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
      • 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

joa v LloydsTsb ** WON **


Joa
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1895 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

The money will be very useful; I am a single parent and one of my children is disabled. I work full time and study for a degree. I volunteer in a welfare organisation and break my back to provide. Guess if I have anything to show for it? Go on, guess...

There is a lot of cold fury in my heart about the penalty charges; not only they are unlawful, but they are stuff what someone should fry in hell for. For making my children eat inferior food, wear inferior shoes, be satisfied with one cinema outing every few months and so on and on...all because each month for years I was wallopped with shareholders' delight....profit making charges. Each month I was trying to catch up with 25 quid here, 35 there...like a mad, foaming dog, chasing it's tail. Fatwa on greedy financiers, their fat wallets and immoral hearts.

 

Phew, that's out, we can go back to the systematic, continuos, bloodyminded fight for fair banking.

And yes, my deepest gratitude to all of you who've helped and the donation is on it's way.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

The money will be very useful; I am a single parent and one of my children is disabled. I work full time and study for a degree. I volunteer in a welfare organisation and break my back to provide. Guess if I have anything to show for it? Go on, guess...

There is a lot of cold fury in my heart about the penalty charges; not only they are unlawful, but they are stuff what someone should fry in hell for. For making my children eat inferior food, wear inferior shoes, be satisfied with one cinema outing every few months and so on and on...all because each month for years I was wallopped with shareholders' delight....profit making charges. Each month I was trying to catch up with 25 quid here, 35 there...like a mad, foaming dog, chasing it's tail. Fatwa on greedy financiers, their fat wallets and immoral hearts.

 

Phew, that's out, we can go back to the systematic, continuos, bloodyminded fight for fair banking.

And yes, my deepest gratitude to all of you who've helped and the donation is on it's way.

And it is for these reasons that everyone of us put so many hours in to help people.They are taking it off the people who can least afford it to pay their shareholders .It makes us all so angry but we all get so much when someone informs us they have had their money back so PLEASE keep telling us :grin:

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

CONGRATULATIONS

 

Can I please ask you to take a minute to fill in our survey

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

mm37.gif

 

 

Well done, Joa. Very pleased for you.

 

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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

LOOK! Free CAG Toolbar.

Follow link for more information.

 

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

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

Ma'm, I am so poor I even got no thread on my own, :(

Joking apart, I know what you mean, so if you want to split it and transfer to Lloyds' section, please do so.

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Hi Joa,

 

I think Ma'm was scolding those of us that said well done etc.

 

Don't YOU worry about a thing !!

 

If it's gonna be moved then hey I'm sorry too Ma'm. From a scouser too !!

 

 

Paul

Link to post
Share on other sites

:o I wasn't scolding anyone :( just asked if the CONGRATULATIONS could be put in Joas thread PLEASE :D

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

:o I wasn't scolding anyone :( just asked if the CONGRATULATIONS could be put in Joas thread PLEASE :D

 

 

Funny I thought the same.........I always associate scalding to when we knocked our tea over as Kids.......

 

 

:lol:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Amazing result and again a credit to all those working hard behind the scenes.

And of course when results like this happen it gives good mapwork to address future scenarios.

Well done to all who were responsible.

 

;)

 

Congrats! Excellent news.

 

Stick it to the grasping money lenders

Link to post
Share on other sites

Big congrats Joa :D

 

Just hoping Lloyds pull their finger out and put my money back into my account some time soon - bit of heel dragging going on :(

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

:-D :-D :-D CONGRATS Joa, been following your case through the general section, SO pleased for you, I related heavily to your post about the struggle to provide for our children through the banks greed and I couldnt be happier for you..first thing i did when my payment was made was go out and buy my kids uniforms and GOOD shoes and GOOD trainers for next September so for once they dont have to look like they get everything seconhand..the rest just paid off my bills but god what a relief that was to do, Im sure you'll get the same sense of satisfaction when you do the same..:-D WELL DONE

12th May DPA sent to Natwest

17th May pre-lim sent £1241

26th May Full refund offered

27th May Accepted!!

on with next....

Link to post
Share on other sites

Thank you guys. reload; I recognise the heel dragging! In my case the solicitors kept within various deadlines- but just!

Determined-to-win; what can I say....the money was in my account yesterday at 5.30pm. By 5.45pm I took a note pad out and had all the money allocated, hahaha, and 90% of the allocation had something to do with the kids!

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Well done Joa, congratulations. Been watching the other thread (the one about the stay), and I expect you will be so relieved that your case is over.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

Link to post
Share on other sites

Well Done joa,

Make sure however that once you have treated your kids to all they want and need, you put some aside for YOU.

Treat yourself and dont feel guilty about it, just ENJOY it.

Good Luck.

Link to post
Share on other sites

Congrats

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

Link to post
Share on other sites

I am very lucky to have been helped and guided by members and moderators from this site. That's why I made a large donation and wanted to ask everyone to do so too, as soon as they get their refunds. Apparently the donations are not as high as they could be....and I must say that I too could have had different plans for this dosh, but then I thought: I would need to find a solicitor who would know about these matters. That would be tough in itself. He would charge me loads, no chances for legal aid here. He would charge for every single letter, piece of advice, phonecall, spreadsheet, application form and a lunch with his secretary. He would take ages because I am not his only client. He would not answer my queries at midnight, like some of you did here. He even might have dragged it on because time is money. It's a pure guess, but I reckon couple of hundred pounds easy, maybe a grand.

So pay up folks :)

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

please allow my ignorance and sheer torror.

ok so I sent off for statement of charges to TSB.

Sent off initial letter requesting payment in full

Standard letter back from TSB saying they're unable to aggree with re payment and enclosed leaflet for complaints.

I've prepared 2nd letter as per your template.

At this stage, I do want to pursue it but I'm so nervous.

Figures arn't my strength, you are all so sound and know exactly what you're talking about, talking re interest etc.

All I've done is add up all the charges and total it.

Do I just photocopy the charges as per the statement, to show in court?

I so desperately need this payment and I'm proving a point that they've left me many a Monday morning, after my income support goes in, with nothing to live on mainly because of their charges being deducted and even bloody Christmas, on my own with my kids, the youngest of whom is disabled, they know I'm a full time Carer and have no other income but even when I begged, they wouldn't let me have a penny, so I'm desperate to see this through some how.

Cheers, Freebird

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

Link to post
Share on other sites

OMG, it's late and I'm tired ( fighting in mainstream school at present for my little'un )but again forgive me please for not saying well done Joa and WTG....... I've just read back posts and our circumstances are so alike ! Wow, did I missread it or are you a Scouser too ?

 

kind regards, Freebird x

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

Link to post
Share on other sites

Hi Freebird, and welcome to the club - before you'll know it you'll be bantering over interest with the rest of us :D

 

First of all, you'd be best off starting your own thread with the subject "freebird Vs Lloyds" or similar, so both you and we can keep track of your progress.

 

Bank horror stories like yours are unfortunately not unique - but at least this website allows us to voice the pain we've all been put through by the banks in a friendly environment with others who have suffered the same problem. If you need help or support in this process, you'll find it here.

 

In terms of the charges - you can certainly photocopy the statements with the charges you're claiming for, however there's a spreadsheet available here which also calculates the statutory section 69 County Courts Act 8% you are additionally entitled to when filing a claim with the Small Claims Court.

 

Note that you only claim the additional 8% when you actually file the claim - not in any letters to the Bank beforehand.

 

Don't be nervous. We are perfectly within our rights to reclaim these unlawful penalties. In addition, I will mention that I don't believe Lloyds have actually allowed one single penalty charge case to reach the Small Claims Court to this day.

 

Now, get that Letter Before Action sent :D

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

No :)

I am not a scouser, I am Polish (stubborn like a scouser, I am told).

As for the rest of the post; not many of us at all have any kind of legal background. Most of us are learning on the go. Templates here are very good and the interest spreadsheet (which needs to be used ONLY at the stage when you are actually filing the claim) calculates the interest automatically for you.

Please do not worry, we are all on the same boat.

The principle is that of openness; if you are arguing your point, you have to back it up with evidence and part of it are your bank statements with charges highlighted.

Have a look again at the library section and the FAQ section to reassure yourself that you are taking the steps in a right order; first letter, second letter, letter before action, court claim. Always keep copies of everything you send for yourself. Manage your expectations; it may take couple of months, so do not count on your money being refunded too quickly. If refund offered at an earlier stage, it will be a nice surprise.

With regards to your benefit being swallowed by charges I suggest you remove everything from your account that can generate your charges; direct debits, standing orders etc. If it’s not possible, open another account to receive your Income Support and transfer some money to the account from where payments are made when necessary. Find your local welfare agency (CAB etc) and apply for Social Fund- a lone parent with a disabled child should be a priority. Find out if you can apply for help at EDF Energy Trust

Finally, have a look at the following thread: http://www.consumeractiongroup.co.uk/forum/general/5478-can-they-really-do.html

 

GOOD LUCK :)

  • Haha 1

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Cheers friends, it's nice to know I'm with like minded people who want to help each other out. In this cynical world, it's a relief to find a community such as this one.

I'm just looking how to start my own thread and then I'll let you know where I'm up to.

Thanks

Freebird x

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

Link to post
Share on other sites

  • 1 year later...

Hi All

 

A WIN!

 

Burnsies02-v-LloydsTSB

 

Just received letter from Sechiari, Clark and Mitchell acting for LloydsTSB confirming settlement of £4,634 inc costs a couple of days before scheduled court hearing.

 

Action started about 12-months ago, but well worth the wait and effort.

 

Thanks to everyone at CAG!

Link to post
Share on other sites

  • 11 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1895 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...