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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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jshtr3 v Lloyds TSB **WON** (no, really!)


jshtr3
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Bumpagain

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Not sure on this one as I haven't got that far yet.

Two options:

1. Find Mr. TBone's thread - he went down this route (probably on LTSB Success Thread)

2. Ring the court for advice.

dave.

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Cheers for that Dave. I've seen Mr.tbones thread (along with a number of others that have gone down the judgement route!) Unfortunately none of them say which form they used. When I spoke to the person at the court she was unsure which form I needed to use (think she was new) but said I should ring back monday and ask then. Problem is I want to request the warrant tomorow. Already 2 days over the deadline I gave them to pay. Ah well, back to waiting again :(

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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If you can get to the court I would have thought you could do it all there and then. But may be wrong.

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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In order to enforce this judgment you need to file for a warrant of execution. Use the N323 Request for warrant of execution for this and file it at the court where you obtained judgment. This form is very simple to complete although if you are unsure, come back to me and I can help further.

 

The N323 is here N323 Request for warrant of execution

 

This is the simplest way of enforcing the judgment, however be aware that even at this stage Lloyds my apply for a stay of execution followed by a set aside of the original judgment. They may apply for and be granted a stay without you being informed and the first you will hear about it is when you are informed of the hearing date for the set aside hearing.

 

The N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession you mention above would be if your claim was for over £5000. In this case you must issue a High Court Warrant or a writ of Fieri Facias, which are the High Court equivalent of a County Court Warrant of Execution. This will be collected by a High Court Enforcement officer of Sheriff’s Officer as County Court Bailiffs cannot collect debts over £5000. You may also use the High Court if your claim is over £600 but High Court procedure is more complex and expensive and as with the County Court, if your warrant fails for any reason then you will not be able to recover the costs, which in the High Court can run to over £1000 simply for reading the warrant.

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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Thanks for that Hagen. Really appreciate the help. I've been expecting a stay request for over 2 weeks and have written to them twice indicating i was applying for, and had gained judgement so I have lots of ammo if they do! Just got a bit confused over the "certificate of judgement" thing. Will fill in the form now and drop it at the court tommorow. Thanks again

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Filed the warrant at wakefield court today. Who knows how long I'll have to wait now???? Ah well, at least it gives me time to prepare my pre 6 years case:D

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Recieved notice of issue of warrant today from the court. HTere's a number to contact the bailifs on it so I'll be ringing them tomorow to see what's occurring. I'd like to think they're sending a big bloke with a rotwieler but I suppose they'll just write to them!!!!

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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OOOHHH, let me know how you get on as my deadline is tomorrow and a warrant will be obtained for me on monday!!!

caroline:D

 

p.s keeping fingers crossed for you!!!;-)

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Will do chuck, Just read this thread http://www.consumeractiongroup.co.uk/forum/lloyds-bank/92339-not-acknowledge-claim.html It seems that it only took 8 days from filing warrant to getting paid:) Could we be that lucky Caroline??????

 

Forgot to say, and mine for you

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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I WON!!!!!!!!! I can't believe it!! Checked my balance today and all charges have been refunded!!!!

Goodluck mate I know that if youre not celebrating today-you definately will be next week!!!!

caroline x

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Well done Caroline!

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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That's top news Caroline, well chuffed for you. What you gonna do with your winnings? No barty, Just got home and nothing in the post. This is a closed account so I've got to wait for a cheque:( Can't be too down though, The weather forecast is terrible and the roads are chaotic so it must be a bank holiday:D

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Hello again. Just a quick question. PM box was showing empty when I logged in. Checked email and recieved a message saying I had a PM Checked it and got this message from CAG bot

Hi jshtr3,

 

The following thread that you created has had its title edited

 

-----

Thread: jshtr3 v Lloyds TSB***WON***

Old Title: jshtr3 v Lloyds TSB

 

Forum: Lloyds Bank

-----

 

This is an automated message, please do not reply.

 

and another saying it's being changed back again! Whats going on and Is there a fee for this service?;)

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Hi

That's why I asked if you had won, as it said it your thread title **WON**. I think one of the Mods/site helpers must have read Caroline's post and thought it was you:???:

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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Yesterday I rang the bailifs office. They don't expect to hear anything from the big man with the dog for at least 3 weeks, so thats pants. Have now faxed and sent a letter to [problem], even though they have never written to me, asking what they intend to do about coughing up. Should be nice being ignored by a completely different set of people:)

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Update, rang [problem] today. Someone rang me back and asked my claim number. Apparantly they sent out a cheque yesterday for judgement amount and LTSB are sending a cheque to cover the warrant:D . Just faxed them to confirm the conversation (slimey slimey people) and will await the postie eagerly in the moring.

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Hello again. Just a quick question. PM box was showing empty when I logged in. Checked email and recieved a message saying I had a PM Checked it and got this message from CAG bot

Hi jshtr3,

 

The following thread that you created has had its title edited

 

-----

Thread: jshtr3 v Lloyds TSB***WON***

Old Title: jshtr3 v Lloyds TSB

 

Forum: Lloyds Bank

-----

 

This is an automated message, please do not reply.

 

and another saying it's being changed back again! Whats going on and Is there a fee for this service?;)

 

I think the MOD in question must have had power of foresight!

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Update, rang [problem] today. Someone rang me back and asked my claim number. Apparantly they sent out a cheque yesterday for judgement amount and LTSB are sending a cheque to cover the warrant:D . Just faxed them to confirm the conversation (slimey slimey people) and will await the postie eagerly in the moring.

 

 

 

Sounding good! Hope the cheque arrives today/tomorrow. As you know I'm about to do the warrant thing, so it's reassuring to hear of another recent success :)

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Hi Drifter. Unfortunately no cheque today, think [problem] pay a man purely to ring people back and say "cheques in the post" I hear this a lot (and have used it a few times myself:eek: )and he has the most convincing tone to date.

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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LOL

 

I think the MOD in question must have had power of foresight!
I knew they were good but.......:D

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Hi, I had two claims running in parrallell, the court combined them as one and the lower number is the lead number. One claim is for approx 4k and the other 9k. Do I do the single warrant thing or do I split them again and do one as a warrant and the other as the smaller claim - I am feeling blonde at the mo, I know it's probably a stupid question!

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