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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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mmissy v lloyds


mmissy
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Hello :)

 

I sent the request for refund on 18.12.06

 

Received the "no" letter back from Lloyds 27.12.06

 

Im now today sending off the LBA letter, but I have a question, sorry Ive read through the site but still not sure so thought best to ask ..... in the template letter it starts:

 

"I am very disappointed that you have failed to respond to my letter"

 

They did respond to me by replying so do I need to put something else?

 

Sorry to sound a complete plonker if I am?

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Just change it to

"I am very dissapointed that you have failed to respond positively to my letter"

good luck

 

PS: Brian's response also perfectly good.

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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  • 3 weeks later...

I sent my LBA to Lloyds on 08.01.2007 giving them 14 days to pay but as of today I still have not had a reply from them so it seems I am having to go down the county court claim route.

 

I am claiming £1831.50 in charges and now adding on the 8% interest which is £435.89 (according to the spreadsheet) Total £2267.39

 

Will keep this thread updated as I go along.

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Ive printed off 3 copies of the ounty court claim form along with schedule of charges and particulars of claim etc ..... I keep one copy here with me and send the other two off, so do I send one to LLoyds and one to the Courts?

 

I know its simple but the more I read about it the more confused Im getting myself .... now Im doubting what I need to do and need to check with you lovely peeps .... argh!!

 

Edit to add this: Do I also need to send copies of the prelim letter and lba to the court so they can see I have tried to claim the money off Lloyds? :confused:

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Ive printed off 3 copies of the ounty court claim form along with schedule of charges and particulars of claim etc ..... I keep one copy here with me and send the other two off, so do I send one to LLoyds and one to the Courts?

 

I know its simple but the more I read about it the more confused Im getting myself .... now Im doubting what I need to do and need to check with you lovely peeps .... argh!!

 

Edit to add this: Do I also need to send copies of the prelim letter and lba to the court so they can see I have tried to claim the money off Lloyds? :confused:

 

You need to either hand in the three copies to the court in person or send in the three copies to the court. The court has to stamp it etc. and they then send it out to you and the bank themselves. If you can, I think it would be better to hand deliver it - just to be sure that you've included everything.

 

You don't need to include prelim and LBAs. Just the N1 form, particulars of claim and up to date schedule of charges + schedule showing interest.

 

Good luck. 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]

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Thanks Lucid, it makes sense now ..... I was sat here with my 3 copies earlier with everything planned in my head, but then somehow talked myself out of all 3 going to the courts :roll:

 

I will hand deliver them tomorrow and see what happens from there?

 

Thanks again!!

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  • 2 weeks later...

Welll I filled out all the county claim forms and got everything ready to take to the courts ...... but then came down with flu so didnt get chance to get down there last week. Woke up today feeling better and planned on going this afternoon to hand over the paperwork until I opened the post and had a letter off Lloyds saying that they will be putting £750 into my account as settlement :eek::)

 

I had sent the lba off a few weeks ago and was not expecting this at all as they were 3 weeks over the 14 days I originally gave them and I hadnt heard a thing till now. I realy thought I was going to have to go down the cc claim route ..... this was a nice suprise this morning.

 

So I can now put the claim in the bin and go down the route of accepting the £750 as part settlement only and will chase them for the remainder now.

 

Will keep my thread updated as I progress and of course will make a donation to here once sorted. ;)

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