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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.

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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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Help with AQ Stage - LTSB


Simonlines
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Just to add to my previous post, I did in fact have my account reviewed with LTSB towards the end of Feb, all they done was try to sell me things. When I was firm with them and told them that I was not interested they couldnt wait to get me out of the door.

 

I did try and arrange a review with the bank yesterday in accordance with SC&M's request, however the bank said a review would be pointless because of the review in Feb.

 

I think what I will do is send a faxed letter to SC&M confirming the above and stating that i intend to continue the claim via the relevant litigation channels.

 

Does anyone agree this would be the best course of action for me to take?

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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Simon - out of interest (as I can't see it or I am having a blind moment), what is the amount you are claiming?

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Oh My God

 

Just received a call from my missus at home, who has a letter from SC&M offering full and final settlement ! ! ! havent seen the letter yet and the money is not yet in my account but it looks like I have won ! ! ! wow I'm so chuffed ! !

 

Will post again when i have read the letter ! ! ! !

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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Congratulations!

 

I agree with Gary on the "review" - the whole process seems ridiculously lengthened by LTSB and their in-house solicitors for no obvious reasons other than to "wear down" their opponents. Those "opponents" would otherwise, of course, have been loyal customers and extrememly grateful for a "no strings attached" immediate charges refund.

 

With all the "parachute" accounts being opened it makes you believe that all the banks are accepting that there will be widespread account migration and that, in time, it will all settle down again?

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Just watch for those conditions before you accept it - but congratulations anyway :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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That is excellent news Simon! Congratulations!

 

So much faster than our case. I have just phoned the Court and the case is scheduled for 28th June at 10am :o . What a pity they couldn't have done the same to us as they have to you :Cry: .

amber_ellie :)

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..

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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Hi All,

 

Sorry for jumping on your thread...

 

Has anyone had to attend a "Pre trail reveiw"? My claim has recently been transfered to my local court - on the transfer stage, it stated I would have to file a AQ unless the jude at the court I was transfering to ordered differently.

 

I have received no AQ, just a date for a Pre Trail review "When you should attend"....

 

Any advice/comment's or links to other threads (that I have tried to find) would be a great help :-)

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Treat it as a prelim - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Also, go here to start a thread of your own - http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=11 (you'll get far more help that way;))

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 Simonlines,

 

I am really interested in your letter from Lloyds Solicitors.

 

In my case, I have a large loan with LLoyds which is dependant upon my retianing a bank account wth them, so I have gone down the route of trying to get a temporary injunction preventing them from closing the account, or taking any further charges until they have been confirmed legal at trial. Mainly on the basis of the financial difficulties then imposed would prejudice my right to fight the claim.

 

Now, I had a hearing on Thursday for the orders, but it was no show from Lloyds and when the judge reviewed the papers, there was no note of the application being served on them, also he wanted an hour to hear argument.

 

He decided to adjourn for 14 days, allocate an hour and instruct court staff to serve notice IF it had not already been done.

 

This was excellent, because having read the papers, he could have simply dismissed my application, but he didnt, so at least I have the chance to argue the case.

 

 

I'm back in two weeks, but have no 'actual' evidence of LLoyds, threatening to close accounts, only other banks and the judgements made against those banks.

 

A scanned copy of your letter from them, or a facsimile, would be perfect for me to put in front of the judge and say, her is proof that they do try and do this...

 

If I PM my e-mail address and fax number, is there any way of you emailing of faxing it to me?

 

I know i'm being cheeky, but what do you think?

Read, Read and Read some more.

 

The answers are all out there...

 

By the way, it's your claim. I only offer an opinion as another reader. :confused:

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Aqua2,

 

I don't know whether its the sort of thing your after, but I am in possesion of 2 letters from Lloyds which acknowledge that no enforcement action should be taken on a disputed account, and in them they even apologise for previously suggesting otherwise. See this thread for details - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/29826-help-enforcement-notice.html

 

If you think they may be of use, drop me a PM with your e-mail addy and I'll send them to you.

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,

 

Hoping that wont be needed...

 

From word go with the prelim, they...

 

Passed overdraft to collections department.

 

Reduced limit right down on credit card

 

Issued Default Notice on loan, even though only one payment was delayed and it was the first time ever.

 

Basically, they are doing their best to remove any access to financing and pressurise me into giving in.

 

Hence the application for oders.

 

What I need is some actual evidence of Lloyds threatening closures, rather than other banks.

 

Thanks.

Read, Read and Read some more.

 

The answers are all out there...

 

By the way, it's your claim. I only offer an opinion as another reader. :confused:

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Mmmmmm, well I faxed & posted the acceptance form to SC&M on Friday. I rang them this morning to check they received it, which they have but was told that it will take a further 2 -3 weeks to credit money to my account due to a backlog ! ! More delays !, how shocking ! !

 

Any advice on how I could speed this up ! ?

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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SC&M have had my signed acceptance form a week and still no money in my account ? Is this reasonable?, As I have signed the acceptance form can I pursue further interest at this stage ? ?

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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SC&M have had my signed acceptance form a week and still no money in my account ? Is this reasonable?, As I have signed the acceptance form can I pursue further interest at this stage ? ?

 

 

Same situation here

 

Confirmed delivery at around 10am on Monday 16th April 2007.

 

and still no money in the account- Have an account review tomorrow at 11am - Poor guy is in for a real hard time if he cant give me some answers!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

If I have managed to help you in anyway then please click my scales

 

:eek::evil::-D

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