Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • 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

In court next week!!


Gemma Birmingham
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6105 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

  • Replies 72
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

And congrats from me! Well done!

 

And how I wish that some judge could PUNISH LTSB for this awful time wasting abusive process that they are putting us all through. grrrrr.

kind regards to all, maryt

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

13/2/07 - full settlement from Lloyds TSB

14/2/07 - 5% (rounded up!) to CAG - THANKS!

Link to post
Share on other sites

Congrats Gemma, very well done!:D

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Congratulations Gemma

 

really really pleased for you

 

Debbie

Debbie

 

Lloyds TSB - Subject Access Request for 2 accounts - 27/07/06

26/08/06 - statements received

29/08/06 - preliminary letter sent - account 1 owed £915 plus £70.90 interest = £985.90

account 2 owed £650 plus £79.99 interest = £729.99

18/09/06 - LBA sent - includes extra charges incurred

 

MCOL filed

Acknowledgement of Service - 04/12/2006

Copy of Lloyds Allocation questionnaire received 12/01/06

My AQ form received 30/01/06

 

HSBC - Subject Access Request - 27/07/06

05/08/06 statements received

08/08/06 - Preliminary letter - £1388 plus £128.69 interest = £1516.69

25/08/06 - received offer of £1200

29/08/06 - LBA sent

17/09/06 - MCOL submitted - £1875.65 (incl 8% int)

19/09/06 - Notice of Issue received

Full settlement

Link to post
Share on other sites

hi everyone

 

Thanks for all the congrats notes its been nice not having to think about and stressing about Lloyds.

 

HOWEVER they still havent sent a settlement cheque through and its been a week, (they have 14 days!) so do i just sit and wait??? i cant spend the money until i have it!!!

 

gemma x

  • Haha 1
Link to post
Share on other sites

Hi Gemma,

Well done and belated congrats. I've only just found this thread. You could try phoning the solicitors "just to see if the cheque is in the post as it might have gone astray". But I think it is far more likely that as they kept you waiting till the very last second at the last stage, they are likely to do the same again and leave it until the 13th day before they do anything.

Chrisi

If only I'd known then what I know now.

Link to post
Share on other sites

Congratulations Gemma - Been folowing your thread - I have been worried sick for you, Have they paid up yet??

 

Also were you able to claim fopr the expences you incurred, copying and paper, time etc as you asked in the thread earlier?? Did you actually go into the court and meet up with the judge?? I am just about to put in the AQ in, but in the fast track not small claims, so worried sick...

 

But, well done you! (hope they pay up PDQ B***ards)

Darling1

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

Link to post
Share on other sites

Hi everyone

 

thanks for the advice chrisi, will call the solicitors and see what they're planned to do, although the point of sending the cheque at the last minute does seem VERY pointless as they have already admitted defeat!! crazy what the hell is the point???

 

to reply to darling1. I did have to go to court and meet with the judge he seemed ok but a bit hard faced so glad i didnt have to argue my case infront of him, although i think he was just a bit p****ed off that Lloyds had done it again, (gone all the way to court without showing and wasting time). I am not actually aware how much Lloyds are going to pay out as they did not specify a amount they just said, every plus court fees and interest so thats why I want the cheque, cos if its not enough then i think i have to go through the whole thing again, but im not sure :( will get the number and phone soliciters tomorrow. darling1 im sure you'll be fine, if yours goes as far as mine has, they will cave at the last minute so dont be scared!!

 

thanks for all the support

 

gemma x

Link to post
Share on other sites

If they don't send you a cheque for the write amount, go back to the court and say that the claim has not been settled in full.

 

Wonder if you could call in the bailiffs at this point, would be some great publicity to get them to go into your local branch for a small outstanding amount.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

Link to post
Share on other sites

:grin: He He!

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

Link to post
Share on other sites

Gemma if they don't come through with the money, consult one of the mods about the above.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

Link to post
Share on other sites

ITS COME!!!!

 

the cheque came this morning, they paid it all! yay!!! just got to wait for it to clear and then its all over with!!

 

will let you know when its cleared!! im so happy!!

 

Thanks for all your messages of support and all the advice, i dont think i would have had had the courrage to go all the way with it all.

 

Thanks again

Gemma x

 

p.s where do i make a donation to the web site??

Link to post
Share on other sites

Well Done Gemma!........Now You Can Relax :p Enjoy Yourself!!

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

Link to post
Share on other sites

  • 3 weeks later...

Well done Gemma!

Just been reading through this thread as I've just posted off the AQ on behalf of my mum who is claiming back £2350 from Lloyds. I expect it to go the whole way, as they did with you, which is a shoddy trick in my book, given that my mum is 70 years old and no way would she ever undertake this on her own.

 

You showed a great deal of fortitude and bottle and fully deserve your reward and I intend to do the same!

Halifax

- Subject Access Request 19th June

- Statements Recieved (17 envelopes!)

- Preliminary Approach for £785 25th June

- Offer of £60!

- Declined offer and LBA sent 6th July

 

No response from Halifax

- Money Claim case filed 18th August

- Papers Served 23rd August

- Acknowledged 28th August

- Paid in Full ! 30th August

Link to post
Share on other sites

  • 4 months later...

Hi gemma

 

I have been looking over your thread. Congratulations! I have my court date (14th Aug) and I am now in the same stressed out state that you were in. any advise on the bundles and what you took to court will be great! I cant belive they still made you go on the day and they didnt show. So stupid!! Well done again, hopefully i can follow in your footsteps and get mine!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...