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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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      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.

Sparkle51 vs Lloyds ***WON***

sparkle51

By sparkle51
in LloydsTsb Successes

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hagenuk

hagenuk

Posted
Posted

If you have received a judgment in default and received the N30 - Judgment for Claimant (in default) from the court, then you have two options. Read here for more details.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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sparkle51

sparkle51

Posted
  • Author
Posted

Thanks for that, will send a letter off, do I send it to Solicitors or to Lloyds or perhaps both? Did get a letter from Lloyds the other day saying that the had seen i had filed a claim and their solicitors were dealing with things - they are a bit behind as I had got a judgement by the time they wrote the letter!!

 

J

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hagenuk

hagenuk

Posted
Posted

You have done the right thing, but you should be aware that the banks and their solicitors know how the system works and know how to make it work to their advantage - default judgment is not always the best course of action as it is very easy for the defendant to have the judgment set aside under CPR 13.

 

Your objective here is to get paid, not to obtain default judgments or warrants of execution, as they can all be stopped by a determined defendant. Lloyds have the money, they are just a bit busy right now...

 

I would send the letter to Lloyds only, ignore their solicitors unless you have been contacted by them. Let Lloyds forward or copy any letters if they wish, you are not obliged to do so on their behalf.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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  • 2 weeks later...
sparkle51

sparkle51

Posted
  • Author
Posted

I've won!!!!!!! £3242 deposited into my account yesterday, I had issued a warrant last Friday without writing to either Lloyds and Solicitors. Have got all costs & stat interest, never went near a court and did nothing more than the straight forward process, will write to the court on Monday as off away for the weekend and make a donation, thanks to everyone, seems you can win by default.

 

Cheers

 

J

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hagenuk

hagenuk

Posted
Posted

Well done Sparkle!

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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GaryH

GaryH

Posted
Posted

Excellent, yet another Lloyds winner this week - thats the 7th or 8th I've seen in the last 3 days!

 

Congrats!:-D

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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notwatson

notwatson

Posted
Posted

Firstly, congratulations again - really well done.

 

I do have a question for you. . . .

 

Once your warrant was issued, what did you do ? - did you just sit tight and check your balance each day or were you pro-active and did you contact the court ?

 

My warrant was issued through MCOL on the 16th May - I would like to know whether I should be doing anything . . .

 

Thanks !

 

Jon

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sparkle51

sparkle51

Posted
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Once it was issued I did ring a week later both MCOL and then the mayors court in London, they couldn't tell me anything and suggested I rang back this week. I get a balance update on Friday lunchtimes by text so was very surprised when I got it through on Friday with a balance for £3,000 more than I was expecting. Have never contacted the solicitors or lloyds other than the prelim or LBA letters, was fully expecting a stay. Still received no communication from Lloyds re the settlement so have not signed any offers of acceptance etc like others seem to have had. In total it took less than a week after issueing the warrant.

 

Hope you get the same result.

 

J

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