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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 160 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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GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!


GaryH
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Thanks saj, I intend to!;)

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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:) WELL DONE GARY!:)

Did you call Mr Thomas?

Kingliam

:!:

 

On behalf of the Ginger one

Lloyds TSB - 1ST 12/07/06-LBA 26/07/06-MC-14/08/06-Court-31/01/2007

Halifax - D P A 02/10/06

On behalf of MumKing

Barclays Bank D P A 29/08/06

 

On behalf of DJ Sunny

Alliance & Leicester D P A 29/08/06

 

On behalf of GrandmaKing

GE Capital D P A 30/10/06

Barclays Bank D P A 30/10/06 - 1ST 15/11/06 *Microfiche [problem]

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Cheers KL.

 

Tried to. Shock horror he's "out of the office" today. Told a lackey that unless I get either a cheque or their court documents by Friday morning, I'll be applying to strike out their defence on Friday afternoon. She reckons its already been sent, but we'll see.

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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Fantastic news Gary - congratulations. You're an inspiration to us all

 

Bunnykins

Laura Ashley - Prelim Letter Settled in Full £100

Tesco (RBS) - LBA - offered £64 - still owe me £136.19 - second LBA letter sent 12 Nov 2006

Mint (RBS) - LBA - offered £54.23 - still owe me £70 second LBA letter sent 14 Nov 2006

LLoyds Gold - Moneyclaimol 12 Nov 2006

LLoyds Plat - Moneyclaimol 12 Nov 2006

Lloyds Classic - LBA letter sent 12 Nov 2006 for £2,593

Lloyds Classic - LBA letter sent 12 Nov 2006 for £508.65

MBNA (2 accounts) - Two goodwill payments received so far totalling approx £700 - just going in for the final kill!

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I tried to negotiate the "cheque" but they paid it in to my account today !

see my thread

xx

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Cheers Matt, I appreciate that.:)

 

Lloyds are in capitulation mode this week by the looks of it, we've had loads of settlements in the last 7 days - I'm sure yours will follow before too long.

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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Thanks again everyone:)

 

The cheque has arrived at last!!!! Big thanks to everyone who helped me, especially at the beginning - and obviously to the sites founders. Lets face it, if it were not for them I doubt many of us would have had so much as a penny of our money back! I, for one, would'nt have known where to start if it were not for this site.

 

Survey completed and donation made this morning.

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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WELL DONE GARY!

:):D

I'm really pleased you didn't have to wait until March. You must be so relieved to be finally rid of them - I know I can't wait.

 

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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CONGRATULATIONS GARY

 

oh and a very merry christmas!!!!!!!

the train of thought has left the station, hope i was on the right platform!!

 

____________________________________________________

Lloyds TSB

prelim sent 06/07/06 response rec'd 14/07/06

LBA sent 20/07/06 response rec'd 27/07/06

Moneyclaim filed 22/08/06 Ack'd 30/08/06

Defence filed 26/09/06 AQ filed 12/10/06

hearing set for 10th Jan 2007

 

Cap One

prelim sent 2nd Nov 2006 First offer rec'd 14th Nov

any thoughts, suggestions or advice given by MBQ are done so without prejudice. All information I have, i have learned from this excellent site. If in any doubt, seek professsional advice.

 

 

 

 

 

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I'm celebrating, Gary with a tipple on Friday ( no school next morn..lol) but it looks like we'll be having a big party here in the Lloyds section, I'm losing count of the settlements this week ! Brill eh....

think I'll bring Jack Daniels and the sausage rolls, what you bringing?

xx

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Great News on the cheque Gary, well done!

 

Freebird, Ill bring the coke to go nicely with your JD!

 

Anyone got any ice?

Kingliam

:!:

 

On behalf of the Ginger one

Lloyds TSB - 1ST 12/07/06-LBA 26/07/06-MC-14/08/06-Court-31/01/2007

Halifax - D P A 02/10/06

On behalf of MumKing

Barclays Bank D P A 29/08/06

 

On behalf of DJ Sunny

Alliance & Leicester D P A 29/08/06

 

On behalf of GrandmaKing

GE Capital D P A 30/10/06

Barclays Bank D P A 30/10/06 - 1ST 15/11/06 *Microfiche [problem]

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Hi Gary,

brilliant new really pleased for you. Your persistance has finally paid off.

Lloyds have had a few big hits this week, with your settlement, freebird's, ianfm and a few others. Its a great inspiration for the rest of us. Nice to see em hit where it hurts!!!

 

thanks for all the great tips and advice you have been posting, i have used a few myself recently...

 

I am sending my 3rd letter to SC&M right now, pretty much as per one of your postings. Hopefully not too far away myself now, their one month stay is up!!

 

I'll raise a glass to you tonight, and to all of the other wins this week.

 

WELL DONE AND CONGRATULATIONS!!!! :smile:

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How long after you receive the settlement letter do you receive your money?

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4190 - Rjh v Lloyds Tsb.

Dpa Sent (13/04/06).

Statements Recevied (04/05/06).

Preliminary Letter Sent £775 owed! (12/05/06).

Received Standard Reply from Lloyds. (17/05/06).

Posted LBA (31/05/06).

Received Lloyds "Final Response" Letter (03/06/06).

Filed Claim with Moneyclaim for £775+£192.19 interest. (21/07/06)

Lloyds defend claim (23/08/06)

**Lloyds pay up, at last. £1078 (14/11/06)**

 

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Depends whether or not you accept the conditions (which is not recommended!) If you do, probably about a week or so. If not, anything between a week to a month longer, depends on the circumstances of the particular claim.

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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:lol: CONGRATULATIONS:lol:

& thanks for all the help so far! Like you say after 6 mths or even years of threats,scares & coercesion from the T&C PENALTY POLICE we all deserve a,

:grin: :grin: !!POSITIVE RESAULT!!:grin: :grin:

The law states that a clause is a penalty if it provides for “a payment of money stipulated as in-terrorum of the offending party”. I.e. it is punitive, designed to scare or coerce or it is used as a threat.

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congratulations - gives us all hope

thanks very much for all your help also lol :p

hairybear ;)

 

lloyds tsb - preliminary sent 25/07/06 (recorded)

replyed 08/08/06

08/08/06 lba letter sent(recorded delivery)

01/09/06 sent 2nd lba letter to lloyds replyed

08/09/06 told not doing anything no offer made :mad:

19/09/06 - filed claim with money claim,

20/09/06 - issued

02/10/06 -claim acknowledged

19/10/06 - defence served

24/10/06 - copy of defence & AQ recieved

07/11/06 - deadline for AQ return

07/11/06 - took AQ to courts& paid £100

07/11/06a lso sent copy to SCM recorded with another copy of charge

10/11/06 recieved copy of **** AQ, requesting 1 month, also stating not available november

16/11/06 recieved court date set for FEBRUARY 13th 2007

 

 

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  • 1 month later...

Hi just wondering do you think that it would be ok to use this statement of evidence for a claim of over £12000 against the halifax, as this will probably be treated as a fast track claim. Should i just change the wording from small claims to fast track? Also could i trouble you for a copy of that letter re Lloyds TSB customer services recovery. Wishing you a great xmas and a very prosperous new year. Thanx again.

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Give me a day or two - I'm working on a more broadly applicable statement at the moment which will be more suitable for your Halifax claim. I'll post it as soon as its ready.

 

Yes, PM me your address and I'll send you a copy of the letter.

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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