Jump to content


  • Tweets

  • Posts

  • 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
      • 160 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

zeus v lloyds - won (for all those sick of lloyds dragging their feet)


zeusspandex
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6124 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

Won today, settlement letter from SCM.

 

After sending my AQ to the courts i got a letter from SCM requesting a copy. Me being poorly organised had not made a copy so sent them a letter as follows... (excuse the poor english) This resulted in receiving a full settlement before any further dabbling with court related processes. One must also note that a got this letter within the 14 days that i asked of them. This maybe a way of getting around lloyds dragging their feet too much and anyone feel free to use this obviously scrubbing it up with finer english.

 

Sechiari, Clark & Mitchell

Department SO

PO Box 499

Lower Ground Floor

1-5 Queens Road Quadrant

Brighton

BN1 3XJ

Your ref: ******

Dear Sir/Madam

In the Nottingham Court

Me –v- Lloyds TSB Bank plc

Claim Number: *******

Thank you for the copy of the defendants Allocation Questionnaire which was received Saturday 23rd December 2006. Firstly I would like to apologise that the claimants (myself) Allocation Questionnaire was sent to the aforementioned court last week without a copy being made. I would like to ensure you that the claimant Allocation Questionnaire does not conflict with your own and that each section was answered identically with the exception of Section D where it stated that no other witnesses would be called.

If this is an issue with yourselves then I as the claimant will be happy to request Nottingham Court for a copy of my completed Allocation Questionnaire which will be sent on to you. Of course as it is not a legal necessity for you to receive a copy of my Allocation Questionnaire then any costs incurred by myself will be included in my final claim. Additionally, as the Allocation Questionnaire has already been send to Nottingham Court, a request will not result in a delay of the final hearing.

As this will be my final correspondence with yourselves, I would like this opportunity to offer you a chance to settle the claim before the hearing. This has already been a lengthy and drawn out process and I my preference would be for this to end sooner rather than later and before a hearing, this I am sure you also feel. If you agree with this then feel free to either contact me via written correspondence or contact me directly on: *********.

I will assume however that if I do not receive any further contact from you with the offer of a settlement within the next 14 days then your opinion differs. I am perfectly willing to carry this through to court, and if I receive no further contact from you then I will look forward to meeting you on the Hearing date.

Yours Sincerely,

Me

Link to post
Share on other sites

Thanks for that. I wonder if because your claim was less than the current trend of them giving claimants £750 that they settled earlier than usual?

 

Not that it matters in your case - well done again

 

regards

 

Paula

Link to post
Share on other sites

  • 3 weeks later...

I was interested to read about your success. I have sent my first letter to Lloyds TSB and have had a reply asking if I would like my bank to forward my complaint to the ombudsman. Did you do this? Is this the norm? Or are Lloyds just dragging their feet?

Link to post
Share on other sites

Hi Bensam

The letter you received from Lloyds is just the standard reply. You should give them 14 days and then send the Letter Before Action to them. Don't bother complaining to the Ombudsman, you'd be waiting for ever for them to sort it out.

You should also start up your own thread, where we can give you any advise and support if you need it.

Good luck!

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:)

Link to post
Share on other sites

All these people getting settlements or offers of £750 makes me wonder why they've missed me out when my claim is only £233. [problem] seem to be dragging this out as long as possible :(

 

I want my money!! :D

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

Link to post
Share on other sites

Dave...

 

What stage are you at? If you have entered your claim and are at the stage of sending back your AQ then try my letter and somthing similar. that is what i did and heard from them within the 14 days i requested with a settlement.

Link to post
Share on other sites

I'm waiting for the court to strike out their claim against me and enter into judgement on my counterclaim as lloyds did not return the AQ when ordered to by the court.

 

I've sent [problem] a letter today details of which are in my thread

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

Link to post
Share on other sites

  • 1 month later...

I did all the right things with Lloyds TSB. Sent letters etc, then the final one threatening court action. I gave them 2 weeks to respond. They didnt, so after about 3 weeks, I went to the court and began proceeding:D. Before the summons had been issued they paid £725 into my bank account without any consultation. I wrote to them again and informed them that this was not satisfactory and if they paid the other £176 I would cancel the proceedings. They didn't, so the summons was served on them on 3rd of March.:) I am just waiting now to see what happens next. Thanks for all the help I got from this site.

Link to post
Share on other sites

Hi I have sent my LBA to my high street Lloyds branch, should i have sent it to there trading address? who shall i send my claim to for future reference?

 

Hi

They should pass it on to the relevant department. If you have sent your LBA, the next step in the Court claim, you should use their Registered Office for that:

Lloyds TSB Bank plc

25 Gresham Street,

London,

EC2V 7HN.

Have you got your own thread? If not you should start one up and ask any questions on there.

Good luck!

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:)

Link to post
Share on other sites

  • 3 weeks later...

Please help, i'm at the stage where I'd sent in the Allocation questionnaire & I've got back at reply from Lloyds TSB solicitors saying they'll put what i'd claimed for into my account. Do i agree to this or wait for the court date? and do i get my court fees back? £220. missmarcy

Link to post
Share on other sites

You are in a more advanced stage than me, but i would still hold out for the court date until the money is in your bank, they could always change there mind and apply delay tactics, for your court fees you should have included that in your claim, so if they are only giving you your charges back you could go to court to claim your court fees, please be aware iam new to this too, i would check with someone with more experience like BARTY, Good luck

Link to post
Share on other sites

Please help, i'm at the stage where I'd sent in the Allocation questionnaire & I've got back at reply from Lloyds TSB solicitors saying they'll put what i'd claimed for into my account. Do i agree to this or wait for the court date? and do i get my court fees back? £220. missmarcy

 

Hi

If they are offering back what you are claiming, you have to accept it. Make sure the Court fees and Allocation Fees are also in the settlement.

If you need any more help, please start up your own thread.

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:)

Link to post
Share on other sites

I did all the right things with Lloyds TSB. Sent letters etc, then the final one threatening court action. I gave them 2 weeks to respond. They didnt, so after about 3 weeks, I went to the court and began proceeding:D. Before the summons had been issued they paid £725 into my bank account without any consultation. I wrote to them again and informed them that this was not satisfactory and if they paid the other £176 I would cancel the proceedings. They didn't, so the summons was served on them on 3rd of March.:) I am just waiting now to see what happens next. Thanks for all the help I got from this site.

I have just received a letter telling me that lloyds are going to deposit £750 in my account without my permission, i am just waiting for the court date and have claimed £3000 back what should i do next?

thanks

Link to post
Share on other sites

They have in effect partially settled your claim. So thank them for the payment, you accept as a partial claim but are continuing with your legal claim, and will only consider the claim settled on payment of the full amount ( itemize charge + plus interest +plus court costs) and NOTHING less. Proceed with your action.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

Link to post
Share on other sites

Thanks all of you, i am in the process of claiming from Lloyds and got the first letter acknowledging my complaint and a letter dated same day saying the charges were agreed fees etc, worried me a bit, but from all your info looks like i just need to proceed to the next stage so i will send the next letter now as 14 days is up!

Link to post
Share on other sites

  • 3 weeks later...

Hi

 

I have read the above and wonder if anyone can give me some advice. LloydsTSB owe us £5.037 in bank charges since Nov 02. Have sent letters on 26 Mar, 11 Apr and the final one threatening court action on 30 Apr, giving them 7 days. Having heard nothing can you advise what to do next. Many thanks Marnie

Link to post
Share on other sites

You will have to make a legal claim. They do not just pay up these amounts without a legal claim. You may consider reducing your claim below 5K.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

Link to post
Share on other sites

  • 2 weeks later...
Thanks for that. I wonder if because your claim was less than the current trend of them giving claimants £750 that they settled earlier than usual?

 

Hi Paula

I was given the £750 but I have wrote back to say thanks but no thanks but I 'll take it as part of my claim of £2225, they have now defended my claim on the 14th day - Now I am scared - what shall I do?

Thanks, Lianne

Link to post
Share on other sites

I have now issued a claim against Lloyds who have at the last minute filed their acknowledgement of service giving them 28 days to respond. I have prepared as much as possible a bundle of documents as I expect now they have won!! a case they will defend - however I am missing the terms and conditions and now that this is now going to be an important document - has anyone got to this stage or have any ideas - you seemed to have got far any tatics would be appreciated

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...