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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
      • 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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Gooders Vs LTSB & Others


Gooders
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Well claim deemed served 9 Jun so here we go......... I take it they now have 14 days (total or working?) in which to either notify they will defend or cough up????

 

Madkit,

 

Sorry I was away with work and have just got back, hope you got your POC in!

 

Gooders

 

Hi

Lloyds have 14 calender days from the date the claim was served (it is served 5 days after you filed it) to acknowledge the claim, and then 28 days from the date it was served to enter a defence. You will then receive a copy of their defence and you may receive an Allocation Questionnaire to fill in. These links will help you to fill it in if you get one:

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

 

If you don't receive an AQ, read this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

Good luck, let us know how you get 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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Barty,

 

Thanks for that! Well just got 'Notice that Acknowledgement of Service Has Been Filed' Date filed is 15 Jun 2007 ad **** are the legal seagulls. So am I right in saying this then gives them 28 days to provide their POC and no action is required by me unless I get an AQ? After they file their defence I will then get a court date and a date when I need to have my bundle ready for?

 

Hope this is right but if there are any glaring errors can someone please point them out to me!

 

Thanks

 

Gooders

If I have helped tip my scales:)

 

I am not a legal eagle, professional accountant, [problem] artist or axe murder so please bear in mind that my advice is just that advice from someone in the same boat as you.......

Claims:

Lloyds TSB Acct 1 - S.A.R - (Subject Access Request)'d/Statements received/£2500ish to be claimed + contractual interest

Lloyds TSB Acct 2 - *WON* over £5K won with compond CI at 28.9%

Lloyds TSB PPI *WON* - CCA'd/They cant find agreement/£2650 awarded

Halifax TSB Closed account issues*WON* - £610 in compensation for an account closed with £10 in it!

Student Loans - 20 Feb 07 CCA'd/on back burner for now

 

Hmmm seems Im on the right end of winning, God that feels GOOD!

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  • 4 weeks later...

Well an update of sorts....................

 

Date of service was 9 Jul 07 so **** had until 7 Jul 07 to file a defence (hmm 7/7/7 not very lucky for them!!!!!:p )

 

Just spoke to the court so as of today no defence has been filed and I can request judgement whenever I want....... Hopefully this means the money is coming soon!!

 

Gooders

If I have helped tip my scales:)

 

I am not a legal eagle, professional accountant, [problem] artist or axe murder so please bear in mind that my advice is just that advice from someone in the same boat as you.......

Claims:

Lloyds TSB Acct 1 - S.A.R - (Subject Access Request)'d/Statements received/£2500ish to be claimed + contractual interest

Lloyds TSB Acct 2 - *WON* over £5K won with compond CI at 28.9%

Lloyds TSB PPI *WON* - CCA'd/They cant find agreement/£2650 awarded

Halifax TSB Closed account issues*WON* - £610 in compensation for an account closed with £10 in it!

Student Loans - 20 Feb 07 CCA'd/on back burner for now

 

Hmmm seems Im on the right end of winning, God that feels GOOD!

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  • 2 weeks later...

Well another update.

 

**** had until 7 Jul 07 to lodge their defence and guess what, they havent so I gave it over 2 weeks and today I filed for judgement. WooHoo!

 

I was getting concerned over the compound un-authorised interest thing but as they have decided to give me a damn good ignoring, the judgement is in the post!!! Oh yeah and as soon as that arrives on my doorstep warrant for execution is winging its way in!!!!

 

Gooders

If I have helped tip my scales:)

 

I am not a legal eagle, professional accountant, [problem] artist or axe murder so please bear in mind that my advice is just that advice from someone in the same boat as you.......

Claims:

Lloyds TSB Acct 1 - S.A.R - (Subject Access Request)'d/Statements received/£2500ish to be claimed + contractual interest

Lloyds TSB Acct 2 - *WON* over £5K won with compond CI at 28.9%

Lloyds TSB PPI *WON* - CCA'd/They cant find agreement/£2650 awarded

Halifax TSB Closed account issues*WON* - £610 in compensation for an account closed with £10 in it!

Student Loans - 20 Feb 07 CCA'd/on back burner for now

 

Hmmm seems Im on the right end of winning, God that feels GOOD!

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Well done Gooders,

 

Once they pay that bit up are you going to go after them for wasted costs..?

 

Ian

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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Ian,

 

Keen to get anything I can........where can I get info on the wasted costs?

 

Gooders

If I have helped tip my scales:)

 

I am not a legal eagle, professional accountant, [problem] artist or axe murder so please bear in mind that my advice is just that advice from someone in the same boat as you.......

Claims:

Lloyds TSB Acct 1 - S.A.R - (Subject Access Request)'d/Statements received/£2500ish to be claimed + contractual interest

Lloyds TSB Acct 2 - *WON* over £5K won with compond CI at 28.9%

Lloyds TSB PPI *WON* - CCA'd/They cant find agreement/£2650 awarded

Halifax TSB Closed account issues*WON* - £610 in compensation for an account closed with £10 in it!

Student Loans - 20 Feb 07 CCA'd/on back burner for now

 

Hmmm seems Im on the right end of winning, God that feels GOOD!

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Well here we go..........

 

Judgement by Default received and it was dated 26 July 2007!!!!:-D

 

I was thinking of giving them the good old 14 days before sending the baliffs in.....what do you recon??

 

Gooders

If I have helped tip my scales:)

 

I am not a legal eagle, professional accountant, [problem] artist or axe murder so please bear in mind that my advice is just that advice from someone in the same boat as you.......

Claims:

Lloyds TSB Acct 1 - S.A.R - (Subject Access Request)'d/Statements received/£2500ish to be claimed + contractual interest

Lloyds TSB Acct 2 - *WON* over £5K won with compond CI at 28.9%

Lloyds TSB PPI *WON* - CCA'd/They cant find agreement/£2650 awarded

Halifax TSB Closed account issues*WON* - £610 in compensation for an account closed with £10 in it!

Student Loans - 20 Feb 07 CCA'd/on back burner for now

 

Hmmm seems Im on the right end of winning, God that feels GOOD!

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  • 2 weeks later...

Well I got bored with waiting and as they have never responded to me I thought that I would go with the straight forward route of waiting for the judgement and THEN going for the jugular!!! Then I should let you know after a single letter of "pay up or I send the heavies in" they paid up with in a day!!!! Thank you LLoyds for over £5k......Mods please mark this as WON as I now have the money in the account!

 

Please note I pledge to give 5% to this group because of all the help I have received!!!!

 

Good luck to you all and now for me onto the next one!!!!

 

 

Gooders

If I have helped tip my scales:)

 

I am not a legal eagle, professional accountant, [problem] artist or axe murder so please bear in mind that my advice is just that advice from someone in the same boat as you.......

Claims:

Lloyds TSB Acct 1 - S.A.R - (Subject Access Request)'d/Statements received/£2500ish to be claimed + contractual interest

Lloyds TSB Acct 2 - *WON* over £5K won with compond CI at 28.9%

Lloyds TSB PPI *WON* - CCA'd/They cant find agreement/£2650 awarded

Halifax TSB Closed account issues*WON* - £610 in compensation for an account closed with £10 in it!

Student Loans - 20 Feb 07 CCA'd/on back burner for now

 

Hmmm seems Im on the right end of winning, God that feels GOOD!

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