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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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BADMOTHER

By BADMOTHER
in Lloyds Bank

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BADMOTHER

BADMOTHER

Posted
Posted

I have already won with First Direct, and I am still waiting for my statements from Lloyds. All the letters went on the same day (8th January ish!). I have rang the bank to chase them up and they said "all requests for statements are sent to a particular department and she didn't know the number". Anyway their 40 days will soon come round:D .

First Direct ** WON ** :p

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Enron

Enron

Posted
Posted

It may be wise when you contact Lloyds with your preliminary letter to let them know that you have experience of claiming in these cases.

 

And whilst it is the banks perogative to defend any action bought against it you are aware that as to date they have not appeared at any hearings to defend their penalty charge regime. As such to settle with you at an earlier stage would save them having to pay interest and court fees on your claim..... or words to that effect.

 

Alternatively if your not in a hurry follow the standard process.

 

I know there are some very interesting draft orders around at present which you could submit as a draft at the time of submitting your AQ.

  • Haha 1

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.

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curlychic

curlychic

Posted
Posted
I have already won with First Direct, and I am still waiting for my statements from Lloyds. All the letters went on the same day (8th January ish!). I have rang the bank to chase them up and they said "all requests for statements are sent to a particular department and she didn't know the number". Anyway their 40 days will soon come round:D .

 

 

Hello there,

 

My SAR went to Lloyds (London HO) on 18th December and they have til Saturday. Rang last monday and they said'my request was being dealt with and my documents would be with me within 7 days'. A week has past and still no documents. Rang again this morning and they told me my latter was in the post room and will be sent firat class today. We shall see eh.

 

If you sent your SAR to Londo HO, the number to ring is 01179433133. The guy will take your details and phone you back when he has found out whats going on. They do phone back the same day.

 

Hope this helps :)

 

curlychic x

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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Enron

Enron

Posted
Posted

Thats a Bristol phone number...... Lloyds HQ is based on the side of the docks if memory serves me right.

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.

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curlychic

curlychic

Posted
Posted
Thats a Bristol phone number...... Lloyds HQ is based on the side of the docks if memory serves me right.

 

 

Well i sent my S.A.R - (Subject Access Request) to London HQ and thats the phone number of the place where its being dealt with.

 

Ring it, dont ring it, the choice is yours...... I was just offering some help.

 

:o

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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Enron

Enron

Posted
Posted

No probs bud, wasn't being critical - just stood out as i'm not far from Bristol.

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.

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BADMOTHER

BADMOTHER

Posted
  • Author
Posted

Thanks Enron and curlychic both. I will try the number tomorrow and also send a letter mentioning my proposed complaint to the information commission in the case of their failure to comply with my SAR, on or around the middleish of Feb'. Will eep my thread updated anyway;)

First Direct ** WON ** :p

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BADMOTHER

BADMOTHER

Posted
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Posted

Just checked that phone number out, the girl who answered is gonna ring me straight back, the time now is 11:39am - 11:43 Chloe has just rang me back, and very kindly informed me that they received my letter on the 9th January and they do intend to get back to me (in the nick of time no doubt before the 40 days is up). They obviously have everything filed in date order and are dealing with each request as their 40 day deadline is due. Nice!

First Direct ** WON ** :p

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curlychic

curlychic

Posted
Posted
Just checked that phone number out, the girl who answered is gonna ring me straight back, the time now is 11:39am - 11:43 Chloe has just rang me back, and very kindly informed me that they received my letter on the 9th January and they do intend to get back to me (in the nick of time no doubt before the 40 days is up). They obviously have everything filed in date order and are dealing with each request as their 40 day deadline is due. Nice!

 

 

Well i am totally suprised......40 day deadline ends tomorrow and i finally recieved my statements through the door this morning :)

 

Step one accomplished......finally !

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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Enron

Enron

Posted
Posted

When your work out your charges, double check them, and go through the preliminary and LBA steps allowing 14 days for each.

 

It maybe worth specifying that you are aware that as of yet Lloyds have not defended their penalty charging regime in court and that if successful legal action was to follow they would be liable for both interest and the court fees.

 

If however they choose to ignore your communications, file either your MCOL online, or file an N1 at your local court.

 

In either instance send copies of your schedule of charges in triplicate to the MCOL office which I believe is in Northampton immediately quoting your case number, or include your schedule of charges in triplicate along with your N1 when filing your claim at your local court.

 

Once the AQ gets to you there is both the draft order on this site which has been issued, think GaryH posted it.

 

Or the following order which you could also include and mark draft order at the same time as submitting your AQ for the courts consideration:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/20752-kazzaw-lloyds-asset-card.html

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.

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  • 3 weeks later...
BADMOTHER

BADMOTHER

Posted
  • Author
Posted
:( Got to hold back with my prelim letter for now, because i'm worried they will close the account which has a huge overdraft that we can't settle just yet. But i'm still looking forward to the day that I can start this claim and get all our money back. I am gonna shop til' i drop, already spending it in my head!

First Direct ** WON ** :p

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  • 2 months later...
curlychic

curlychic

Posted
Posted

Whats going on ?

you seem to have dissappeared off the radar

:???:

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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  • 3 weeks later...
BADMOTHER

BADMOTHER

Posted
  • Author
Posted

Well, after all the bad news about Lloyds the other day, with that daft judge in Brum, my o/h's claim was settled yesterday. There was the letter when we got home "usually we don't refund etc,... but on this ocassion blah blah! His claim was for £782, and they have offered £750 which has already been credited to his account:). We were about 10 days past the LBA expiry date, but hadn't got round to the filing at court bit yet.....So anyone having second thoughts about going through with their claim take a bit of encouragement from this!

First Direct ** WON ** :p

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curlychic

curlychic

Posted
Posted

CONGRATULATIONS !

:D :D :D

I thought we had lost you for a while

XxXxX

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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BADMOTHER

BADMOTHER

Posted
  • Author
Posted

I'm always around here curly, mostly reading I admit. ...... I do miss the chatroom though as it goes, it was nice to blow off a bit at the w'end, us with no babysitter an' all!

First Direct ** WON ** :p

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