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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
      • 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
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KAZZAW v LLOYDS TSB ***SETTLED IN FULL***


kazzaw
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1) Who should cheque for £100 be made payable to?

 

HM Paymaster General

 

2) I am enclosing a copy of my spreadsheet. Should this be a copy dated the same day as original claim on MCOL or a copy showing daily interest up to present day?

 

I would do it up-to-date showing the current interest as it stands.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks for the quick reply!!

 

Just printed off new spreadsheet. The 8% interest has boosted the claim by another £25!!

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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  • 2 weeks later...

UPDATE

 

AQ had to be returned by 7/8/06. Sent it back a week ago. Nothing else received although £100 cheque cashed so I know Court have received it.

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Just rung Nottingham County Court as AQ deadline today.

 

The other party have not submitted their AQ!! I asked what would happen now & the Clerk says that the case will be passed to a judge for him (her?) to give directions.

 

I should know something by the end of August!! I'm going on holiday on 22/8 so hope it's before then or I'll be spending my money before I've got it on ringing home to see if I've had any mail!!

 

The Clerk also said that the judge may ask for a short hearing but this won't be until October/November!

 

Any advice on what to do other than sit & wait would be appreciated? LTSB solicitors are Sechiari, Clark & Mitchell.

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Rang the Court again today & definitely no AQ from LTSB. It's been suggested that I request Judgement by Default. I have to send a letter to the Court ASAP. The Clerk says I need to get it there before the District Judge looks at the file.

 

Can anyone help with the wording of a suitable letter to the Court? :confused:

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Received copy of AQ from S, C & M & request for a copy of mine.

 

I've sent this plus a copy of my spreadsheet so they can't say they didn't have a copy later. I think they have probably only just sent their AQ to the Court so that's why I got the wrong info this morning!!

 

I eagerly await the next instalment!!! ;)

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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  • 2 weeks later...

UPDATE:

 

Monday (14th): I rang Mr Thomas at SCM to ask why they had ticked the box on the AQ asking for another month.

 

Mr Thomas informed me that a letter had been sent to me on Friday 11th offering a settlement. At my request Mr Thomas faxed a copy of the letter to me. The letter was an offer of full settlement inc interest up to date of submission of court claim & all costs inc AQ fee. It contained the the usual conditions (but no account review).

 

I replied by faxing back & posting a letter saying I didn't agree to all conditions. I decided to leave the missing daily interest as I wanted to get this sorted before I go on holiday.

 

Tuesday 15th: Expected to receive the original letter through the post. Nothing!

 

Wednesday 16th: Still no letter through the post so I used this as an excuse to ring Mr Thomas again. I told him I was concerned that the letter had not arrived especially as the letter requesting a copy of my AQ had been addressed to the wrong person. He assured me that the letter had been sent to the correct address last Friday. He also informed me that my letter had been sent to LTSB & he was awaiting further instructions.

 

Thursday 17th:Original letter finally arrived in first class envelope!!

 

Friday 18th 1.00am: Checked bank balance online. SHOCK!!! Balance was at least £4000 more than it should be!! They had paid up!!! The funny part is, I went to the ATM to make a cash withdrawal a few hours earlier & didn't check my balance as it was p***ing it down!! The statment entry for the deposit was showing before I withdrew the cash so it must have been there earlier!!

 

 

Donation made to CAG.

 

 

Thanks to everyone on this site for all your help & support!!! And for those still waiting - DON'T GIVE UP!

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Before joining this group and reading chat threads I compiled excel spreadsheet computing Lloyds card charges plus interest compounded monthly after charges were applied, at the same rate Lloyds charges me, i.e. much higher than 8% p.a. I have yet to spend £120 to lodge claim.

 

Would it do me much damage if my claim is invalidated or thrown out at the hearing because of the interest angle? Or would Lloyds cards settle without quibbling?

 

 

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Before joining this group and reading chat threads I compiled excel spreadsheet computing Lloyds card charges plus interest compounded monthly after charges were applied, at the same rate Lloyds charges me, i.e. much higher than 8% p.a. I have yet to spend £120 to lodge claim.

 

Would it do me much damage if my claim is invalidated or thrown out at the hearing because of the interest angle? Or would Lloyds cards settle without quibbling?

 

I'm sorry I'm not qualified to advise you on this issue.

 

If you post the question on your own thread maybe a moderator or some other person could be of help.

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Well Done Kazzaw, nice to see they didn't even haggle with you.

 

Enjoy the spends!

Steve

Slightly disgruntled but getting happier as LTSB squirm!!

steve1145 v lloyds-tsb

Data Protection Act done

LBA done

Claim issued 5/6/06 - 6QZ35417

Reply due by 24th June

Responded so further 14 days now 8th July

Defence filed 6th July ......bah humbug!!!!!!!

AQ and defence received on 7th July

AQ filed 21/7/06 12.30pm

Court date set for 16/10/06 - D DAY

***** Settlement Paid 12/10/06 Nearly the whole amount *****:D

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Fantastic news Kazzaw! Enjoy it!

Saj x

SEE MY THREAD HERE...http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7358-saj-lloyds-tsb.html

Data Protection Act letter sent recorded delivery 15.5.06

Compliance 1.06.06

PAR letter sent recorded delivery 7.06.06

1st denial received 13/6/06

LBA letter sent recorded delivery 21.06.06 (received 22/6)

Moneyclaim filed 7/7/06, Served 15/7/06

Allocation questionaire returned 28/8/06

Court date 1st December :lol:

SETTLED UNCONDITIONALLY IN FULL 5.10.06

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Thanks everyone!!

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Well done Kazzaw,

 

Nice bit of spending money for your hols!

 

Enjoy.

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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Congratulations... Hope you have a great holiday now you have your money back..

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

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  • 12 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

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Thread Locked

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If you need to add something to this thread then

 

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

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