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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 
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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.
      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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Hello,,,,,I have just joined CAG today after hearing about it on Martin Lewis site and need some help,,,,,,,I have send an inital letter from BBC money site syaing "will proceed to court action without further notice" to LTSB and have received, in less than 14 days, a response saying basically 'no' but will advise about Ombudsman.......but does this mean I now proceed to court and skip the other stages which are shown on your site about 'letter before action'........help I'm stuck and don't want to mess it up:eek:

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my advice would be to stick to the format used on this site as it is proven to work. so if you have sent the first letter from a different site then i would sent the prelim letter from here followed by the letter before action sixteen days later. i realise this will take longer but its worth it in the long run as the court can then see you have given the bank adequate time to respond. this will stand you in good stead if the bank do decide to make life difficult. they are not adverse to playing games with people and taking it as far as they can.

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Thank you Smoorach but I am worried now,,,,,,because I didn't know about the help on this site I went along and sent off BBC initial letter which LTSB have answered but saying 'get knotted'......and now I don't feel I can send off the prelim letter you advised,,,,,but on BBC site it says go straight ahead with court proceedings,,,,,,it also says you can do this on Martin Lewis site.......thing is I dont want to look like I'm flapping around to the bank and if I started again that's what I'm afraid it would look like............please tell me if :confused: :confused: its ok to go ahead with court,,,,I really dont want to miss out

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Thank you Smoorach but I am worried now,,,,,,because I didn't know about the help on this site I went along and sent off BBC initial letter which LTSB have answered but saying 'get knotted'......and now I don't feel I can send off the prelim letter you advised,,,,,but on BBC site it says go straight ahead with court proceedings,,,,,,it also says you can do this on Martin Lewis site.......thing is I dont want to look like I'm flapping around to the bank and if I started again that's what I'm afraid it would look like............please tell me if :confused: :confused: its ok to go ahead with court,,,,I really dont want to miss out

 

There's no need to worry here. You have two choices:

 

1. Send the LBA from this site giving them a further 14 days before court action.

2. Start over by sending the prelim frm this site.

 

Trust me, at this stage the bank won't have paid much attention to your initial letter and the response you got would have been a standard one. Neither of the above approaches will do you any harm. If you're really not sure then start again by issuing the prelim from this site. :)

 

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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  • 3 weeks later...

Hi,

 

Can anybody advise,,,,,,had sent a BBC letter (didn't know about this site then), asking for my charges back with all copies of statements and charges listed, received a letter back saying basically 'no',,,,,then was advised by this site to send a LBA in Martin Lewis format, which I did,,,,no response at all.......what do I do now,,,,very nervous,,,,,can somebody help me please:-(

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Thanks Michael for your swift response..........but,,,,,,me being a tad thick, not clear on when or how to proceed........posted my LBA on 5th Feb, by registered post,,,,,,have not received a response,,,,,,when do I go ahead and take it to court,,,,,and is it better to do it online or in person at the court,,,,,how much does it cost,,,,,,skint and have just received another letter from LTSB with a £35 charge for going overdrawn by £3............sorry for going on but I really am worried I'm going to do it wrong.....I need to take it step by step with some help please.

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Hi

 

With regards to the cost of taking the bank to court , the best thing i can suggest is to give your local county court a call. i know that if you earn under a certain amount think its around 15500 per year then you dont have to pay the fees. what you need to do is ascertain if you are eligble for any assistance with the fees (you may be eligble for a reduction in the fees if you earn more than the maximum.) and ask the court to send you the relevent form N1 for your claim and EX160A to claim the fees.

maybe someone may be able to supply a link to the courts service to find the info on the courts website other wise give the local county court a call

 

with regard to the fee for the court action, it is my understanding that the fee varies depending on how much your claim is for so again the court will be able to help you there

 

in my opinion once the 14 days has passed since they have received you LBA then they are ready to be taken to court so i would file as soon as this time has passed, dont wait for them to get back to you in their own time ,follow your time line

 

 

i hope this is of some help

 

regards

paul

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Hi Paul,

 

Thanks for your advice,,,,,,will phone court now and ask for them to send the relevant forms........get myself ready for the deadline date for LTSB.....

 

I'll be back,,,,,,will then need help completing form.......

 

Patsy :-|

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Hello again,,,,,,I've just had a thought..........I could start my court claim online couldn't I......? Is there any disadvantages to that........think I've read somewhere that LTSB drag their heels even longer when claim is through moneyclaim..........,,is that right..........any advice would be welcomed,,,,,,really don't want to mess this up.............oh,,,,,also do I now have to add up the interest...? How do I do that,,,,,maths not being my strong point,,,,,,well actually it took me ages to add up the charges,,,,,not confident on figures at all.....:confused:

 

Patsy

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Hi patsy

 

well,

the main disadvantage of using money claim online is that you cannot get any financial help with the fees . the financial help is only available for paper claims through the post. with regards to calculating the interest go to http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html and you will find the spreadsheet to calculate the interest for youjust select the one that says SIMPLE and you should be ok

 

regards

paul

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Right,,,,,have phoned the court who state they will send me the N1 forms through the post,,,,,,,I'm not eligible for any discounts or help with fees as although earn decent salary am very skint..........also very thick......:sad: .......I need to ask,,,,,is it a problem that I have only sent a list of the bank charges with dates of charges with my preliminary and LBA letters,,,,,I haven't sent anything so far with any interest included...........should I have:confused: ........went to the link for the spreadsheets and so thick I cant even get them open,,,,,,,help

 

Sorry to go on but need to be sure as I'm worried.

 

Patsy

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Hi mumof3boys,,,,,,

 

Can't download N1 forms,,,,no point,,,,haven't got a printer yet so a bit stuck,,,,,,still fumbling my way around,,,,,quite new to this but am so glad of the support here......hope I too am successful,,,,need the money I can tell ya.

 

Patsy

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Hi Patsy,

 

the best advice i can give you is to have a read through the FAQ section of this website http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/. it should give you a better understanding of how you go about getting your money back and is packed full of info i would also have a look here http://www.consumeractiongroup.co.uk/forum/guidance-notes/

 

regards

paul

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Me again,,,,,,,thanks for the advice Paul,,,,,,went along to those links, very helpful and easy to follow,,,,,,,but now my worry is that my iletters have not been as the library templates on this site........oh my,,,,,,my initial letter being a BBC one and LBA was as follows:

 

Dear LTSB,

 

I refer to default charges applied to my account amounting to £xxx, which I have requested you pay back.

 

I wrote to you on 19 January 2007 making the original request for a payment in settlement of my claim. As I have not received a satisfactory response, I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

 

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the Bow County court will rule in my favour. I have attached a full schedule of the charges with this document.

 

I look forward for a full response to this letter within seven days, otherwise I will commence court proceedings to reclaim my money.

 

Yours faithfully,

 

Does this mean there could be a problem,,,,,,,I'm not sure but both letters sent do just ask for my money back........is that ok?

 

Patsy

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Thanks Michael, that's a relief to hear.I have phoned the court today and they are sending me an N!.......sorry to be a pest but what is a POC, and what is a click and how do I do it,,,,,that's assuming its a thank you to somebody who has given me advice......?

 

Patsy

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Hi

If you see the little scales in the corner of posts, if you click on those and that is a way of saying that the post was helpful to you, a sort of thank you button.

POC is Particulars of Claim, have a look at the following link, it is what you need to fill in your N1 with:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Good luck with your claim, and please ask if you get stuck on anything.

Barty:)

  • Haha 1

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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Help.........received my N1 forms from the court today,,,,,,keep looking at them but have gone blind with panic,,,,,,,really scared in case I mess them up or do it wrong,,,,,and cant get the template to find out how to add the interest,,,,,,,oh my,,,,,,,really want to get this done but cant get my head round it,,,,,,its because I'm panicking and really nervous to take them to court,,,,,can anybody hold my hand and maybe advise very simply and 'step by step'? Please :confused: Would really appreciate any advice.

 

Thank You, Patsy

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Hi Patsy,

 

you need to follow the link http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html and you will find the information you need. its self explanatory and tells you what to write in each part of the form.it also tells you where you need to enter your own information so follow the guide and you will be ok.

 

if there is any particular part you need help with the let me know

 

regards

 

paul

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Hi,,,,,,have been waiting patiently by my computer for a reply,,,,will take a peep at that link and hopefully understand it,,,,,,also,,,,cant understand the interest thing....couldn't open the template so I used Martin Lewis's, is that the correct %,,,,I mean is it a standard thing,,,,I only want to get the normal 8% interest.......

 

Thank you for your help

 

Patsy:)

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Me again,,,,,,,can somebody tell me the address of LTSB registered office to be able to fill in my N1 form.....? Also I don't understand the 'value' part of the form,,,,,,,can I just put the charges, and 8% interest incurred...? I dont understand the daily rate thing at all........phew,,,,really stressed..

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