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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.
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      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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Speedo101 v LloydsTSB


speedo101
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Hi there

Lloyds have now decided to inform me about the money if a little belatedly and I am trying to make sure that my figures are correct when drafting my reply.

 

I have taken off the 750 from the newest charges by using the spreadsheet. When I am quoting the remainder that they must pay am I right in thinking that I need to have adjusted the daily interest rate to reflect their part payment. The daily rate that was quoted on my N1 was obviously for the entire amount that I was claiming and now should they choose to leave that money in my account that amount will be less so I assume that the interest will be less.

Thanks Speedo

[sIGPIC][/sIGPIC]

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Yes take the £750 off the most recent charges so that it minimises the reduction on your interest sum. Yes your daily sum will change too.

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  • 1 month later...

Hi there

I tried using the new strategy for AQ in my case against Lloyds and I have just received back my notice of allocation. The hearing has been set for the 10th May and at the bottom of the sheet it says

 

Parties to file and serve documents 14 days before the hearing

 

The original documents shall be brought to the hearing

 

Defendant do by 4.00pm 10 April 2007 file and serve:

 

1.an itemised statement showing how each and every item charged is calculated

2.a copy of the contract with the customer

3. skeleton legal arguments if points of law are to be argued relating to punitive and/or unfair contract terms.

 

Does this mean if they do not file these papers that i could ask the judge to strike out their defence?

 

Thanks Speedo

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Defendant do by 4.00pm 10 April 2007 file and serve:

 

1.an itemised statement showing how each and every item charged is calculated

 

Don't think I have seen this before (no doubt someone will correct me if i have missed something) - could be any interesting change of tact from the courts?

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Hi there

I tried using the new strategy for AQ in my case against Lloyds and I have just received back my notice of allocation. The hearing has been set for the 10th May and at the bottom of the sheet it says

 

Parties to file and serve documents 14 days before the hearing

 

The original documents shall be brought to the hearing

 

Defendant do by 4.00pm 10 April 2007 file and serve:

 

1.an itemised statement showing how each and every item charged is calculated

2.a copy of the contract with the customer

3. skeleton legal arguments if points of law are to be argued relating to punitive and/or unfair contract terms.

 

Does this mean if they do not file these papers that i could ask the judge to strike out their defence?

 

Thanks Speedo

 

 

Yes ask for it to be struck out, I presume SCM have not filed anything.

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

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Hi there

Well they hadn't when I rang on the 13th but the person I spoke to at the court did say that they would be given a little leeway because of the Easter break. I really can't see Lloyds complying with the first point and as I understand it I don't have to put in my court bundle until 14 days before the hearing. Does anyone have any advice on how I would go about getting it struck out?

 

Thanks Speedo

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Hi there - new to this - finally received my list of charges from the Bank, not sure what I can claim for - please help! want to send off my preliminary letter claiming back my charges. Do I send a schedule of the charges I am claiming? can I send the one the bank sent me if I photocopy it?

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Chrissieleigh

You need to start your own thread and you will get plenty of advice. You may need to read some of the relevant threads and the FAQs.

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

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  • 1 month later...

I've submitted my claim with the court recently, and Lloyds have until the 30th May to respond.

 

Although put off by Lloyds winning two cases, I realise that I need to be that much more thorough with my claim.

 

What is the next stage, and does anyone have any tips for me.

 

Thanks

 

FulhamNick.

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I've submitted my claim with the court recently, and Lloyds have until the 30th May to respond.

 

Although put off by Lloyds winning two cases, I realise that I need to be that much more thorough with my claim.

 

What is the next stage, and does anyone have any tips for me.

 

Thanks

 

FulhamNick.

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Hi

You should shortly receive a copy of their defence and you may receive an Allocation Questionnaire to fill in. These links will help you to fill it in if you get one:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

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

 

If you don't receive an AQ, read this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

This should help with preparing your claim for Court:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

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:)

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Fulhamnick,

Good advice from Barty. I would add the need to start your own thread. Unless you are speedo101 in disguise?

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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