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    • Hello, I'm wondering if someone can advise me on something. I'm appealing an order and have been asked to submit an appeal bundle and the below points are required to be included: 1) transcript of the judgment of the lower court on other record of reasons.  2) Statement of case. I'm wondering if anyone knows that "on other record of reasons" means. Also for statement of case would it just be a long document covering the reason for the claim, the findings of the lower court, why it was wrong and what I seek instead?   Thanks,
    • Hello, Thanks for the advice. I asserted my rights to reject and they accepted it and said they will refund me the full amount.  My question now is how long do they usually take to collect the vehicle? I've made it clear that I'm available for them to collect it whenever and I've been told its been passed on to the collections team. I chased it up today as its also raining heavily at the moment.  I just wondered if anyone had any experience on how long they usually take to collect? I'd obviously like it collected as soon as possible as I need to purchase another car.  Is it likely they will drag on the process of collection and what can I do if they do?  Thanks!
    • Why are FCA’s “name and shame” proposals causing a stir?View the full article
    • I am coming back to this thread after receiving a Single envelope containing 2 letters: 1 from Max Recovery telling me that my account was transferred to Drydens Fairfax in 2007 1 from Drydens Fairfax telling me that they are under instruction from their client to seek repayment.   These relate to a Barclays Overdraft from the early 00s, last payment through PayPlan was 04 June 2019, but neither of the letters are from Barclays themselves.   I have informed Drydens in both May 2019 and June 2023 of changes of address. No letters beyond a confirmation of the change and a request for finanical details have been received, which ive ignored.   What i was wanting to know is do i just ignore these as per previous advice? I know that i cant CCA an overdraft debt but what is the usual "plan" for dealing with old overdraft debts? Am i trying to run the clock down until June 2025 when it becomes statue barred?
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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.

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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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brian v Lloyds ***WON***


brian
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is this the correct letter to send ?

 

18th November 2006

 

 

Request for repayment of charges

( letter removed )

 

please do not put our template letters on the main forum , you can always provide a link to it to show people what you have sent

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i have sent our first letter to lloyds for the reclaiming of our charges on 18th november recieved a responce back saying they are getting all there details together, however reading throught the threads do lloyds defend every case never been to court before think this might scare me

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No. The fact is that Lloyds have never once stepped foot inside a court to defend one of the hundreds of claims that have been brought against them. They do file a defence, but there is a difference between that and actually defending! Its just an attempt to put you off.

 

You need a bit of patience to claim against Lloyds, they delay and stall wherever possible and will do their best to discourage you from continueing. The important thing to remember is not to be bullied by them. Stick to YOUR timescale and don't be dictated to. They have taken your money without any legal right whatsoever - you call the shots.

 

Have a good read of the FAQ section (linked below in my signature) and some of the threads in the successes forum, follow the advice on this site and you'll get your money back.

 

Good luck.:)

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.

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i sent my first letter on 18th november 06 using a letter off the site which says i was giving them 14 days they replied within the 14days saying they were getting the paper work together or something like that which would take them 14 days when do i send my next letter i know that they have 40days in total and is the 2nd letter the final letter before action from the libary.?

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Hi

The first letter you send is the SAR, this gives them 40 days to provide you with your statements, or a list of charges.

Then when you have worked out how much they owe, you send the "Preliminary" letter, you give them 14 days. Then you send the Letter Before Action (LBA), give them 14 days then start the Court action.

Good luck!

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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  • 1 month later...

Sent my 2nd letter to lloyds Just before christmas and today recieved this letter can anyone tell me what i should do except if although it does not appear that they are giving me the opportunity not to except it

 

Dear Mr & Mrs xxxxx

 

Thank you for getting in touch with us again. I am sorry that you are still unhappy about your account charges

 

We’ve already explained that we believe it is fair to charge you for extra services you’ve requested, as long as you know about the charges in advance. When you didn’t have enough in your account to cover a payment, we had to agree to make it by setting up or increasing your overdraft, or tell you we couldn’t agree it. We feel it’s only fair to charge for our service in considering and implementing this.

 

It’s easy to keep a running check on how much is in your account. You can get an up-to-date balance at any of our cash machines, over the pone, on line and by weekly text to your mobile.

 

If you know a payment is going to take you over the limit we’ve agreed, you’re welcome to see if we can raise it – and we can usually give you an answer straight away. Again we can do that for you by phone, on line or at any of our branches. There no charge at all for this.

 

Generally we don’t agree to adjust any of these Charges, but I can tell you on this occasion we are prepared to reduce the charges by repaying you £750.00. You may have read that we and the other banks are discussing overdraft charges with the office of fair Trading. Meanwhile we consider each customers position individually, and we are making you this offer because the amount you’re asking for is less that the cost we might face in dealing with your complaint if you took it any further.

 

I need to let you know that this does not mean we consider we have any legal obligation to do so. This sum will be credited to your account in the next few days.

 

As I’ve explained, these charges are avoidable and we would strongly urge you to keep with the limit you’ve agreed with us or to ask us if we could increase it for you.

 

This letter is the bank’s final response, which means that if you remain dissatisfied you may refer your complaint to the financial ombudsman service. If you decided to pursue your complaint through the financial ombudsman service you must do so within 6 months from the date of this letter. I have enclosed their leaflet that outlines how to contact them

 

Yours sincerely

 

Karen Roberts

Customer Services Officer

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Re Lloyds advice please!

 

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

Sent my 2nd letter to lloyds Just before christmas and today recieved this letter can anyone tell me what i should do except if although it does not appear that they are giving me the opportunity not to except it

 

Dear Mr & Mrs xxxxx

 

Thank you for getting in touch with us again. I am sorry that you are still unhappy about your account charges

 

We’ve already explained that we believe it is fair to charge you for extra services you’ve requested, as long as you know about the charges in advance. When you didn’t have enough in your account to cover a payment, we had to agree to make it by setting up or increasing your overdraft, or tell you we couldn’t agree it. We feel it’s only fair to charge for our service in considering and implementing this.

 

It’s easy to keep a running check on how much is in your account. You can get an up-to-date balance at any of our cash machines, over the pone, on line and by weekly text to your mobile.

 

If you know a payment is going to take you over the limit we’ve agreed, you’re welcome to see if we can raise it – and we can usually give you an answer straight away. Again we can do that for you by phone, on line or at any of our branches. There no charge at all for this.

 

Generally we don’t agree to adjust any of these Charges, but I can tell you on this occasion we are prepared to reduce the charges by repaying you £750.00. You may have read that we and the other banks are discussing overdraft charges with the office of fair Trading. Meanwhile we consider each customers position individually, and we are making you this offer because the amount you’re asking for is less that the cost we might face in dealing with your complaint if you took it any further.

 

I need to let you know that this does not mean we consider we have any legal obligation to do so. This sum will be credited to your account in the next few days.

 

As I’ve explained, these charges are avoidable and we would strongly urge you to keep with the limit you’ve agreed with us or to ask us if we could increase it for you.

 

This letter is the bank’s final response, which means that if you remain dissatisfied you may refer your complaint to the financial ombudsman service. If you decided to pursue your complaint through the financial ombudsman service you must do so within 6 months from the date of this letter. I have enclosed their leaflet that outlines how to contact them

 

Yours sincerely

 

Karen Roberts

Customer Services Officer

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This seems to be their standard current strategy, read through some of the other Lloyds posts, or do a search for "£750 goodwill".

It is important that you write to them (recorded as always) stating that you are happy to recieve their "partial payment", but that is all you consider it to be, and reserve the right to pursue the balance. Do not bank any cheques unil you have heard back from them clearly stating that they agree to this. If they just deposit the money into your account, do much the same, except of course the money will already be there, so state that in the abscence of any response to the contrary, this is the strict terms that you will accept the money on. Keep copies of such letters, and proof of posting.

They probably won't reply, in which case don't bank it if it comes as a cheque. If it is a transfer, then the fact that you have written (and perhaps called too), would be sufficient grounds for a judge to understand the terms under which the money was accepted , rather than them trying to argue you accepted a reduced out of court payment in settlement. Then reduce the balnce outstanding by the payment.

Anyway, all something like that, have a read of the others that have had this, and decide for yourself.

PS: Take a look at this interesting development.

http://www.consumeractiongroup.co.uk/forum/post-467620.html

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Hi Brian

Good result, if I were you I would write back to Karen and thank her for her offer that you will accept as a part payment, but will be continuing your claim for the remainder. There is a template letter already produced on here for this use.

LSTB (business) S.A.R - (Subject Access Request) received 10th Dec prelim + Contractual interest claim sent 10th Jan07 £5k + change

Received partial reduction mount of £5,563 against loan & overdraft of £18k i.e. 30% reduction. Next step PPI's & managed loans. Jan 07

 

LSTB (Girlfriend) prelim sent 10th Jan07 1st account £670

Received partial refund into account of £457 9th Feb, sent rejection letter. donated 5% 10th Feb

LSTB (Girlfriend) prelim sent 10th Jan 07 £1,450

HSBC S.A.R - (Subject Access Request) sent 27th DEC (approx £3000)

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Here you go Brian - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Send that, then carry on with your claim exactly as before.

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.

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have written letter today back to lloyds is this okay i have also downloaded the court documents for the county court do i have to supply my bank statements to the court or how do i go about this?

 

Karen Roberts

Lloyds TSB Bank plc

Andover Service

Recovery Centre

Charlton Place

Andover

Hampshire

SP10 1RE

 

Re: Account number xxxxxxx

Sort code xxxxxxx

 

Response to settlement offer.

 

( letter removed )

 

please do not put our template letters on the main forum , you can always provide a link to it to show people what you have sent

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I am not 'at ease' with this process. But - feel strengthened by the existance of this site! So thanks for letting me know. No doubt I will be asking lots of questions along my way! I feel I have nothing left to lose - and have totalled about £12 / 13 k in charges since 2000. I think nothing unusual about my story .. there are many others like me on this site.

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Blankcanvas can you start a thread of your own please .

it may look daunting but if you follow the steps you can do this and get your charges back just like many 1000's on here are doing . Also read the success stories they will give you confidence :)

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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  • 2 weeks later...

sent my letter to karen roberts have heard nothing back from her what do i do now i need to fill out court forms in think but have not got a clue what i need to do or how i go about this can some one please please help me never done anything like this before

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Hi Brian

If you have a look at point 6 on the following, it should help:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

Good luck!

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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I hope they make me a Gesture of Goodwill Offer of £750 this time around..lol Final claim is only £160.00..

 

Just have to wait and see..lol Due in Court on Monday ..

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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i need now to start court proceeding against lloyds but am struggling with the oneline application form, also i do not know what information i will need for the court hearing i found the zip file listing these and have my statments letters of correspondence replies and the excel doc showing how much i am claiming but am now completly lost please help

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I have merged all your threads as it is impossible to give advice if people can't see what you have already done so far so please keep to the one thread for each claim

 

I will read your thread now and get back to you

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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brian , here is the information you need to start your claim

I am a bit concerned that you have got to this stage and are unclear of your next step , you really need to read the step by step guide that was pointed out to you in an earlier post as you must realise that your claim may end up in court and you need to be prepared

 

I would also recommend reading about what a basic court bundle consists of

 

we are here to help you but you have to do most of the work yourself , that means reading around and learning as if we just point each step out to you then if it does ever end up in court you will become unstuck as you will have no idea what your arguments are .Please take some time to read around for your own benefit

 

 

Does the information I have pointed you to help you where you was stuck ? or are you still stuck with something ?

 

Janet

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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do not think i am going to be able to take this any further as i do not understand it have read all the frequently asked questions downloanded the court bundle but am now loseing my nerve have never set foot inside a court room and quite honestly this scares me to death

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Hi Brian

Please don't give up:) . We are all here to help you. The chances of actually getting inside a Courtroom are very small, they will pay out before then.

Are you wanting to do your Court claim online or fill in the forms by hand and take them to the Court? Have a look at this link, should give you a good idea or where to start, point 6:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

As far the Court bundle, you don't need to be doing anything with this until you get your court date, so a few weeks yet.

It does seem daunting, but you can do it.

Let us know what particular bit you're stuck on.

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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Hi Brian

Your message forced me to say something. (edit)Just write the letters, post them, keep a record of everything you have done... in your diary. If it comes to getting a court bundle together, then you may need some help with knowing how to re-type the front page, numbering pages etc. It is not straightforward (in fact it is quite confusing) but worth it in the long run. I just posted my court bundles to Sechiari, Clark and Mitchell and to Swindon court. I am due in court on 13th Feb. but I know I won't have to go. And if I do,:-| Lloyds won't pitch up so I will win anyway. :D You will win. No worries, mate!

Romey

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