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    • 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
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Riskman v Lloyds TSB ****WON****


Riskman
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Hi,

 

I have had a letter back from them and they are not offering to refund the charges. One paragraph of the letter reads as follows : The Office of Fair Trading has published new guidelines on credit card default charges. We're still talking it through with them , but the important point is that the guidelines are about default charges that people pay when they break an agreement with us. This does not apply to your charges as these were for dealing with your request to go over your agreed overdraft limit.They are not default charges because you havent broken your agreement. They are our prices for the service we provide in these situations. Is this standard crap and can I still claim?

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HI and welcome

 

I think it is vitally important that you spend a few days reading the FAQs and getting to understand the process.

Also start a thread in the relevant bank forum as you will find this is just standard blurb and that you will still be able to claim.

Remember:

1. Print the FAQs and read them until you are fully able to understand what you are doing

2. Start a thread

3. Read the facts and cases that will win this case for you

4, Its your money....your claim. We are here to guide and support you, not do it for you! You will only be successful if you are fully understanding what it is you need to know!

Good luck

  • Haha 1

 

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Hi and welcome to the site,

:p

 

You've definately taken the first step into claiming back what's rightfully yours.

 

Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

 

Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

 

Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

 

All the best in your claim!! :wink:

 

DELLER

 

 

Useful links to help with your claim

 

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

 

Letter Templates

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/

 

Interest Spreadsheet

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Court N1 form

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Mcol Particulars of Claim

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/34887-5-money-claim-line.html

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hi,

 

I have had a letter back from them and they are not offering to refund the charges. One paragraph of the letter reads as follows : The Office of Fair Trading has published new guidelines on credit card default charges. We're still talking it through with them , but the important point is that the guidelines are about default charges that people pay when they break an agreement with us. This does not apply to your charges as these were for dealing with your request to go over your agreed overdraft limit.They are not default charges because you havent broken your agreement. They are our prices for the service we provide in these situations. Is this standard crap and can I still claim?

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Hi,

 

I have the same on so it must be a standard new letter they are sending. lets hope someone can advise us. I have sent them a letter today threatening to start court proceedings.

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Hi,

 

I have had a letter back from them and they are not offering to refund the charges. One paragraph of the letter reads as follows : The Office of Fair Trading has published new guidelines on credit card default charges. We're still talking it through with them , but the important point is that the guidelines are about default charges that people pay when they break an agreement with us. This does not apply to your charges as these were for dealing with your request to go over your agreed overdraft limit.They are not default charges because you havent broken your agreement. They are our prices for the service we provide in these situations. Is this standard crap and can I still claim?

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Hi,

 

I sent letter to Lloyds giving them 7 days or I would start court proceedings, the 7 days are up and I have had no response. Should I submit my claim on-line or give them a few more days?

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riskman - you sent a letter giving them less time than is recommended on here, telling them you will take them to court if they don't reply.

 

Well they haven't replied, so why are you asking us!!??

 

And may I ask why you only allowed them 7 days?

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Hi,

 

I followed the templates on the Martin Lewis site and it gives them 7 days. I was just wondering if I should give them an extra few days before starting the court proceedings on-line. However, after reading quite a few threads it would appear that Lloyds are making most people go to the court stage.

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I would suggest you do give them an extra few days in that case. I'm sure it won't make any difference.

 

The courts want to see that you have given them reasonable time to deal with your claim. It's extremely doubtful that 7 days (ie., 5 working days at most - check your recorded delivery tracking number on Royal Mail webite to see when letter arrived) would be considered reasonable time.

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Hi Riskman, I to started of on the MSE site, and after reading here, left a further 7 days before starting my claim, so your not alone;) I,m now waiting for a court date, all the best with your claim.

read read and read some m:D ore

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Hi riskman, I got LTSB's standard response, ie: sorry you are not happy, so went to my local court, as I am fee exempt, being unemployed, and started my claim, LTSB put in a defence, returned the allocation questionnaire (please note all this time I am reading this site, and using the templates library, because yes LTSB will take it as far as they can:rolleyes: and they are trying different tactics).

This morning I received notice of allocation from the court ie:the Judge has booked 20mins for me and LTSB to put forward our cases, (this is were I start putting together 3 copies of all correspondance and I will be going to GaryH(STAR) site got a court date with all the relevant Acts etc, my court bundle).

Its all here Riskman, and if I can do it you can:D read read and read some more. happy claiming:p

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Hi

Here you go:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Good luck, let us know how you get on.

Barty:)

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html I WON!!!!:grin: :grin:

If I have helped, please click my scales:)

  • Haha 1

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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Thanks for that Barty, I dont know how to get the blue bits up:o

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Hi,

 

Thanks to all for help and advice. I have just filed my cliam on-line so will now wait and see what Lloyds come back with. No doubt I will be asking for some more help and advice shortly.

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Thanks for that Barty, I dont know how to get the blue bits up:o

 

Just right click on the link - copy link - then paste where you want it

 

Easy, peezie, lemon squeezy...lol

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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Hi,

 

I have just received confirmation of my claim, which I used Moneyclaim to do, but on the confirmation slip it says it is assigned to the Northampton Court. Have I done something wrong as my local Court is only 10 mins away in North Shields? Are all Moneyclaim claims assigned to Northampton? If so will I have to atend their or can I ask for it to be changed?

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