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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
      • 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
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megga charges ****WON****


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:confused: I submited my AQ on 28/06/07 and attached to it t a templet letter i found on this site stating the claimant shall within 14 days of service of this order send to the defendant and the court blah blah... i have put together the basic court bundle and added my own documents. do i just tske these to the court or do i wait for direction from thr judge? the templet letter i have sent states if i fail to comply with the order, the claim will be struck out without further order. i'm out of my depth and panicking....

help needed!999

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the letter i sent with my AQ states

The claimant will within 14 days of service of this order send to the defendant and to the court

*A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given for that charge being made

*copies of any statements or other documents relied upon as showing that each and every charge has been made;

*a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

*copies of decided cases and other legal materials relied upon

If the claimant fails to comply with this order, the claim will be struck out without further notice.

does this mean i send my court bundle within 14 days to the court and to [problem]. if so who do i address the court copy to???

help needed!999

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Thank you Barty for your support.

today i have recieved a letter from SC&M stating they intend to defend the claim on the following grounds

 

1. the fees that you seek are properly incorporated into your contract with the bank ; and

 

2. by making payments(whether by cheque, debit card or any other means) from your account where you have insufficient funds to cover them, you are making a request to the bank for an increased overdraft, which the bank may meet or decline. if it meets your request, you must pay the necessary charges. the issue of penalties only arises as a matter of law, where there has been a breach of conjtract, and there is no breach of contract here.

 

Looking ahead, a situation which gives rise to a dispute is not one the bank wishes to continue. in view of this, you are requested, please, to make contact within 14 days with your local Lloyds TSB branch manager, on 0845 3 000 000, to review your account. a review may be useful to consider whether your current banking arrangements are the most appropriate for your needs.

 

we await conformation from the bank that this action has taken place.

 

is this a standard letter or am i in trouble!!!!

help needed!999

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:eek: can anyone offer any support !!!! am i the only one to get a letter like this. i have read lots of threadsand cannot find anyone who has recieved this letter from SC&M :???:

help needed!999

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Perfectly standard letter they have been sending out quite a lot of these recently - settlement is just around the corner. More than likely your local manager will have no idea what the whole thing is about.

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Thanks nicsussex further developments.... i rang at 15:00 today to make an app at my branch as requested in the letter from SC&M and was given an app for 14:30 on monday. at 18:30 'steve' who i've got the app with on mon rang and asked could i make it tomorrow instead, i told him i'm working and mon is the earliest i can make it - he then asked me to take all my documents along with me. he wants me to take my court bundle. i am dubious of taking it, is it ok to refuse. i don't want them to inform the court that i am being un-cooperative

help needed!999

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You have been asked to go along to 'review your account' not to discuss the legal basis of their penalty charging regime with one of their 'sharp suited salesmen'! By all means attend and discuss your account - but they have had plenty of chances to enter into a dialogue on your charges and they have failed to do so - perhaps you should ask them to provide you with a full breakdown of their costs in relation to their charges at this meeting?

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You have been asked to go along to 'review your account' not to discuss the legal basis of their penalty charging regime with one of their 'sharp suited salesmen'! By all means attend and discuss your account - but they have had plenty of chances to enter into a dialogue on your charges and they have failed to do so - perhaps you should ask them to provide you with a full breakdown of their costs in relation to their charges at this meeting?

Absolutely.

 

All communication during the litigation process should be in writing only, and copied to the court. Personally, I would advise you not to go - write back (via fax) to [problem] telling them that you will happily attend a review once the claim is settled or otherwise concluded, but not before.

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 got this very same letter from SC&M solicitors today, Ill call them to see what the meeting is all about but only to discuss my account, I might ask the manager to obtain some original T's and C's as well. Ill let you all know how it goes

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hi guys just to let you know, TSB acknowledged claim 30.6.7, will defend etc. Today received 2 letters 1st stating charges fair and will defend, 2nd stating charges fair but will offer full and final settlement (full amount + int)- just sign and send back (oh and arrange a meeting with manager - which I did try but have 1 with customer service rep on Monday. Sent form back special delivery tonight - should get there Monday. Will let u know when money is in account - will be thinking of you on Monday.

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oh i'm so giddy..... i have recieved a letter from SC&M this morning stating

 

Accordingly, the bank is, without prejudice to the position set out above, willing to pay you the £9222.80 you are claiming by the bank charges and interest of £106.11 plus the court fees of £400 in full and final settlement of your claim. this will be paid on the following basis:-

 

1. the above amounts (8978.91 in total) will be credited to your account ******** by this bank. this payment takes into account the sum of £750 already paid to you by our client on 11/06/2007

 

2.The payment will be in full and final settlement.

 

3. The terms of this agreement are confidential to the parties and their legal representatives.

 

4. You agree to maintain your accounts with Lloyds TSB within your agreed limits and in accordance with the terms that govern the account.

 

5. You can avoid these fees in future if you agree an increase in your overdraft with the bank before you try to make payments that would take you over any previously agreed limits. If you do not do so, you will again incur fees.

 

6. You make contact with your local Lloyds TSB branch manager to arrange a review of your account. The bank wishes to avoid further situations which gives rise to disputes. a review may be useful to consider whether your current banking arrangements are the most appropriate for your needs.

 

7. You must notify the courts immediately once payment has been made and provide a copy of your letter to the court for our records

 

please let us know whether you are prepared to settle this matter on these terms. if so, the bank will arrange to credit the above amount to your ********account.

 

if you are willing to settle on this basis, please sign a copy of this letter as conformation that you are bound by it's terms, and return it to us as soon as possible

 

we look forward to hearing from you at earliest convenience but not later than monday, 16th july 2007

 

yours faithfully

SC&M

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I WON :) :) :) :) :) :)

 

as soon as the money is in my account i will make a donation to this site, i could not have done it without you all. thanks

help needed!999

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Me to Guys, got the second letter the very next day... £848.50 not as much as Suzanne but still as sweet!!!! Im thinking of checking out my second account that I have with Lloyds, If i sign this letter i will still be able to claim on my other account wont I? Congratulation to all, donation will arrive once I receive the cash!

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I am worried about sending the acceptance without clauses letter incase they withdraw the offer, i have come so far with so much stress the carrot has been dangled and i want to grab it#!!?? will they still pay out if i don't agree to their terms

help needed!999

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They have no right to try to impose terms on your settlement - its your money and you are doing them a favour by dropping your action.

 

Not accepting the terms will not affect the settlement.

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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Crossed posts:)

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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