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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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R33 vs Lloyds TSB ****WON****


r33
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Hi all, well here goes I sent my 1st letter today asking Lloyds TSB for £795 charges back. I'll update thread when i've heard from back from the bank. The only thing that I'm a little nervous about is filling in forms so I'm hoping that they settle before i need to fill in the Summary Cause forms for court action.

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Guest Niklowe

Hi R33,

 

Don't worry there plenty of people here that will help you if you need it. By that time comes you'll probably be a wiz here anyway.

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Hi all, well here goes I sent my 1st letter today asking Lloyds TSB for £795 charges back. I'll update thread when i've heard from back from the bank. The only thing that I'm a little nervous about is filling in forms so I'm hoping that they settle before i need to fill in the Summary Cause forms for court action.

 

You wont have any problems ;-)

 

I copied almost exactly the info here ~~> http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

 

And was succesful with 2 claims against LTSB, they settled them both 2 days before the court hearing date, they like to make you sweat, but dont take it personally ;-)

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A couple of questions if someone could help.

1st - The account i'm claiming on is a joint account, should i have had my wife also sign on the bottom of the claim letter or was my signature enough.

2nd - I sent the first letter claiming unfare charges to my local branch recorded deliver, was this the correct place to send this or should I have sent it elsewhere.

 

Thanks in advance for any help and advice.

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Well I received a letter from the bank today to say they have received my complaint and it will take about 2 weeks for them to investigate my claim. I’m due to send my LBA letter this Tuesday, so do I go ahead and send the LBA or give them 2 weeks to investigate the claim:idea: . Any advice welcome thanks.

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  • 2 weeks later...

I’m due to start a Summary Cause next Wednesday, the only thing I’m a little worried about is getting caught on a technicality and having to pay court costs because it’s a Summary Cause. The only thing I have done wrong is when I sent the first letter requesting my charges back I signed the letter myself forgetting that it was a joint account with my wife, but both of us signed the LBA. Does anybody know if this is something I should be worried about? Any advice is much appreciated.

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  • 3 weeks later...

Sorry I haven’t posted for a while but here the story so far, got the usual response (Our prices are fair and we have to act quickly Blah, Blah, Blah). Went to Hamilton sheriff court and raised a summary cause, got my paperwork back from the court on Friday and I’ll be going to the sheriff’s officers tomorrow to serve on Lloyds. My return date is 24th May and court date is 31st May. I know from reading some threads that I’ll call the court the day after the return date to see if Lloyds are launching a defence. It’s the next step that I’m a little vague about so any advice would be much appreciated.

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If it goes to the hearing date this is just a preliminary hearing so the judge can ascertain if you and the bank can come to an amicable agreement, if not then a proper hearing date would be assigned... dont worry tho, very unlikely it will come to this and if it ever did theres no need to prepare any documentation for the initial hearing... ur only a day ahead of me LOL my return date is 25th May and hearing date is 1st June ;)

 

Keep us posted.... be watchin with interest as I'm with TSB as well..

 

Jaybabes :D

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  • 3 weeks later...

I recieved form 1 Summary Cause back from the SO, i read in another post that once form 1 has been sent back from the SO i should then hand them back into the court. Is this correct as i thought that i just called back the day after the call back date to see if bank are defending. Could someone please advise thanks.

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I am at the same stage as you and also doing a summary.When you get the form 1,1b back from the SO,you must take it back to the court before the first date or YOU will lose through default

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I am at the same stage as you and also doing a summary.When you get the form 1,1b back from the SO,you must take it back to the court before the first date or YOU will lose through default

 

From what i can see your talking nonsense!!

 

It states quite clearly on the guidance notes, the forms should be returned 2 days before the calling (or hearing) date

 

If you do not return the forms by the return date, you will NOT lose be default as you have been misinformed above.

 

S

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Thanks guys, i took the forms back to the court today anyway. I'll post back on the 25/5 the day after my call back date and let you all know if the bank have responded to the summary cause.

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WOO HOO I WON.

Just went onto internet banking there and noticed that all money due plus interest put into my account so i'm well chuffed. Thanks to everybody for the advice and i'll be making a donating soon.

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