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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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Another success.


charlie07
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Hi everyone,

 

I received a letter from Lloyds TSB's solicitors yesterday and they've offered me all my charges, plus interest and costs.

 

What bemused me about the letter is that the still won't admit any wrong doing.:D

 

They claim that they still intend to defend the claim, and that the charges aren't illegal, but they are paying me only because the legal costs would exceed the amount being requested.

 

I'm returning the letter asap and will drop my court case when the payment goes into my bank account.

 

I urge anyone thinking about reclaiming their charges, or currently going through the process, to continue with your claim until you get FULL repayment. Don't get put off by any of the bank's underhanded tactics.

 

Thanks to everyone involved with this site for creating such an excellent source of information.

 

Regards & thanks to all.

 

Charles.

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CONGRATULATIONS!

Just make sure you check for conditions attached to their offer before you sign anything. You don't have to agree to any of the conditions if you don't want to. Well done and enjoy your celebrations.

 

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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how far on in the process where you, and if you don't mind how much did you claim back. Ive just sent my allocation questionaire back and I awaiting the next move

 

Hi SR,

 

I was at exactly the same stage as you. They paid up after I sent my allocation questionnaire.

 

The total of my claim was approximately £1080.

 

Keep going - I'm sure a final and full settlement is not far away.

 

Regards

 

Charles

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CONGRATULATIONS!

 

 

 

 

Just make sure you check for conditions attached to their offer before you sign anything. You don't have to agree to any of the conditions if you don't want to. Well done and enjoy your celebrations.

 

 

 

Lucid

:)

 

 

Thanks Lucid.

 

There are five conditions on the letter. Number 1,2,3 are straight forward.

 

Number 4 basically states that I agree to keep my account within the agreed limits.

 

Number 5 states that I will incur further fees should I breach my o/d limit.

 

Do you know whether conditions number 4 & 5 are standard?

 

If I agree to these conditions, does it mean that I will have to accept these charges in the future? (I assume that this would not be the case as the fact that these charges are illegal still remains).

 

Thanks and regards

 

Charles.

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Hi Charlie,

 

The conditions are standard - see one of our settlement offers here. You don't need to accept any conditions and to get an idea of how to reject each one check out Mindzai's rejection of settlement letter here.

 

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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Hi Lucid,

 

Thanks for the response.

 

Do you think it's advisable to ask them to withdraw the conditions?

 

I would prefer to bring this matter to a close and feel that rejecting their offer due to the associated conditions will drag this on further.

 

However, I also want to reserve my right to take court action in the future (should this be necessary). Will accepting these conditions mean that I have to accept further charges and thus lose any future right to make a claim?

 

As I mentioned in my previous post, surely agreeing to these conditions does not have any impact on the legalities of this issue. I'm assuming that any future charges will continue to remain illegal, unenforcable and also reclaimable, whether I agree to the conditions or not.

 

Would this also be your take on the matter?

 

Thanks

 

Regads

 

Charles

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It's really your decision as to whether you agree to conditions, but I'm not sure why you would agree to conditions on the return of your own money!

 

Even if you accept the first 3, you should definitely reject the last 2 imo.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Congratulations Charles!!:D :D

Don't forget to let the Courts know when they have paid up, there's a letter here if you want to use it:

 

http://www.consumeractiongroup.co.uk/forum/post-487345.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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