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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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LISAM696969 Vs LLOYDS TSB PLC !!!****she has WON!!!****


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according to my local court it has now been transferred to them and be in front of a judge next week , then i'll receive a court date , but MCOL still haven't sent out the defense , i rung them they said it should have been sent but can't send it now as it has been transferred to local court , rung them they said they can't access defence yet as transferred electronically , can anyone help with this , lisa although the good news is that my local court is transferring most of these cases to mercantile court which she confirmed on the phone today!!

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what exactly am i looking for in my old t&c's ? i'm feeling a bit of a dunce over this (i have just sent 2nd letter to lloyds after recieving £750 goodwill out of a claim for £4000).

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Right I Realise That I Am Asking A Lot Of Questions But Just Want To Get This Right , So Thanks Again For Everyones Patience , I Have Now Received Lloyds Defence It Is A 9 Point One With As Follows

1. The Claimant Has Been A Customer Of Bank At All Material Times

2. By Opening An A/c With Bank Enter Into A Commercial Agreement With Bank , Entitled To Charge For Banking Services By Using A/c Customer Acknowledges The Charges Are Incorporated Into A/c . Etc Etc.

3. By Maintaining The A/c In Credit Or Within Limt Set Can Avoid Any Or Most Charges . If Customer Fails To Ensure Sufficient Funds Then Making A Request To Borrow Banks Money .and Then Bank Provides A Service. Etc Etc

4. There Is No Breach Of Contract Etc Etc.

5. Given Advance Warning Of Any Charges And Letters Sent In Advance Etc Etc.

6.the Charges Are Fair And Reasonable And Not Unlawful.

7.customer Notified Of All Charges In Plain English At Hte Conclusion Of Contract And On Statements.for Service Provided Under Reg 6 Of Consumer Contracts Regulations Are Not Subject To Assesment Of Fairness.

8. Not Penaltys Or Damagesthey Are Charges

Entitled By Contract And Fair And Reasonable .

Denied That Unlawful Or Contravene Any Statute .

Claim Denied In Its Entirety And Not Entitled To Claim Anything.

 

Right Sorry So Long Winded But Abbrevited Bits That I Could So A . What Do I Do Now

B. Is This Normal Defence.

C. Does It Make Any Difference That I Never Had An Overdraft With The Bank At Any Time On My Account.

 

Please Help Getting Near Now Allocated To Local Court So Really Could Do With All You Educated Guys Out There Helping Out , Cheers In Advance , Lisa

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Right Sorry So Long Winded But Abbrevited Bits That I Could So

 

A . What Do I Do Now (did you recieve an allocation questionairre?)

B. Is This Normal Defence. (yes ... standard 9 point defence)

C. Does It Make Any Difference That I Never Had An Overdraft With The Bank At Any Time On My Account.(why should it ???)

 

Please Help Getting Near Now Allocated To Local Court So Really Could Do With All You Educated Guys Out There Helping Out , Cheers In Advance , Lisa

 

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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thanks , no no allocation questionaire , but thought as they had never given me anoverdraft and i had never asked for one that i had definately broken contract by being overdrawn because there was no facility for them to charge for don't know help !!!

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If you havent recieved an Allocation Questionairre

then the Court will write to you with directions once

the Judge has looked at the defence.

Here is a link that may help

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

So its more waiting i am afraid. Everything is on track

though so dont worry

XxXxX

I hope i have been helpful, if so PLEASE click the scales

  • Haha 1

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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Thanks For That , Just Getting A Bit Worried Now With Case Result In Birmingham , But I'll Keep Going And If Anyone Can Offer Any Advice At This Stage Much Appreciated , Lisam

 

Birmingham was just a blip .... one judges decision and no presedent has been made.

My advice would be to keep reading !!

You can always start to familiarise yourself with the information required for your court bundle .... just dont print anything off yet as it may not even get that far.

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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already got court bundle put together so if needed then just to copy and send to judge and solicitors , think i've got everything in it i'll post details later so you can check if you don't mind as i said any help is much appreciated , i've clicked your scales thanks , lisa

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Sorry to be a bore, but you really must stick to one thread

(notice you have 7 in Lloyds forum on the go)

That way everyone can see how you are progressing

through your claim and offer the appropriate advice

:rolleyes:

 

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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i have two tried to get them merged but didn't know how to only other one is this one thought it was different as not relating to my case but to a specific case , don't know anything about seven , got one in citi forum but no others what are titles ?

 

 

 

8 threads now merged
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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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Thats better ... lol

:wink:

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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