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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 
      • 81 replies
    • 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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Jbro -v- Lloyds - just starting out


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Well I have to say this place is the bees knees, thank god I found it. I have previously sent off (via Martins money tips) the standard format letter for requesting my statements to calculate the charges, had 2 replies both sayihng "sorry to hear your complaint" which is funny because i never mentioned any complaint I just sent my tenner asking for the info. So ok I need to check my account to see what's happened to the said tenner but what's my next step, do I just send another letter direct to Penny Berryman? Well done to all those who have succeeded and for sharing your experience, without it we wouldn't have a clue. Look forward to hearing from you. x

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  • 3 weeks later...

Hi me again, I have read some of the FAQ, I haven't been back on because I thought (ha ha) that things were moving after sending my second letter to the same person requesting the same information I then received a letter dated 6th March saying blah blah blah sorry about your complaint etc etc, waffling on as they do, at the end of the letter is said they would accept my request under the data protection regarding my 6 years worth of statements and they would be forwarded under separate cover in the next 3 weeks (latest 27th March). So I was waiting to see if they appeared before that date, yesterday I received a letter saying in reference to my complaint saying the enquiries will be completed within the next 4 weeks (ergo dragging it out longer).

Now according to my previous letter dated 7th February they have 40 days to send me the statements I have asked for or to just respond regardless of how long they drag it out for? Which is it? If it's the first then is it 40 days inc of weekends or not? I just want my friggin statements, they have taken the £10 and it's like trying to get blood out of a stone and starting to really hack me off. Why can they not reply to my simple request? Sorry had to get that off my chest. x grrrrrrrr

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Well I rang that no and she qot snotty saying they don't deal with that sort of thing they are internal and dont' have access to personal account info or statements. Am going to call the no on the letter I received and tell them they have 7 days to get the information to me or I will commence proceedings. Is this right? x

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Hi again

Sorry they weren't able to help, I know some people have had their statements after ringing that number.

Have a look at the link below for what to do next:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.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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  • 2 weeks later...

Well I sent that letter on 23rd March giving them 7 days I have seen bugger all and still haven't had my statements and they took the £10 are they cheeky b*****ds or what?

So how do I proceed when I dont' know what figure I'm claiming, although I know it will be a 4 figure sum I am sure as we have had quite a lot of problems with them in the past.

Any suggestions on my next action, many many thanks to you.

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  • 2 weeks later...

Hi its me again, I haven't been on for few days as kids been off and been busy. Anyway I got a letter off Miss Kerry Parfitt yesterday basically completely ignoring my LBA letter dated 23rd March, the letter stated they are sorry they are not in a position to respond fully to our complaint and have included a Financial Ombudsman leaflet. So they have taken my £10 and as yet have not even sent me my statements.

NOW I AM VERY P****D OFF THEY ARE REALLY TAKING THE P*** OUT OF ME WHICH IS NOT ON.

I have read the previous post and copied it but not sure what exactly I am doing now. How can I start court proceedings if I haven't got my statements as I don't know what the value they owe me is. They are just being complete nobs now and yes I am very angry. I need to chill out but I feel they are so disrespectful. They cannot get away with this.

So what do I need to do and please explain it in noddy terms so it's easier. Many thanks. x

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Hi

Yes you need to start the Court claim as they haven't complied with your SAR. You have sent the letter in post 9 haven't you? Then you need to file a Court claim as in post 13 above.

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 Barty yes I sent that one on the 23rd March (not recorded delivery or anything just first class) but I have since received their reply so they have been getting my post. The court order looks quite complicated. Do I fill in an N1 form or is there another form? Is this where I complete my form in triplicate and pay my £120 or is this before then? Cheers. x

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Hi

You would need to use an N1, there should be a downloadable form in the link above I think. I'm not sure how much the fee would be though, it might tell you on the link.

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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Ok I have started to get my head around some of this now, I understand I am doing the N1 form (familiar with that one unfortunately) for the DPA order. So this is a court order which is not claiming the charges (because I don't know them yet) but an order to get the bank to send me the info in the first place, correct? Has anyone done this before and what did they pay for their costs, what damages did you put down, I have my considerable time spent writing up letters, getting information/advice, postage and a couple of telephone calls. Not to mention how irritated I am about being completely fobbed off by this toss pot bank, sorry, I digress.

Once I get this filled in what is the likely outcomes from this? Many thanks yet again.

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Another update, I forgot with my hubby being self employed we happen to have all our statements going back to 2001 and poss earlier. Now we have several charges which I need to clarify - Overdraft excess fee comes to approx £1100 over that period (few dates to check so this is the minimum), I also have unpaid DD fee of approx £700 and unpaid cheque of £57.50. Is it just the o/d excess fee we are claiming here?

So I will go through them all again to confirm the amount I can now use this and go ahead with the N1 claim rather than SAR yes? How do I layout my charges and how do you provide a copy of the info as copies of the statements will be rather a lot? I feel much better now knowing I can just start the process and their procrastination hasn't done them any favours whatsoever! x

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Hi

That's probably why they didn't send statements, I think (not 100%) if you have your own business you are supposed to have keep your own statements for so long (I might be totally mixed up there??)

You can claim o/d excess fees. o/d usage fees, unpaid dd, unpaid so, unpaid cheque fees.

Right once you have added all these up, put them on a spreadsheet:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Then send a copy of your spreadsheet with the Prelim letter:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

Send it to:

 

Customer Care

Lloyds TSB

125 Colmore Row

Birmingham

B3 3SF

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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Thanks Barty I have copied the letter and tried looking at the spreadsheet (just the simple one for now) but I can't seem to get into any of them at the mo, don't know if it's my pc or on here, I am pretty good with excel etc so am i just to type it out listing each date and amount and type of charge in a logical layout totalling it all the bottom? How many years are we to go back here after reading that other post about going back as far as you can? Is anyone else having probs accessing the spreadsheets? x

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Yeah I haven't been able to access any of them since joined the site. :(

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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  • 2 weeks later...

No with being self employed he has copies sent like any normal account so that shouldn't make any difference.

However, update!!!! Sit down as this may shock you - my information turned up yesterday after sending the non compliance one, I gave them 10 days and sent it recorded to my branch and it seemed to get through. They knew damn well what I was after it for because the covering letter states you may now proceed with your bank charges claim..... So it just goes to show they were dawdling because they wanted to drag it out as long as possible.

So I still need an example spreadsheet as I couldn't get into the ones you directed me to before, can anyone send me one minus their personal details to give me an example? Many thanks.

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Many thanks Barty, I have copied and saved and will have a play with this. Hopefully will be pretty straight forward. Have a good day.

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