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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.

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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.
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      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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Yakumo Vs Lloyds ** WON** POST OFT


Yakumo
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Guys & Gals

 

New today with a very quick question.

 

I served the bank with MCOL 5th May but used a service address of the responder with the "bog off" letter.

 

I trust there is no specific address for service with Lloyds and hope my case is not damaged by incorrect service of the claim?

 

The address used was some service centre in Andover, Hampshire.

 

Thanks

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Guest littlesally

I believe that all post regarding claims gets forewarded to the correct place.

 

Have a read through these

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/

 

It's a pity the chatroom is still closed as that place can really help with any doubts and fears you have.

Also good for just unwinding and having fun.

Still hopefully it won't be long.

 

It's basically a waiting game, seeing who can out stare the other - don't be the one to look away.

Many people do at this stage and give up.

 

Make sure you stick with the winners and you will be one!

 

 

 

sally x

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Thanks for all the support you guys are giving its awesome :cool:

 

The missus raised a question today that I can't find an answer for but think I know what the answer should be.

 

She said do I need to attend the court on the 18th to win by default. I thought I didn't as we havent been allocated a court date due to it not getting that far yet.

 

Am I right or is she right?

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Thanks for all the support you guys are giving its awesome :cool:

 

The missus raised a question today that I can't find an answer for but think I know what the answer should be.

 

She said do I need to attend the court on the 18th to win by default. I thought I didn't as we havent been allocated a court date due to it not getting that far yet.

 

Am I right or is she right?

 

I hate to say it .... but your right ... lol

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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  • 1 month later...

Check on MCOL. If defence not shown then go for judgement.

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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You need to phone MCOL and find out what has happened and obtain a copy of the defence. Looks like it has got lost as you say.

If I have been helpful please click on my star and add a comment.

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I was right someone is taking the p***.

 

I got a letter from Mcol today saying "we have received a defence from the defendant but unfortunately we have misplaced this. In order for us to transfer it out we need a copy of the defence. The defendant has been given 19 days from the 9/7/7 to respond.

 

Is this what I can come to expect from the British Judicial System or is this a way the court can give LTSB a few more days to submit a defence?

 

To say I am annoyed is an understatement.

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  • 3 weeks later...

Ok

 

Rang court today and they said one extra day as the 19th day was a Saturday.

 

They also said I could claim default tomorrow if no defence is submitted.

 

I thought I had seen somewhere on the site that getting default was not the panacea it is made out to be. So before I ring the court again 31st July can someone tell me if I should go for judgement by default.

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  • 2 weeks later...

Filled in a form N225 for Judgement by default.

 

Got a letter today saying

 

With ref to your recent request for Judgement, please be advised that this was entered on 08/08/07 for £4000, payment forthwith.

 

Do I need to do something else now?

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