Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

claiming against Lloyds


welshlady
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6201 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

hi, im new here. can any one help me? ive recently sent a letter to lloyds asking for my charges to be repaid, ive sent this to my local branch, have i done the right thing. where do i go next arghhhhhhhhhhhh

Link to post
Share on other sites

Hi & Welcome!:)

Don't worry your local branch should pass it on to the relevant department.

Which letter did you send? Do you know how much you are claiming back?

Good luck, let us know how you get on.

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:)

Link to post
Share on other sites

  • 2 months later...

can any one help? lloyds have put a defence in and i am awaiting a date for court hearing. i have read on this site that i need to obtain term and condition for when i opened my account. does any one know where i can obtain these from :?::?::?::?:

Link to post
Share on other sites

can any one help? lloyds have put a defence in and i am awaiting a date for court hearing. i have read on this site that i need to obtain term and condition for when i opened my account. does any one know where i can obtain these from :?::?::?::?:

 

 

We are collectiong them here

Link to post
Share on other sites

  • 2 weeks later...

hi, im not sure if this letter means i should turn up in court or if i just need to send the info they ask for could you take a look

before deputy district judge roozw sitting at bradfor county court, the law courts, exchange, bradford

upon the courts own mention

it is ordered that

1. by 4.00 pm 6th july the claimant do file and serve the defendant the following further information;

a. on what dates did the defendant levy the charges complained of

b. how much were they

c. whaqt reason was given ( e.g. unauthorised overdraft)

d. was the amount charged in accordance with the defedants terms of business at the time it was charged

e. what does the claimant say a fair charge should have been

f. how does the claimant calculate that a fair charge

2. in default, this claim will be struck out .

3. on compliance this file will be considered further by a distric judge and further directions given

Link to post
Share on other sites

You don't need to attend court. Send both to the court and the SCM a schedule of charges together with this:

 

IN THE XXXXXXX COUNTY COURT

 

CLAIM NO. XXXXXXXX

 

BETWEEN

 

XXXXXX XXXXXXXX

Claimant

 

-and-

 

LLOYDS TSB BANK Plc

Defendant

 

 

Pursuant to Order by District Judge Rooz Dated xx/xx/xx

a. On what dates did the defendant levy the charges complained of?

b. How much were they?

c. What reason was give (e.g unauthorised overdraft)

 

Please see the attached Schedule of Charges

 

d. Was the amount charged in accordance with the Defendants terms of business at the time it was charged?

 

The Claimant is aware that each charge has been debited by the Defendant from the Claimant’s account pursuant to the terms and conditions signed by the Claimant when the account was opened.

The Claimant does not contend that the same should not have been charged; merely that the charge made should have represented the Defendant’s liquidated losses and not the fixed charges applied by the Defendant according to the terms and conditions in force at the time the charge was made.

e. What does the Claimant say a fair charge should have been?

f. How does the Claimant caculate that fair charge.

 

The Claimant cannot specifically reply to this request in that the amount that should have been charged cannot be specified because the Defendant has failed to reply to the Claimant’s request for a breakdown of costs incurred by the Defendant in applying charges to the Claimant’s account. The Defendant’s contentions that the charges are fair, reasonable and transparent are denied because of this material failure to disclose this information. Had the Claimant been made aware of the breakdown of each and every charge debited, the Claimant would have been able to reply to this particular request.

 

I, the Claimant, believe all facts stated to be true.

 

Signed,

 

Dated.

 

  • Haha 1
Link to post
Share on other sites

is it possible to add charges? i am awaitinga court date and have been asked by the courts to send of a letter of charges. the amount has increased since i first started claiming. not sure what to do

can any one help

 

Link to post
Share on other sites

Yes however it will cost you £35 which you can not reclaim. Use the N244 to amend and add the charges. You could just wait and ask the bank to include the charges in your settlement or you could start a new claim on completion of this.

Link to post
Share on other sites

You can send them your schedule of charges up to the date you first filed (i.e your claim). You can't add anything on afterwards - although it might be interesting to inform the court of the further charges you are facing. Do it and see what happens :D

BTW haven't you got another thread somewhere? If so just keep using the one; don't start a new one every time you have a question. That way we can keep an eye on you and help every time you post.

 

If I have helped please click on the scales.

 

BD

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.

Link to post
Share on other sites

No need to shout (take your caps lock off).

 

Anyway here is your form:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

I would not amend the claim to include additional charges, it will cost you £35 that is non refundable and will cause a delay of a few months. Just start again once this claim is completed.

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites

I have an IDENTICAL order as welshlady (including deadline and judge ... see my thread). I like the letter you have included Michael Browne [post#8] - thanks for including it. My only concern is the sentence, "The Claimant cannot specifically reply to this request in that the amount that should have been charged cannot be specified because the Defendant has failed to reply to the Claimant’s request for a breakdown of costs incurred by the Defendant in applying charges to the Claimant’s account". I don't think I have ever explicitly asked for this info, though it was included in my allocation questionnaire as recommended in this thread. So is it still valid to include it, or is there some other wording I should use?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...