Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • 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
  • Recommended Topics

Beckett v Lloyds TSB - Going Back More than 6 Years


TBeckett100
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6078 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

defence registed with MCOL today (they seem to be acting fast!)

I am going to need help with this one as they will, I am sure try and rubbish my claim given the age (1998-2000) of the fees. fingers crossed for their response.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

Link to post
Share on other sites

  • Replies 179
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

could one argue the visit by lloyds collections to strip me of my card could be used as an argument point when stating that if my bahavoiur was in the t&c's, then why would Lloyds come for my card at my home address?

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

Link to post
Share on other sites

Lloyds were served the claim on the 11th, they acknowledged on the 16th and defended today, my claim is going back to 98-01. should i be worried?

 

also realised that when calculating 8% i listed all charges and refunded charges by didnt knock off the interest on the charges that wew refunded (though it isnt clear from the statements which charges these relate to

 

have i fouled up?

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

Link to post
Share on other sites

afterall why would the bank take the cards back when i am within the t&c's

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

Link to post
Share on other sites

  • 2 weeks later...

received 10 point defence

 

1) bank admits I have been customer

2) By opening account, I agree to the bank charging for services

3) Keeping inredit i would avoid charges

4) no breach contract has occured charge cannot be a penalty

5) customer given advance warning of charges

6) charges fair and reasonable

7) customer notifed chasrges in a clear language

8)charges for service and are not penalties

bank entitled to impose charges,

9) claim is based on charges prior to 6 years claim is statute barred, particulars do not show how claim arrived at

10) claimant not due a penny

 

what now then. can I request a strike out based on the bank settling before cases are due?

 

help!

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

Link to post
Share on other sites

Have you received an AQ? If so you can attach a strike out application. See the thread titled 'AQs - stays and strike out request' in the stickies.

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.

Link to post
Share on other sites

  • 2 weeks later...

Hello

 

I am claiming only for the period of 1998-2000 when the account was closed.

 

The lloyds defence brought this matter up and said the claim was not valid.

 

i have received the following

 

DISTRICT JUDGE XXXX has considered the statements of case and allocation questionnaire (there wasnt one) filed and allocated the case to the small claims track.

 

The hearing of the claim will take place at 14.00 on the 7 September 07 at Reading County Court and should take no longer than 10 MINUTES

 

the court must be informased if party settle etc

 

Each party shall deliver to every other party and to the court copies of all documents on which he intends to rely on no later than 14 days before the hearing.

 

Original documents should be brought to the hearing.

 

1) should i be worried about the 10 mins as this seems like my case will be chucked out over time barring

2) are they asking me to submit the bundle everyone discusses on here?

 

Should I take it to the 16th day before and submit in the hope they settle or what?

 

Help.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

Link to post
Share on other sites

Wow Reading court does hear some case then!

 

The fact that the court has only ordered 10 minutes should not indicate a great deal. Its quite common for courts to allocate a short time period for claims as they know the banks are likely to settle.

 

They are asking for the bundle to be submitted 14 days before hearing which is standard practice in small claims.

 

Start reading up on the Limitation Act and related case law if you haven't already.

 

Best of luck

 

Zoot :)

Link to post
Share on other sites

i havent heard a bean from SCM they have defenced and my court date is through, shouldnt i have heard now as sone have recived offers be3fore the court date??

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

Link to post
Share on other sites

There does not appear to be any set time table for offers. Some have received them quite early on others are later. I shouldn't read anything into their silence. I think they are simply trying to struggle with the workload.

Link to post
Share on other sites

spoke to SCM they are still waiting to hear from lloyds whether they wish to make a settlement or defend

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

Link to post
Share on other sites

the person i spoke to seemed genuine enough and it makes sense, launch a defence, buy time and wait for LTSB to confirm what they wish to do. fiver says they take mine to the court sice i am claiming back o/s the 6 years

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

Link to post
Share on other sites

please list any wins here to help others who may also be worried at having to wait a bit longer.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

Link to post
Share on other sites

This is a good idea - I also think it would be good for any of us with definite court dates to list them. That way, we can see if any are settled or put on hold.

 

Mine is 22nd August (claim filed in March)- no letter or anything yet.

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....

 

 

 

Link to post
Share on other sites

I have been in contact with my local county court who say my court case goes on as planned for the 17 Sep 07. I have also previous to the notification of the test case had a letter from bank's solicitors wanting to discuss settlement. It will be interesting to see if they make an offer prior to my court case or test case result. Will keep you posted.

John Mac

Link to post
Share on other sites

A new tact

 

I am in the financial industry and it seems that some people are getting payouts awarded before others despite it being at the same stages, the FSA recently brought in the TREATING CUSTOMERS FAIRLY regime

 

Consumers can be confident that they are dealing with firms where the fair treatment of customers is central to the corporate culture;

 

if the judge does award a Stay, I think CAG etc need to post a firm appeal template against this.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

Link to post
Share on other sites

Barty...

 

Glad you've sorted out your "error" problem now!!! :D

 

I hate to be the bearer of bad news though... your link above should have been an "error"!!! :eek:

 

Is this the link you meant?...

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/103945-lloyds-court-dates.html

 

Hi

Yes that's the one!:)

Thank you, I do seem to be having a bit of trouble with my links lately;)

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...