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
      • 160 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

Help please - stalemate


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6142 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

Hi folks, my partner and I are claiming the following amounts from the banks...

 

£732 - LTSB (mine)

£2239 - Bank of Scotland (mine)

£3314 - LTSB (Partner)

and an unknown amount from BOS for partner as they are late with the statements for her.

 

We have gone to the final stage and threatened court action, and now it's stalemate. I went to Paisley Sheriff court yesterday and they said that all the money has to be gained in one claim...ie it goes against the multiple claims of £750 under small claims and £1500 of Summary Cause.

 

What do you guys think is the best option?.. Are there solicitors that have got the whole lot in one go?... Is the Paisley Sheriff Court just trying to save some work, as the guy said they have had thousands of cases...

 

Any help is much appreciated.

Ger

Link to post
Share on other sites

Hi Ger, if Paisley sheriff court wont let you do multiple small claims or summary cause then for the larger claims you could try the Financial Ombudsman but only after you get the Final response from that bank, thats what Im doing.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

Link to post
Share on other sites

Hi there,

I have an appointment on Fri morning with a solicitor to see how much it would be for Ordinary Cause and other options. The banks just keep ignoring me, even when sent "signed for" delivery. And they keep sending the standard, "you signed up for this, you knew what the charges were" letters.

Should I try the ombudsman first do you reckon?

Cheers

Link to post
Share on other sites

Gerrybhoy,

I would be inclined o contact the FOS and get the ball rolling on your complaint.

The ordinary action is a route i would try to avoid unil all other options are taken as far as possible.

Phone the FOS and discuss your claims then contact the banks and tell them that you will pursue he charges through the FOS unless the pay up. This may get things moving.

Hope this helps..

Advice given is purely my opinion, and is not based on any legal training.

BOS Credit Card...........................Hearing Date 07/02/07

Full Settlement..............................13/02/07

BOS Bank Account .........................total charges £8,655.92

1st offer..............................................£1620.00 01/12/06 Rejected

2nd offer.............................................£3255.00 03/01/07 Rejected

Summary Action victory.................£1499.02 22/03/07

Full and Final offer............................£7,200 19/04/07

Pict...............

Link to post
Share on other sites

Cool, I have contacted the Ombudsman service, have got all copies of my letters to the bank, and their limited responses together and posted off. Just can't help thinking that if I ignored the bank, and delayed them like this then they'd have sheriff officers beating down my door!....time for payback!!!

Link to post
Share on other sites

Have you had the banks Final Response Gerry? Did you print off the complaint form from the FOS website?

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

Link to post
Share on other sites

£732 - LTSB (mine)

£2239 - Bank of Scotland (mine)

£3314 - LTSB (Partner)

 

 

Just do a Small Claim for the £732 mate.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

Link to post
Share on other sites

Hi there, yes i got the form from the FOS website.

Had final letters from LTSB for both myself and partner, it says pretty much we think the charges are fair, if you are happy then we will close the case. If not happy you can contact the Financial ombudsman.... etc etc"

The letter I have had from BOS says that they are sorry i have not yet received a full response, we are still investigating and you will get a response before may 23rd...I started all this in Feb, and it just seems that they are dragging it out a bit much. Should I wait for the BOS to complete their "investigation"??

Link to post
Share on other sites

Hi there, yes i got the form from the FOS website.

Had final letters from LTSB for both myself and partner, it says pretty much we think the charges are fair, if you are happy then we will close the case. If not happy you can contact the Financial ombudsman.... etc etc"

The letter I have had from BOS says that they are sorry i have not yet received a full response, we are still investigating and you will get a response before may 23rd...I started all this in Feb, and it just seems that they are dragging it out a bit much. Should I wait for the BOS to complete their "investigation"??

 

Hi Gerry I got the still investigating letter from BOS today(dated 23/04) but I got the if I'm still not happy then complain to the FOS letter a week ago, so they dont know who is sending what letter and when, have you had the "complain to the FOS" letter from BOS yet? if not you'll have to wait a wee bit longer as I'm sure that that's the final response from them.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

Link to post
Share on other sites

Hi mate, not had that one from BOS yet. They just seem to be all over the place. I've tried to get through to them on the phone to tell them i'm taking it to court etc and pretty much just get to speak to someone there., but 3 attempts at 35 mins each in the queue.... is slightly annoying. I might claim telephone calls from them too ;-)

Will hold off sending that one to the Ombudsman then for a few days. Thanks for your help, will keep the progress posted.

Need to report BOS to Info commisioner now for my girlfriend as they are about 25 days over their 40 day limit. God I hate them!

Link to post
Share on other sites

  • 2 weeks later...

gerryboy, Have you tried chasing the answer by telling the bank that you now ready to report them to the FOS. This worked for me. I would suggest either writing or phoning the last person who replied to your initial request.

cheers

p.s I started my claim in September and only got my first goodwill offer on the 1st of December

Advice given is purely my opinion, and is not based on any legal training.

BOS Credit Card...........................Hearing Date 07/02/07

Full Settlement..............................13/02/07

BOS Bank Account .........................total charges £8,655.92

1st offer..............................................£1620.00 01/12/06 Rejected

2nd offer.............................................£3255.00 03/01/07 Rejected

Summary Action victory.................£1499.02 22/03/07

Full and Final offer............................£7,200 19/04/07

Pict...............

Link to post
Share on other sites

My understanding is that you should wait for the full and final response but you should receive this within 8wks from the date of the original complaint. If you don't you can raise your complaint with the FOS irrespective of whether you've received a "full & final".

 

I would chase them and if its been >8wks tell them you want a response by or you will proceed with a full complaint to the FOS without any further notice.

 

Double check the complaints procedure but this is definitely the case with Clydesdale and IF.

Link to post
Share on other sites

Hi folks, chased them up today and said I should receive an answer by the 18th May. That is 8 weeks from the actual claim letter. SO I will wait until then and see what the outcome is. Hopefully its good news!

Link to post
Share on other sites

  • 4 weeks later...

Hi Folks,

 

I have a claim going against LTSB and it has gone to sheriff court stage.

They responded on Friday with an "intention to attend".

What do I need to take to court with me and do I need to say anything?... Scared now!!!

 

Thanks

 

PS Court date is Fri 8th June

Link to post
Share on other sites

Dont stress, the first court date is a prelim hearing. It is still very rare for the banks to let it get to this stage, if i was you ( and i beat LTSB twice) i would check my bank balance regularly. with me they put the money in my account two days before the hearing leaving just enough time to cancel the court hearing.

 

As for 'what you will need', i would have a good read over your statement of claim again, as most of the info is in there, if you are asked any questions, you believe the charges are 'penalty' charges, levied for a breach of contract and therefore unlawful blah bla blah. make note just in case

 

Good Luck ;-)

Link to post
Share on other sites

man..... how's that for timing. Just checked my account..... theres a lovely little credit there for £777. Which was charges with interest plus court cost.

Now for HBOS!!!

 

Thanks for your help!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...