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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Zsazsa's Mum v Lloyds - Mercantile


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Hi all, it's been awhile! To be honest my thing is heading towards high court at this rate & SC&M seem to be so slow in everything, my hope they'll settle in full & keep me out of High Court is waning! So head out of sand & all systems go for me now otherwise it'll be curtains I expect! Any help/hints/advice from anyone will all be greatfully received - please!!

 

Update - well after the 26th April & the directions hearing in Leeds, there was a further directions hearing in Leeds again on 21st May for the cases that weren't settled in April.

The citibank chap (member of CAG) was given a judgement by default as no-one from Citibank turned up. The other cases - 2 from LTSB (including my own) & another - sorry can't remember which bank, are following the same timetable as given to me. The one that wasn't LTSB was hoping for settlement but at the time of the May hearing hadn't got it by then.

 

LTSB S C & M sent an agent - not from themselves directly, but a representative never the less - they requested again the cases be moved to small claims - which was again denied - there's no was HH Judge Kaye is letting these go - but apart from that the LTSB rep. said he had no instructions & that didn't go down brilliantly either in court. HH Judge Kaye did refer to the recent judgements made by Distric Judges in the favour of LTSB but said these were to be ignored & that only a case held in the High Court could be relied upon to set precedent in the matter of bank charges.

Outside the court the LTSB rep did seem rather embarrassed & apologetic that he'd had no instruction & wasn't in a position to settle, seemed surprised also they were letting it go this far - who knows!

 

So the order that was made by Judge Kaye is as follows -

 

1 - Defendant had permission to file & serve an amended defence, by 4th June - nothing received as yet.

 

2 - Mutual disclosure to take place by 25th June with inspection by 2nd July.

 

3- Permission to each party to rely upon an expert evidence in the field of banking & calculation of bank charges both in respect of authorised & unauthorised or excess borrowing. The identity/identies of such experts to be settled by 9th July.

 

(Ok so I do need some help with this one please. The judge allowed that all the cases, because of their similarities were allowed to share one expert witness/evidence because of the cost.)

 

4 - Expert reports and any statements of witness of facts are to be exchanged by 30th July.

 

5- A pre-trial hearing to take place at 1000 on 13th August.

 

6 - Trial date to be fixed for first available date after 13th August, with an ELH of 1 day & with other matters to be heard on the same day.

 

7 - permission to both parties to apply for a CMC at any stage.

 

8 - costs reserved.

 

 

So that's about it so far - I'll await all your thoughts, suggestions & comments with eagerness!

 

Zsazsa

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Oooh, exciting.... Ok, maybe not from where you're standing, :lol:, but could LTSB, emboldened by their recent strokes of luck ( I refuse to call them "wins"), have decided to make a stand and be THE test case we've been waiting for?

Nah, I can't see that, especially with disclosure having been ordered.

 

HOWEVER, I am going to report your post to the powers up above, because I think they'll be interested in your post.

 

Stand by. ;-)

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Hi Bookworm - I was hoping someone would see this!

 

Thanks for changing the title - obvioulsy that was beyond me. I've been wrong before so don't quote me, but I have the strangest feeling this is going to go much further than I'd feel comfortable wth, but what the hell!

 

After having been in front of HH the Judge Kaye twice now - I like him, he's very experienced & seems very fair. He appears to be for the litigant in that he refuses to be balked by such large institutions as the banks & made it very clear anything less than full & frank disclosure by the banks would be unacceptable no matter what reasons they might give. He does seem rather keen to get this/anything heard as a test case.

 

I'll look forward to seeing what peeps think on this.

 

Zsazsa

HSBC S.A.R - (Subject Access Request) 24.08.06

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That's the spirit.

 

Don't panic if you don't get the big guns in here straight off, as you might have noticed, the Hull orders are keeping them very busy at the moment.

 

You're doing just fine, babes. ;-)

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No probs - not worried persay, happy to sit tight & think this may be a bit of a slow burn anyway - realise the Hull stuff is far more urgent just at the moment! Good luck to all of them for that one....

 

Interestingly, I've checked with the Court directly in Leeds today & S C & M haven't filed an amended defence in time - naughty - which is consistent at any rate - I seem to have been ignored almost totally by them so far. I'm of to re-read a couple of threads I saw regards things not being done in time......

 

Zsazsa

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I wonder if Judge Kaye is single. If he is I might divorce my husband and marry him I love him so much!

 

Don't worry zsazsa. We're right behind you. I'm sure Booky is right that the CAG powers above will be very interested. Wish I could help myself but I shall be watching with interest, and if I can do anything I will.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks Caro!

 

I wonder if Judge Kaye is single. If he is I might divorce my husband and marry him I love him so much!

 

Well funny you should say that! Apparently he was hearing a family case after the bank thing on 21st May - Obviously Judge preferences can't be made - shame - but I'd give my eye-teeth to have him in my financial case against my ex-husband if & when we can get it up to High Court (Ex certainly in the same arrogance & secretive realms as the banks). At least I'd be guaranteed fairness, & unfortunately my family case is so complicated he'd cut through all the prevarication & petty obstruction in the blink of an eye - something the district judges seem to get bogged down with & allow - Go Judge Kaye!!! LoL!

 

Zsazsa

HSBC S.A.R - (Subject Access Request) 24.08.06

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SUBSCRIBING !

 

Go gal !!

 

Inspiring read. Totally behind you 100%.

If you need a court buddy let me know as i'm in Wakefield and I would be happy to lend a bit of moral support !

 

Hope xx

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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Cool - Thanks for that thereshope & saintly_1!

 

Just a quick update - tick tock, tick tock & nothing from S C & M in the form of amended appeals...have until 25th June to submit all my stuff to the court, copies of statements, schedule of charges - as do they regards all their info - exciting! No offer yet to settle though.... bring it on & show those real costs LTSB! :D

 

Zsazsa

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  • 2 weeks later...

hey up hope all is well just reread your thread did you have to submit a n244 form when you adjusted your charges schedule or did you just state on q4 of the cmi and supply new schedule ?

just curious cause i have got my schedule of charges wrong and am thinking of doing that ?

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ZsaZsa,

 

The question of what documents a claimant needs to take to the Leeds direction hearing has been asked on the thread 'Leeds Mercantile Court Hearing 28th June 2007'. (See posts 76, 77 and 78 of that thread). I know from reading your thread that you attended the April hearing. Are you able to answer the question please. It would be a great help to those attending the 28th June hearing. If you are able to help, can you post on the Leeds Mercantile Court hearing thread please.

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Firstly - sympathies to Caro for her house flooding - I hope you get sorted quickly & not too much lost Caro.

 

Secondly - an update.

 

Full disclosure by myself & the bank by 25th June, according to that order the Judge made - I've got all my stuff done & ready to submit to court tomorrow (& a copy to the solicitors SC & M) but I still haven't heard a dickie bird from them or LTSB regards settlement so I wonder....

 

Watch & Wait peeps - now it gets interesting!!

 

Zsazsa

HSBC S.A.R - (Subject Access Request) 24.08.06

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  • 2 weeks later...

Update - No documents of disclosure received by Leeds Court from SC & M on behalf of Lloyds, to date.

 

HELP!!!

 

I need to supply the name of an expert witness to be able to rely on their evidence in the field of banking & the calculation of bank charges etc by 9th JULY.

 

Please can anyone point me in the right direction?

 

Many Thanks...

 

Zsazsa

HSBC S.A.R - (Subject Access Request) 24.08.06

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I hope to be able to find you a bit of help ZsaZsa.

 

I think you should contact the court to let them know that you haven't had the list for disclosure from Lloyds and ask how you should be proceeding as they haven't complied with the court order.

 

(By the way, thanks for the good wishes. Moved to dry house for a few months while ours gets sorted!)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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So the order that was made by Judge Kaye is as follows -

 

1 - Defendant had permission to file & serve an amended defence, by 4th June - nothing received as yet.

 

2 - Mutual disclosure to take place by 25th June with inspection by 2nd July.

 

3- Permission to each party to rely upon an expert evidence in the field of banking & calculation of bank charges both in respect of authorised & unauthorised or excess borrowing. The identity/identies of such experts to be settled by 9th July.

 

(Ok so I do need some help with this one please. The judge allowed that all the cases, because of their similarities were allowed to share one expert witness/evidence because of the cost.)

 

4 - Expert reports and any statements of witness of facts are to be exchanged by 30th July.

 

5- A pre-trial hearing to take place at 1000 on 13th August.

 

6 - Trial date to be fixed for first available date after 13th August, with an ELH of 1 day & with other matters to be heard on the same day.

 

7 - permission to both parties to apply for a CMC at any stage.

 

8 - costs reserved.

 

Hi,

 

You don't actually need to find an expert witness by 9th July - all clause 2 requires is that if you do wish to rely on an expert witness, that you confirm the name and details of the expert by that date.

 

It would be great if you could get one, but you certainly don't need an expert witness IMHO and the cost of one would be disproportionate - even though you would recoup it from Lloyds if/when you win.

 

Your next stage is clause 4, the witness statement. PM me your e-mail address and I'll send you one.

 

Also, as Caro said, you need to object to the court that they have not complied with clause 2. Here's a letter, amend if necessary -

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post757475

 

I think they'll more than likely settle soon, but if they haven't by the 13th Augest, and assuming they breached 4 as well as 2, then you'll be in a very strong position to argue at the pre-trial review that the defence should be struck out. We'll cross that bridge when we come to it though.

 

BTW, what exactly did you submit in response to clause 2?

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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.

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Hi Gary - Thanks for your reply & to Caro too.

 

Will do what you suggest & also pm details to you - regards 2 - I photocopied all statements I had used to calculate charges & sent continually updated schedule of charges (which takes account of part refunds). Basically it was what the Judge said I had to submit & just to make sure I double checked with court staff as well.

 

I was on the phone to the court the other day & asked if they'd received anything from LTSB but hadn't by then, so will check again in the morning.

 

Still not a dicky bird ftom SC & M. I can't imagine they would really defend this claim though now as they've already refunded part of the claim - what ever they are doing though it's slow & they're keeping it secret!

 

Zsazsa

HSBC S.A.R - (Subject Access Request) 24.08.06

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This is an aside, but it occurred to me - not for the first time, when given help & sent in the right direction - what a debt of gratitude we all owe to all the people of this site, for all the help and encouragement they give, without complaint & freely.

 

Special thanks must go to the administrators, all the mods & site helpers, without whom few of us would have probably gone so far & managed to reclaim so much.

 

Thank you!

 

Zsazsa

HSBC S.A.R - (Subject Access Request) 24.08.06

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Thanks!:) Your welcome.

 

I just typed a reply to your post above actually, and annoyingly I lost my internet connection just before I hit send!:mad: I'll try again.....

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.

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regards 2 - I photocopied all statements I had used to calculate charges & sent continually updated schedule of charges (which takes account of part refunds). Basically it was what the Judge said I had to submit & just to make sure I double checked with court staff as well.

This may be why they haven't yet settled then - disclosure actually means you need to disclose the existance of every document or peice of evidence which relates to your case or which you intend to rely on in court. So unfortunately, its far more than just your statements. Don't worry about it though, Lloyds haven't complied either so they can't complain.

 

You need to submit a full disclosure list along with a disclosure statement (form N265) ASAP.

 

See this thread, and follow the instructions relating to 'standard disclosure' around halfway down the page. There is a link to the form, an example of a disclosure list, and it'll also tell you what your list should include -

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

 

Also attach a short and respectful note apologising for your late compliance with clause 2 which is due to your initial misunderstanding of the requirements of the order. Point out the fact that you are a litigant in person, and also that the defendant - who is represented by specialist solicitors - has not complied either.

 

I honestly can't see it being a problem.

 

I got your PM btw - I'll sort out the WS for you this weekend.

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.

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I know this might sound really thick - but do I include copies of what the court sent to me from LTSB/SC &M ie - their defence?

 

Thanks,

 

Zsazsa

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Just double checked & found answer to my previous question!

HSBC S.A.R - (Subject Access Request) 24.08.06

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Hey hey - Don't know if anyone's reaing but if you are an update -

 

I'm just re-doing stuff for my disclosure & getting everything together just to print off & submit, following Gary's directions.

 

Whilst scouting around trying to find the relevant info needed for my court bundle I came across a really interesting article on the whole bank charges/penalty thing in respect of the law as it stands - Here's the link if you want a look - I found it really interesting & it shed light on bits I hadn't previously grasped! Bank Charges - Alway Associates

 

Zsazsa

HSBC S.A.R - (Subject Access Request) 24.08.06

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