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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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s1gar v LloydsTSB ** WON **


s1gar
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dear all

i am a new member and in the process of claiming back my back charges. i have all my statements and worked out i have £815 in bank charges. i have used the template from this site and i am ready today to send my prelim asking for my money back letter. i think i have made a mistake. do i ask for the interest on the money they have stolen off me now or does this come at a later stage? i have filled out the spreadsheet for calculating interest and this comes to £221 a total of £1036. i think i have mistaken overdraft interest i have been charged including my bank charges with the interest on my charges to date (if that makes sense). below is an extract from the letter (i have slightly modified it). is this ok. ps i have not sent it yet and have no intentions of sending until i get some feedback.

 

What I require

I calculate that you have taken £815.00 plus £221.59 interest (to date) for the sum which you have taken. Total £1036.59.

I enclose a schedule of the charges which I am claiming with this letter

 

now this is what it origianally said

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

thanx in advance for any help and like i say i could do with getting this sent today. the question i am asking is if what i am doing is wrong!!!!

 

cheers all without this site i would not even think of doing this.

 

 

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its ok all. its me not reading things properly. i will continue to post timescales and whats happening on here.

had a ding dong with the bank this morning over charges for my select/platinum account. charged me 4 times in one month for the account in the back end of 2005. again i would not have noticed it if i was not going through this process. £22 up already. cheers all

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I asked for my 6 year charge statements while i was on the phone to telephone banking. this was 3 weeks ago and they have arrived but i have not been charged the £10 yet :D . The downside is if they had not come i would have no proof i asked for them and would then have to write for them. just thought it was worth saying it may save some time. :|

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this is just a suggestion that was a little easier. the SAR is only asking for information and like you say probably would be better if they dragged their heels over giving it to me. but this has saved me some time i believe with a low risk gamble if you like. it is important to continue the rest of your claim with documented information for proof of dates ect... but basically the telephone banking is a suggestion. it saved me time and bother and its not that important to my case, i believe, that it was not in writing or recorded as it came well within the 40 day limit.

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  • 4 weeks later...

hello all back again

 

right i sent my prelim letter got the standard reply back so waited the 14 days and send my LBA letter also got the standard letter back back saying they think the charges are fair etc etc..... today i have applied to moneyclaim online and sorted out my claim details. i am after a little help. how long do i now have to wait? is it 14 days again or 28? i found this information confussing on the step by step guide. also i notice people have had a lot of "good will gestures" of £750 have been paid out. i have had nothing like this. is this common? i am only claiming £850 though.

 

cheers in advance for the help.

 

simon

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Hi Simon

Lloyds have 14 days from the date the claim was served (it is served 5 days after you filed it) to acknowledge the claim, and then 28 days from the date it was served to enter a defence. You will then receive a copy of their defence and you may receive an Allocation Questionnaire to fill in. These links will help you with that if you do receive one:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

And have a look at this link to help you with the MCOL:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

Not everyone get the "Goodwill" payments, so nothing to worry about.

 

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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ha haaa, although i shouldt be laughing. i have just noticed i used a template for my paticulars of my claim but, by accident, left in the "[enter interest total at date of claim]"!!!! will this matter?? i have put in the figure of the interest but just left that piece of text in. lol whats worse is i checked it about 20 times before i sent it. i did it using mcol i dont suppose i can ammend it can i?

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OOOOPS ...... not alot you can do now.....:lol:

I shouldnt worry too much about it

XxXxX

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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As long as you put the actual figure of interest in then i shouldnt worry.

 

By all means ring the court if it makes you feel better, but it costs £35 to amend a claim.

 

Dont worry, we all learn by our mistakes.....you wont do it again...

:lol:

 

At least yours is only a little error. I forgot to put the interest in altogether (good job it was only £35 as my claim was quite small).

 

XxXxX

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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  • 2 weeks later...

the 14 day's is looming (monday to be exact) i got a letter from the courts saying use the 30th of april as the date the papers were served (issued on the 25th). now my mcol has not updated yet but i presume it will say if the claim has been acknowledged? and if that happens they have another 14 days (28 days from the date the papers were served) to submit a defence. is the end in sight i wonder as my original claim is only for £850 and i am really not looking forward to completing the Allocation Questionnaire. it looks confusing (i dont think i am stupid, i am a aerospace designer (who wont fly), worried? you should be :eek: ) lol. anyway how much longer can this go on for now?

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Hi

It will come up on MCOL when the claim has been acknowledged and when they have entered a defence.

You may not now get an AQ to fill in, have a read of this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

You can expect a settlement anytime between now and a day before your Court date.

 

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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Hi

I would give them another couple of days, then let us know if they still haven't acknowledged. What address did you use for Lloyds on the claim by the way?

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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  • 3 weeks later...

hello all again!

right 2 weeks ago on mcol it said in the claim box "defence" now i am presuming that ltsb have submitted a defence with regards to my claim. now i think i get a aq to fill in at this point but when am i likely to receive this as i have had nothing back yet! my papers were served on the 30/4/07 and how much longer is this likely to go on for? no wonder the banks do this because some people i imagine would give up along the way as it sure is long winded. i am a trooper though :-/

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Hi

You usually get a couple of weeks to fill in your AQ, that's if you get one.

If you still haven't received anything in the post, maybe give MCOL a ring.

It could be months yet before you get your money, but hopefully it won't be as long as that.

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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