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

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 6117 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

Ok i telephoned them, they have received a letter from the court to say my case has not been stayed. [problem] and LTSB are looking at what I sent them and they are going to make a decision whether to make an offer or not. I agreed to tele them next Weds morning and discuss whether an offer is on the table. certainly no mention of further stays or any aggression.

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

i will probably claim £100 as i am taking the whole day off, plus I will also claim for the court fee from Lloyds, afterall, if they had actually responded to me, i may not have to have taken it so far to get noticed. thankfully, the seem to be going over my case so a settlement isnt out of the question beforehand.

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

provided the money is eletronically transferred to my HSBC account the same day, i may concur with you on that one

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

i read somewhere that someone went to court and another banks solicitors got stays for everyone in my local court so the judge can be swayed

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

well they only have a week to get their offer on the table and in a cheque to me. if they make me turn up i will claim costs. i suspect they will try for a stay again next friday like they did with someone else. however as i am arguing the statute of limitations, a hearing is needed and i can embarras them by reminding the judge that SCM turns up empty handed on a whim of a stay

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

Despite the judge refusing the request for a Stay, SCM have been underhand and faxed the judge a letter (more fully) requesting a STAY in light of the case next Friday.

 

I have previously sent the judge a letter about the STAY and I amm not sure if this contributed or whether this was done of the own accord.

 

I am worried now the Judge will accept, and all I can do is send a fax tomorrow to the court outlining the fact that SCM have only requested this because they did not file evidence and they want to delay,

 

can anyone help here??????

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

I have drafted this, could anyone add any pointers or do you think this is fasir enough?

 

Claim 7QT01583 – BECKETT V LLOYDS TSB

I write further to a fax sent by Sechiari Clark & Mitchell on 30.08.2007 requesting a Stay on my claim, for the second time. Please accept my apologies for this urgent message; however I wished for you to take my points into consideration before concluding.

With respect, I wish to object for the reasons set out below.

1) I brought my claim against Lloyds TSB because Lloyds TSB did not enter into any negotiation, or acknowledge AT ANY TIME my complaint against them. Lloyds TSB were given a period of 4 weeks to respond to my original claim. Since Lloyds TSB at the time were settling claims, and in some cases continue to do so, therefore court action appears the only route forward, costing the claimant £120. Furthermore, I was left with little choice.

2) Lloyds TSB has already requested a “stay” on this claim which was refused by the District Judge.

3) An order by Reading County Court requested all documentation to be relied upon should be filed 14 days prior to the hearing, with copies sent to the other party. I confirm that my evidence was supplied to Reading County Court and SCM within this time period.

4) Despite receiving notification of the refusal for a “stay” prior to the 14 day period, SC&M/Lloyds TSB still failed to provide documentation which they intend to rely upon. It is my belief that SC&M has requested a “stay” for the second time (in somewhat a hurried manner) on the basis they have left it too late to present a case. It is my opinion that the second request for a “stay” amounts to damage limitation on their part. Furthermore, I believe that failure to adhere to the court directions and ignorance or the declined stay request amounts to “an abuse of the court process”.

5) My claim against Lloyds TSB centers on whether an issue of “service” charges amounts to “cloaking” and whether the Statute of Limitations Act would permit my claim on the basis that the “unlawfulness” of the charges was hidden and I have only just become aware. It is my belief that this case should be presented as this area, to my knowledge is not covered by the OFT “test” case and may require a hearing further on.

6) From a human point of view, I do not have the means nor the legal background of Sechiari Clark & Mitchell but I have managed to comprehend and adhere to the seriousness of the directions ordered by the court. I have found the past month very stressful and in putting my case together I have expelled a great deal of time and distraction. In my opinion it would be a shame for the hearing on 7th September to be vacated because Lloyds TSB have been granted a “stay” on my claim, requested for the second time because they failed to provide a defence for them to rely upon.

Finally, whilst I respect your final Judgment, I hope that you understand my concerns, the convenient timing of this second request (and hurried nature) and order this case to proceed as normal.

Yours faithfully

Tom Beckett

Claimant

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

its a 2 page letter referring to my case next Fri saying this is an urgent request , refers to test case and bullet points brief details of OFT claim. states they will be there at the hearing next week if the request is denied to assist the court in anyway they can

 

will the judge see through this second request. I am hoping my letter sent last thurs confirming they havent done the bundle will sway the judge

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 problem is, my letter stating no compliance has not been loaded on the court system as they have a 5 day turn around, i hope the letter i deafted above will reach the judge as quick as their urgent fax has

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

sorry, the threads are getting clogged up with people on stage 1 of LBAs and stayed claims (all important) but i need to convey my urgent implosion

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

does anyone think Lloyds will suceed writing to the judge again for a stay after being refused the first time round and missing their deadline fore the bundle?

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

send the judge a letter outining the reasons for not having a stay. Lloyds have been cheeky with my case and sent a fax to the judge for the second time asking for a stay,

 

keep ahead of the game, good luck.

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

I have spoken to the court this morning and was told because of turnaround times, it is unlikely the second stay request will be reviewed before the hearing. is it better not to inform SC&M in the hope that they may now forget about the case or call them and hope they may offer something?

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

Ok, my heart is now officially racing as Friday looms.

 

Thankfully I have never been in court before. Please can anyone share their experiences maybe to alleviate the anxiety!!

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

a copy of their proscecution notes. I have done a few pages of A4 summarising the points I wish to make and where i should ask the judge etc to refer to, but with Friday looming it would be magic to have someone elses just so I know all bases have been covered and i dont kick myself under the table. much appreciated

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

skeleton arguments (good to see whether my notes are on a par!, sorry i didnt mean prosecution, you know what i mean)

 

better leave the black cap at home that day

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

Just thinking about Friday, if the bank has been told they cannot have stay and they have written again, is there an actual due process they must follow, i.e, lodge a formal application to overturn his decision. just thinking that sitting there on friday, it may be good for me to have a legal clause to state that no cheque and form means no stay and turning up for a third time wont wash,.

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

gizmo, i have sent you my skelton arguments if you have 10 mins to have a look. i feel a confident now i am armed

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

thats Gizmo and caro for spoting the "hunt the beckett thread".

 

I hope my cat goes into hiding because if my claim is stayed on Friday then i may have to kick something.

 

also on another forum someone said i could get the stay request defended by the following:

 

As I understand the OFT case it is on the principle of whether the UTCCR applies and in particular whether the requirement of fairness applies to bank charges. Accordingly, the length of the period you are claiming for is immaterial for the purposes of the test case. However, and this argument has not as far as I know been deployed yet, as it is only dealing with the question of whether the UTCCR applies and does not deal with the question of whether the actual charge is fair or if it is a penalty it does not deal with all the issues but only deals with one of the issues. It therefore can be argued that a stay should not be granted as regardless of the answer to the question in the OFT case a trial would still be needed to answer the factual question of whether the charge is a penalty and if it is fair neither of these questions are directly in question in the OFT case.

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

some posts are stating rh circuit judges are staying cases where claimants arrive at court to be told their case has been stayed. i ahve checked the courts covered by the thames valley and the majority are reviewing ona case by case bases so fingers crossed

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

OFT files details of case against unauthorised overdraft charges

 

126/07 31 August 2007

The OFT has today filed particulars of claim at the High Court on the application of the law in respect of unauthorised overdraft charges, and these documents will be available on the OFT website next week after they have been served on the other parties. The documents relate to the question of whether the fairness test in the Unfair Terms in Consumer Contract Regulations (UTCCRs) applies to the relevant charges.

The OFT is continuing its financial investigation to determine whether or not unauthorised overdraft charges are fair, based on its view that the fairness test does apply to them. This investigation is due to be completed by the end of the year.

The banks take the view that the charges are not covered by the fairness test in the UTCCRs and the court case at the beginning of 2008 is designed to test this point of law. It will not lead to a judgment as to whether the charges themselves are fair or not. The OFT will decide after the initial judgment what steps to take should it win the test case and conclude from its financial investigation that any of the charges are unfair. The OFT will publish its market study on the current account market in December 2007.

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...