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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
      • 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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GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!


GaryH
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Thats a pain, especially when you consider those cases will probably never reach court. Still, to quote a much used bank phrase, interest is accruing daily.

 

Mindzai

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

 

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Some progress to report;

 

I applied for the stay to be removed on 25th Sept, basing my application around the excellant template from the library. Although I asked for the application to be considered without a hearing (costing £35 rather than £65), I had a letter from the court a couple of days ago and there will be a hearing for my application on the 19th October. The best bit is that the defendant has to attend to, so it should be interesting to say the least!

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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The best bit is that the defendant has to attend to, so it should be interesting to say the least!

 

Think that will be payment before 19th Oct then m8 ;)

 

Doubt that they will turn up, but how interesting if they did !!!!

Data Protection Act Request sent 22nd April 2006 (recorded delivery) to Penny Berryman 40 days up on 1st June 2006.

 

Statements recieved 5th May 2006

Claiming back = £3913.65

 

Preliminary Letter Sent 5th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 9th May

 

Letter Before Action Sent 9th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 12th May

 

Moneyclaim filed issued 6th June (14 days to reply) Time up on 20th June.

 

Acknowledged 15th June (28 days to defence)

Time up on 13th July.

 

Defence Recieved 7th July

 

Going Before the Judge 15th September

 

Court Date 5th December

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Well done Gary.

I will be watching your thread with great interest.

Havent got a date for mine yet

 

Sweetpants

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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Well done Gary. I hope you get a result in the not too distant future.

 

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

 

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Thanks everyone. I'm just about prepared I think. Basically I'm just going to summerise the most important points from the written application, making sure I emphasise the fact that Lloyds are blatently abusing the court system as a major tactic of their litigation stratagy. Can't wait to see if they do actually turn up or not. Suppose they might send a local lacky like they did with Wolfcub. Soon find out!

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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Good luck Gary, I will be thinking of you on the 19th. Any particular time? My internet access is a bit sporadic but I will keep watch.

Best wishes,

Cat

29 March 2006 Data Protection Act Request sent for ac 1 (then she got a bit distracted but got another charge so...)

27 May Prelim letter sent for ac 1

27 May Data Protection Act Request sent for ac 2 & 3

21 June Prelim Letter sent for 2 & 3

14 July LBA sent with schedule for ac 1 & 2 & 3

7 August MCO filed – defence expected 10 September

11 September defence filed - signed Sean Copping

12 September AQ form received

18th September AQ sent back to Lambeth Court and copy sent to solicitors both recorded delivery

13th Feb 2007 Court Date Set

15th Feb Reclaimed Money is in my bank Account

 

Cat's opinions are those of a nurse and most definitely, definitely not those of an accountant or solicitor, although she was always quite good at sums and elocution.

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Thanks Cat. The hearings at 10:30, so I'll post how I got on as soon as it finishes.

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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Good luck Gary, got my fingers crossed for you mate.

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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Fingers crossed for you Gary. Be interested to hear the outcome!

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hi Gary

 

Any news ??

 

Sweetpants

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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Gary, what happened on Thursday ?

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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This is most unusual. Is all OK Gary?

Thinking of you.

Cat

29 March 2006 Data Protection Act Request sent for ac 1 (then she got a bit distracted but got another charge so...)

27 May Prelim letter sent for ac 1

27 May Data Protection Act Request sent for ac 2 & 3

21 June Prelim Letter sent for 2 & 3

14 July LBA sent with schedule for ac 1 & 2 & 3

7 August MCO filed – defence expected 10 September

11 September defence filed - signed Sean Copping

12 September AQ form received

18th September AQ sent back to Lambeth Court and copy sent to solicitors both recorded delivery

13th Feb 2007 Court Date Set

15th Feb Reclaimed Money is in my bank Account

 

Cat's opinions are those of a nurse and most definitely, definitely not those of an accountant or solicitor, although she was always quite good at sums and elocution.

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Hi all,

 

Sorry I would have updated before, but I got made redundant last week :mad: and with that I lost my main source of internet access. Online again in the new house from tomorrow though, so It'll be back to business as usual;) .

 

Anyway, the stay has been removed!!! SC&M did'nt turn up though (shock!), just sent a letter saying they did'nt object to the stay being lifted in this particular case and that their non-attendance was due to "an effort to keep costs to a minimum". I put my main points to the judge, who accepted them completely and was seemingly very sympathetic the arguements.

 

So basically, to anyone else who's case is subject of a stay, I would certainly advise you to try to get it lifted. Chances are you'll be successful. To be honest, the points and arguements contained withen that stay removal template are so compelling that any judge could'nt fail to be swayed by it.

 

Just waiting for the directions and a definate court date now, although he said it will be sometime in December. I also pressed for an order of standard disclosure to be made so Lloyds are obliged to reveal there costs, which the judge said he would consider.

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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Sorry to read about your other news. I hope things turn in your favour soon.:)

 

Elsinore

 

Cheers Elsinore, to be honest though its probably a blessing in disguise - the company was going downhill for ages. Should'nt have a problem finding another job either I don't think, in fact I've got an interveiw this afternoon.

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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Hi Gary

Sorry to hear about the job news but well done at court

 

Sweetpants

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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It means I'll get allocated a court date and then the onus is back on Lloyds to either; settle on my terms, or; primarily comply with the judges directions (which will hopefully contain an order of standard disclosure) and then ultimately defend the case in court.

 

EDIT; Thanks Sweetpants. How's your case going? I'll pop over to your thread in a bit.

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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Oh Gary, what a time you've had mate...hope it's all fate and you've got something much better around the corner luv..it'll work out, you'll see.

Good news re court eh..still playing silly buggers but closer now, fingers crossed..the court date should make them move......

 

 

I'm faxing like mad now..can't be doing with their bloody "clearing dept"

 

good luck with the interview...

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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Hi Gary

Took paper to court on 4th and had letter on 17th saying deemed served on 18th and defendant has until 01 november to repy.

Do I have to post the claim number on here somewhere

 

Sweetpants

Lloyds Data Protection Act Delivered by hand 23/08 --Prelim & claim for 3 yrs @ £4011.58 by hand 30/08/06 "sorry your not happy" letter received 5/9 LBA going out on 13th .Enforcement notice received 8/9 Reply sent 12/9.LBA delivered 13/09.:cool: Claim Filed 4/10 £4804 "Sorry Enforcement notice was mistake.Anything we can do to help blah blah" letter rec 5/10:o Court claim deemed served 18/10

Lloyds filed acknowledgement 20/10.They now have 28 days to file defence.Defence filed and AQ received 9/128-)

Court date set 14th Feb.Court bundle sent.Nothing rec from [problem]

****WON*****.

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Thanks Freebird - I got the job if I want it. Got another interveiw tomorrow though so hopefully I'll be able to choose between the two.

 

Sweetpants,

 

Yeah post the claim number, etc to a mod who will add it to the lit in progress section.

 

So much for Swindon CC "clearing the backlog of claims within a few days" as they told me a few weeks back. Thats an absolutely shocking turnaround time from issue to service even if they are short staffed. 14 days!!! Thats got to be the worst delay out of the whole country.

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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good news with the job Gary well done..

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 !;)

Link to post
Share on other sites

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Please

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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