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    • 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
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wannagethelp vrs Lloyds ***WON***


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Hi

Yes send a copy to the Solicitors now, send something like the following:

 

Dear Sir/Madam

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours Faithfully

 

I would make sure it has what the charge is for on your list.

 

You have to wait for them to enter a defence now. When they do, you should recieve a copy of it and an Allocation Questionnaire to fill in, use the links below to help you with this:

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

 

Once you have filled in this, the Court will get back to you (eventually) with a Court date.

 

Relax and don't panic, we are here for you:)

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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Hello Barty,

 

Thanks for your advice but I'm worried now because the list of charges I sent to the court will be different to the list I have sent the court if I add on what the charges are for,,,,,,,will that matter? I'm sure I've read somewhere on here that people have had to start again because the paperwork was messed up,,,,,,I don't think I could take that kind of pressure at this point.

 

Also, they never ever even responded to my lba,,,,,do I have to make the court aware of that?

 

Thanks again.

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apologies......bit stressed now. What I actually meant in my last post was that the list of charges I sent to the court will be different from the list I send to the solicitors if I add what the charges are for.

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Hi

I would send another list to the Court when it is transferred to your local court, with details of what the charges are.

As for not responding to your LBA, I wouldn't bother letting the Courts know, sometimes they reply, sometimes they don't.

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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sorry to be a nusiance, but when will I know they have sent my claim to another court? Will they write and let me know when that happens or do I just send the original list of charges to ltsb solicitors and just wait to hear from the new court before I send the amended list with the additional column of what the charges are for?

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apologies......bit stressed now. What I actually meant in my last post was that the list of charges I sent to the court will be different from the list I send to the solicitors if I add what the charges are for.

 

 

You mean the discription of the charges and not the amount?

 

sorry to be a nusiance, but when will I know they have sent my claim to another court? Will they write and let me know when that happens or do I just send the original list of charges to ltsb solicitors and just wait to hear from the new court before I send the amended list with the additional column of what the charges are for?

 

You will get notification from the court that it has been transferd to your local court, an AQ and then their defence. Complete the AQ and return it to the court with any applicable fees.

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

 

I have merged your threads and changed your title for you.

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right ok, am just typing up the new list of charges to include the description of charges, i.e. returned cheque, returned dd and overdraft excess fee.....is that right? Do I then send 2 copies out, 1 for the ltsb solicitors and 1 for moneyclaim? Is that right. Apologies for the constant asking but need to make sure I'm getting this right as I really nervous of messing it up.

 

Anyone? Barty/Livelylad??

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Hi, thank you for the fast answer.......I will post off by registered mail to ltsb solicitors tomorrow......is there no point then in sending one to moneyclaim? Shall I just wait,,,,I'm worried in case I get penalised for sending 2 different lists to each party......is that ok still.

 

Sorry to keep asking but I'm really shaky about this.

 

Thanks again

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Just posted off by special delivery, copies of schedule of charges to include the description of charges to money claim online and scm solicitors to be attached to my claim. Now do I just wait,,,,is there anything I should or could be doing?

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Hi

Just a matter of waiting now for them to submit a defence. You could be looking at the links to help you fill in your Allocation Questionnaire:

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

 

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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  • 3 weeks later...

Hi,

 

I've received today the defence from ltsb, looks quite standard, I think..:confused: and the AQ papers,,,,,will need some help with them please.

 

Funny enough, I also got a letter from ltsb in the same post saying basically, no, to any refund,(this was from my lab letter), but I will get the forms done and back to the court early next week before my money runs out and I don't have the £100 fee.

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If your claim is under £1500 there is no fee.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Aah, will be fine - mine is same amount and although they have defended, not got the forms yet. :) To me, I can't wait as I know we are on the home stretch now and we will get our money soon.

 

Nothing to worry about.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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You sound so confident,,,,,,,I'm a bit wobbly ,,,,I can't attempt the QA yet as I'm working all weekend and want to be able to sit down and take my time....but I will get them done next week, just that I'm swiftly running out of funds and I only got paid today:( ,,,,never mind, it would be so great to get these charges back,,,,I'll follow your thread too:)

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I am confident - my sig is not working but I claimed back from the Nationwide in summer last year, with the help from this site, before many people even knew about the charges issue. I have also seen hundreds, if not thousands of people get their charges back. I have always meant to do Lloyds for my hubby but I was pretty ill towards the end of last year so have only just really started to get going again.

 

Personally, and what I plan to do, is file the AQ as late as possible as Lloyds have been paying out on some occasions around this time, so I shall keep my fingers crossed and keep checking the account. If they don't, we will do the AQ and wait for a court date, knowing that we WILL get our money back. :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Wannagethelp,

Dolly's right, you know. Relax. The banks always make you work hard for your money (money that you have already earned once before!). Everything you need to know is on this site. Shout if there's anything you're unsure about. (Slight hijack. Hello, Dolly, I'm after Lloyds as well now. Glad you're feeling better).

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