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

Nailard V Lloyds. **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6165 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

Oh I do hope so, will let you know when the money in the account. its not over until the fat lady sings. as they say.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

  • Replies 115
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Tnx guys, its for the dep on my wedding dress! just to let you know sent the acceptance to **** today via special delivery. I did still send the fee of 100 for the aq to the court just in case and **** had incorporate it in their figure anyway. Let you know as soon as the money in the account. skeggsy

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

Oh guys Iv got some serious problems now and I dont understand. First the **** say they are paying up. then today I got an order from St Albans Court saying that

 

1.the claim be stayed as it makes no serious attempt to comply with CpR 16.1(1) by setting out a concise statement of the facts. (stylised particulars do not constitute compliance.) The Claimant must amend or substitute the particulars of the claim by setting out the case and by including details of the charges complained of, how they are calculated and in what circumstances they were incurred.

 

The claimant should note that sending copy correspondance and or copies of bank statements will not suffice.

 

they have given me til 4pm on 3rd aug to comply

***************************************

 

Ok confused . com I sent the AQ and the cheque and the summary of charges properly set out and it was received by the court on the 17th july. this letter is dated the 19th! spoke to the usher blokey and he said that the information I sent couldnt have been put before the judge.... like is that my fault! He suggested I send a letter to the judgy saying that the aq wasnt put before her and request it is amended???

 

Is this what I should do or anything else?

My other worryis the line that says stylised poc do not constitute compliance, this was filed online and transferred to st albans, she obviously dosnt realise that I have sent a summary of charges but she is saying the copies of bank statements are insufficient, but LLOYDS wont send originals so I only have their summary of charges to work off, what if she wont accept this.

 

Also if the money dosnt come through by **** in the estimated 12 days then the case could be struck out...

 

PLEASE SOMEONE COULD YOU ADVISE ME IN A WHIRLING DIRVISH! SKEGGSY

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

Congratulations... you're nearly there. Simply strike out any terms you do not agree to and sign it and send it back.

 

Continue with the a/q until you have the money.

 

Best wishes

 

Zoot

Zoot your box full ..... could you advise on my last post pse now in a right spin. skeggsy

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

Why not include in your letter politely requesting the Judge has a read of your AQ, and offer of amendment if so requested by honorable Lady, that [problem] have offered settlement and you are in negotiations?, so you believe the claim will be settled soon.

sure this can be sorted:)

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.

Link to post
Share on other sites

Hi -Feeling Very Confused !

 

I have filed MCOL on line,LTSB to defend all claim ( standard),now received yesterday a letter from my Local Court -Notice of Allocation to the small Claims Track Hearing for LTSB to send info etc.Also received yesterday letter from LSTB Solicitors saying i needed to respond within 14 days stating how i worked out interest and Charges etc-done this and sent to LTSB but Aaaahhhh!realised my amounts were slightly out -What do i need to do?

Link to post
Share on other sites

Hi minty, and welcome to the forum:)

 

First start your own thread, so we can follow and advise on your claim, go to LTSB at the start of the forum, and top left corner, click new thread.

 

You will also find spread sheets, template letters etc.

 

[problem] by the sound of it are getting ready to pay out, I was asked the self same question, and I got settlement in full the next day.

 

Happy claiming:D

and read read and read some:p more

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.

Link to post
Share on other sites

Thanks! Will start Thread -i have phoned [problem],spoke to a guy who admitted that this may mean that the Bank are looking to settle!!

The LTSB have put me thru 3 years of hell -so really want to do this!

Do i need to fill in any forms to send to the court as its a differant amount?Also see from looking today i cannot request refund of 'Account charge'is this right?:confused:

Link to post
Share on other sites

minty, start your thread and ask your questions, Nailard, needs to get her questions answered:D

You are dealing with [problem] now, not the court. don't panic, its looking good: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.

Link to post
Share on other sites

Hi

If you go to Martin Lewis Money page there is a link which will allow you to work out the interest an each charge -Good Luck!

thanks Minty, yes Id already done this and sent it with my draft order for directions but the judge wasnt shown the paperwork b4 she did the order.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

minty, start your thread and ask your questions, Nailard, needs to get her questions answered:D

You are dealing with [problem] now, not the court. don't panic, its looking good:p

thanks..... Iv drafted a letter for Judge at county in St Albans, I will post b4 sending on Monday to check its respectfull enough. skeggsy

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

Need some direction Zoot and Nic? guys.... got letter today just before the aq and cheque was getting posted (missed the post office) its a without prejudice confidential letter from **** saying that they will pay tghe whole amount including the fee for the aq (which hasnt actually been sent off as yet) as long as we agree to the terms blah blah we can avoid fees.

One of the terms is that we make contact with the Local Lloyds TSB branch manager on a given number 0845 3000 000 to arrange a review of the account.

 

question 1. do we have to actually do this before they will pay out the money and how will they know

 

2. should we still send in the aq with the cheque seeing as they have refunded the cost and if we dont (apart from being greedy which Im not personally up for) it could be stuck out by the judge for failing to provide the aq in the allotted time, then **** could decide not to pay the money afterall??

 

would really appreciate some advise but need to get on to this quick.

skeggsy

 

 

guys this post seems to have got lost can this now be bounced back to the bottom any takers im in trouble.....

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

SKegg, Q1. they are the defendants in your case, they can not hold you to ransom! Most people who have gone for a review find the Bank knew nothing about it.

Q2.As they have not settled yet, you must carry on with your claim, until the money is in your account.

Hope this helps allay your fears:D

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.

Link to post
Share on other sites

Oh guys Iv got some serious problems now and I dont understand. First the **** say they are paying up. then today I got an order from St Albans Court saying that

 

1.the claim be stayed as it makes no serious attempt to comply with CpR 16.1(1) by setting out a concise statement of the facts. (stylised particulars do not constitute compliance.) The Claimant must amend or substitute the particulars of the claim by setting out the case and by including details of the charges complained of, how they are calculated and in what circumstances they were incurred.

 

The claimant should note that sending copy correspondance and or copies of bank statements will not suffice.

 

they have given me til 4pm on 3rd aug to comply

***************************************

 

Ok confused . com I sent the AQ and the cheque and the summary of charges properly set out and it was received by the court on the 17th july. this letter is dated the 19th! spoke to the usher blokey and he said that the information I sent couldnt have been put before the judge.... like is that my fault! He suggested I send a letter to the judgy saying that the aq wasnt put before her and request it is amended???

 

Is this what I should do or anything else?

My other worryis the line that says stylised poc do not constitute compliance, this was filed online and transferred to st albans, she obviously dosnt realise that I have sent a summary of charges but she is saying the copies of bank statements are insufficient, but LLOYDS wont send originals so I only have their summary of charges to work off, what if she wont accept this.

 

Also if the money dosnt come through by **** in the estimated 12 days then the case could be struck out...

 

PLEASE SOMEONE COULD YOU ADVISE ME IN A WHIRLING DIRVISH! SKEGGSY

 

**MADE A MISTAKE GUYS IN MY PANIC ITS POST 55 I NEED DESPERATE HELP WITH WOULD YOU KIND PEOPLE PLEASE LOOK AT IT FOR ME I WILL POST THE LETTER I HAVE DRAFTED TO THE JUDGE. *********

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

My reply to judge at st albans would someone tell me if its ok b4 i post it Monday.

 

Dear Judge Field (should this be your honour?)

 

On 16th July 2007 I sent back your request for the aq and enclosed a cheque for the fee of 100.00. This was sent via recorded delivery and received by the court on the 17th July.

 

I have received an order today from you asking that this be sent back and asking for a schedule of charges.

 

A full concise schedule of charges, showing the date, reason and how much each charge was for was attached with the AQ and the fee.

 

The defendant has not supplied me with original bank statements despite my request and this is the norm for them to send a summary of charges which I hold.

 

The particulars of my claim are as far as I am aware taking advice correct and I wonder if you can explain to me what you mean by stylised particulars do not constitute compliance. You will be aware that this claim was filed with Northampton MCOL and transferred to St Albans being my local court.

 

I have today telephoned the court and spoken to Mr Chris Richardson who has confirmed that the paperwork was received by the court on the 17th July 207, which had my draft order for directions and the other paperwork mentioned, with thefee.

 

It appears as the order that was sent out to me is dated 19th July 2007 that this paperwork was not put before you when you made that decision.

 

May I now in light of this clerical error respectfully request that your order of the 19th July is amended.

 

yours sincerely,

 

 

 

 

blah blah blah

 

Can someone wordly wise and clever let me know if there is anything I should put in or take out....... I just dont understand what the judge wants from my POC that she says is stylised and where I can get something more in dept cant see anything on this site. confused skeggsy

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

Hi Skeggs, first, I wouldn't panic, I know easier said then done:eek: there is plenty of time to get good advice, and the fact you are actually in negotiations with [problem] is something the Judge needs to know, as they want settlement before it gets to court

The time scale of you sending your AQ and schedule do seem to show that the Judge has not seen it, and is working from the mcol information.

 

Happy to be corrected:p but in your letter, I would not refer the Judge to the stylised particulars. I don't know what she means, but I'm sure some one does.

I also wouldn't call it a clerical error, merely a cross over of information.

Also inform her that you are in negotiations.

Hope this helps, and others will input to clarify.

Best of luck:)

Hopefully you have sent back SCaMs offer, crossing out any terms you do no agree with, and I'm sure your money will be in your account soon:D

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.

Link to post
Share on other sites

Skeggs

 

Got your PM.

 

Can you please post what you actually filed as your Particulars of Claim?

 

Notice that you filed originally filed using MCOL. I believe that you then also sent additional particulars afterwards. Can you post your MCOL particulars, and also those you filed later.

 

Take care to remove anything that can make you personally identifiable, or is sensitive.

You might find that you need to copy and paste the particulars into two or three posts, due to the post size limits.

 

Did you send the additional stuff by recorded delivery?

 

If so, check on Royal Mail website that they arrived, and give the information of when and by whom they were signed for to the court.

 

Remus has made some good points to note in what to say, and not to.

 

With regards the issues over statements. Perhaps throw the ball back. Provide the court some information about how and when you have requested these, and indicate how the defendants lack of compliance in this reasonable request is indicative of a likely attempt by the defendant at obstructing your assertion of your rights and attempts at obstructing the course of justice.

 

Hope this helps?

 

FWIW. Sounds like you should get settlement from the defendant soon anyhow.

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites

Going from the posts by Guidot and Photoman, I would step up your negotiations with [problem], phone call to see if they have received your acceptance letter, double check the accounts and amounts with them, (they seem to ask for this before paying) remind them interest up to settlement day. Keep checking your account, it appears like magic:p

Keep the cogs of the court turning with the good advice you are getting.

Good luck:D

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.

Link to post
Share on other sites

following thread with interest.keep on going !!!!!!

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...