance with a car I recently purchased.   I have been looking around for a newer car and thought I would check out those internet car seller folks.   I found a car I liked and the description said it had all the things I wanted, so I paid the deposit, applied for finance, which I got, and opted for a PCP contract, paid my deposit and got my order confirmed. The car was delivered on Monday 1st June. First I must say that overall I am really very happy with the car, it is almost exactly what I wanted, I am delighted with the general condition, the way it drives and would not be too keen on letting it go if I have no need to do so.   So, the first thing, it was just under 700 miles over the quoted mileage, and I know that's not a lot. Still, that's not the point, the number is excessive, considering the place it came from is only about 200 miles from me. I have spoken to them about the mileage. They said it was a clerical error, which I do not believe, they have however agreed to refund me for 400 miles, which I decided to accept as I figured at least they have agreed to pay for just over half of the miles and did not want to be too unreasonable about it.   The second thing, and this is the one that is really the stumbling block. The cars headline said: 'FORD FIESTA HATCHBACK 1.0 EcoBoost 125 Titanium X Navigation 3dr'. Though the full advert is no longer visible, part of it still is, https://www.buyacar.co.uk/ford/fiesta/fiesta-hatchback/1-0-ecoboost-125-titanium-x-navigation-3dr-73955 and this is the car I bought.   So after checking it over upon delivery, and going around it with the delivery chap, all looked fine, and I decided a little drive was in order.   So off I went to put some fuel in, and while at the fuel station figured I would check out the sat-nav and this is where the problem is, there is no sat-nav. I checked the book, there is no slot for the navigation sd card, no button to turn on the nav, aka, no nav, none.   So I emailed them, and the response I got was: 'Thank you for your email, and I am sorry to hear you are not fully happy with your new purchase. This vehicle was not advertised with Sat Nav, so I am unsure where you feel you read the description you have provided?' ... ... 'In regards to the description of the vehicle, I have checked this on the order form, and the finance documents that were both sent to you and signed and the description of the vehicles reads as FORD FIESTA 1.0 TITANIUM X 3d 124 BHP hatchback.'   So I have pointed out the fact that there was not only a headline stating that the car was Navigation version but further, down the page, there was also a mention of it.   I also said to them, despite me signing said documents, I felt no need to recheck it because the wording navigation appeared several times in the advert which was enough for me to accept it was a version with navigation.   I also said, the order form nor the finance documents also make no mention of other stuff either like climate control, automatic folding mirrors, infact they do no mention any features, only that it is a FORD FIESTA 1.0 TITANIUM X 3d 124 BHP hatchback, so I have refused to accept this as an excuse and an attempt to lay the blame for this mistake at my feet. I honestly thought I was purchasing a car with sat-nav, based on the information provided by them.   I am awaiting a call from them but they have so far today failed to get in touch so figure I would use this waiting time to ask some of the more experienced members about their thoughts on where I stand with this.   Am I in a position for example to ask that they fit sat-nav? If they ask for the car back and put me in a position with no car again how does this work out? Am I flogging a dead horse?   Any advice please would be very much appreciate.   Thanks all.
  • Our picks

Geek

Geek vs Loyds TSB

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4856 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello all,

 

Just my humble account of my attempts to reclaim the charges against my account!

 

I started it all with my first letter on the 2nd December 2006. This was requesting just under £1400 in charges.

 

The bank responded with a letter stating that they were sorry I was unhappy, but that they did not believe that the charges were unlawful. They stated that they were not willing to repay any of these charges back.

 

My second letter was sent on the 13th December (just after receiving their letter). In this letter I stated that I was disappointed with them, but that I was going to start court proceedings within 14 days. I stated that I was going to claim statutory interest in court, but that I would allow 14 days for Without prejudice settlement in full of all charges (without interest).

 

I filed a claim on the moneyclaim.gov.uk site last night (2nd January 2007)... :)

 

Today (3rd Jan 2007) I received Lloyds' "Final Response". This was a statement that they accept no liability, that it was all my fault, that I was being unreasonable etc. etc. Bottom line was that they do not usually adjust charges, but that they are prepared in this instance to reduce the charges by repaying £750 to my account as a gesture of goodwill.

They (again) stated that they do not consider that they have any legal obligation to do so.

 

Further to this...

 

I have checked my account and they have already paid this money into my account. What position does this put me in?

 

Should I just leave this money in the account untouched? (The account is not used now).

Should I send them a letter to state that I do not accept this as a full settlement? Or should I just leave it as it has already been filed with the court system?

 

I certainly do not wish to accept this now - particularly after paying £120.00 in court fees to file my claim!

 

Any advice welcome!

Share this post


Link to post
Share on other sites

I am close to the same timeline as you. I received that kind of letter and sum just before Christmas. It seems to be their new thing.

 

It is not couched as an offer therefore not capable of acceptance in full and final settlement. Some people have taken the view that it is necessary to reject the 'offer' formally and say that your will be continuing with your claim, but will take the sum as part payment, but I do not think this is necessary.

 

To be on the safe side you can just write to them thanking them for the sum and saying that you will take it in partial settlement of your claim and you are continuing to pursue the balance under in x county court under claim reference xxx.

 

Just carry on with your claim regardless, donate some of the money to CAG and spend the rest.


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

Share this post


Link to post
Share on other sites

Well, I have just received the letter from the Courts to inform me that Lloyds intend to defend my claim.

 

They have returned the Acknowledgment of Service form, which appears to mean that they get a further 14 days (to a total of 28 ), on top of the initial 14 days.

 

Need to work out what (if anything) I need to do now...

Share this post


Link to post
Share on other sites

You do not have to do anything for now, all is progressing normally.

 

Next stage is completion of Allocation Questionnaire, the courts will forward this to you with the defence in a few weeks. In the meantime you would be wise to read here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-8.html#post481560

 

The new strategy should help speed up settlement.


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

Share this post


Link to post
Share on other sites

GuidoT,

 

Thanks, do I not need to complete a court bundle now? I am just reading through FAQ again to work it all out...

Share this post


Link to post
Share on other sites

No need for court bundle yet, one step at a time. Keep going through the FAQs, it all sinks in eventually. It helps to read other successful threads to place the FAQs in context.

 

Recently, I have seen a claim settle just after AQ as the new strategy was adopted. There is a possibility that by the time you get around to court that Lloyds' strategy will have changed.


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

Share this post


Link to post
Share on other sites

Thanks again, I am currently reading through it all!

Share this post


Link to post
Share on other sites

Well, I just want to say a big THANK YOU! to all at CAG for this site and all the advice within...

 

I have today received a letter (the day my CAQ should be in), from Sechiari, Clark and Mitchell (representitives of Lloyds TSB). This is below:

 

Address, references etc omitted ...
:)

 

We refer to the above matter and can confirm that our Client will be settling the above claim by crediting your Bank Account within the next three working days [it is already in there - I checked]. You are advised at this stage that by our Client metting your Claim on this occasion, this is not to be treated in any way as an admission of liability. This is merely an attempt to resolve the matter amicably between the parties concerned. [How very reasonable of them!]

 

We therefore trust you shall write to the Court to confirm that the claim has been settled once the funds have been received and provide this office with a copy of the letter for our Client's records.

 

Yours faithfully

 

Sechiari, Clark & Mitchell.

 

On checking my account, they have paid all of my fees (and statutory interest) that I was claiming, plus all of the court fees (£120 for initial fees and £100 for the CAQ).

 

Thanks again for all the advice on this site - and for the advice given directly to me! I certainly intend to try and repay this by paying some of my winnings to the CAG...

 

And remember everyone... Just hold tight!

 

Geek.

Share this post


Link to post
Share on other sites

Thanks Guido.

 

I was going to look into that today...

 

I did 3, 5 and 6 last night (6 particulary being the reason I had not searched all that hard for instructions on closing the thread)!

 

I paid the entire amount (after my donation to the site) to pay off other debts already - so start today considerably less weighed down... :)

 

Thanks again for all the advice!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...