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    • I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe?  These are my only offenses in 8 years of driving.
    • I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
    • amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  
    • Also, have you told us how much you paid for this vehicle? Are there any other expenses you have incurred – insurance, inspections et cetera? How far away from the dealership do you live?
    • In fact I see that in the document you posted above – your letter to big motoring world you refer to the diagnostics report and you say that you sent a copy to big motoring world but you haven't let us see it. Any reason for this?
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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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Help! Ltsb Defending Claim! (scotland)


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:D Good News at last. Hubby called SC&M this afternoon in a last ditch attempt to settle our claims. They have paid the money into his account this afternoon inc 8% interest! Phew!

Now getting to work on our Wasted Costs Claim (following the step-by-step instructions def :oops: )

I know we were lucky with this one, I just want to say thanks to those that helped esp stevokenevo.

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Hi folks. Received a letter from Lloyds this afternoon (not SC&M) with details of the settlement they paid yesterday. Its quite a funny letter - "the bank intends to defend this claim", "there is no merit in your claim" blah blah blah and then "oh by the way we have put £x into your account today as full and final settlemnt of the claim" :D

Anyway, they have given us 4 "conditions we have to meet in order to get the money eh, that they have already given us :rolleyes: .

 

2 points concern me -

1) "The payment will be in full and final settlement of the claim" Does this mean we wouldn't be able to claim in the future for other bank charges?

2) "The terms of this agreement are confidential...." Well no I dont think so. Im not comfortable with them dictating terms to us when we where the ones bringing action against them!

 

Can anyone confirm the 1st point? Is that what it means? Cos while we have been doing this claim, they have taken lots more charges!! (Prob trying to recoup their costs!) :mad:

 

A

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Thats what it is supposed to mean, what i did was just fired my next claim straight into the court without hesitation.

 

A while back when more people were making multiple claims, they would send the letter back with the points they didnt like scored out and initial'd.

 

Janet-M took them to task and insisted on the settlement being without condition, dont know if it made any difference to her in the end, just the principle i think.

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Hi Stevokenevo sorry wasnt on yesterday, basically your offer with conditions attached is as follows

If you were to claim again for previous charges before the settlement date they would use this against you. In the future if you accrue further charges simply go through the same procedure as there is no mention of charges in the future or your running of the account in the future, some banks have attached conditions such as this is your settlement in full and we expect you to run your acount in line with our terms and conditions and they try and use this to deny a further claim and if a further claim is made they may close the account you have.

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sorry, they did add the condition about "running the bank acc according to T&C's etc" (didnt note before as didnt think they were important)

 

What do you reccomend we do regarding these and our next claim?

 

Note with the letter they sent, there was nothing to sign and send back

 

:confused:

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basically your offer with conditions attached is as follows

If you were to claim again for previous charges before the settlement date they would use this against you.

 

Settlement date? Dont know what you mean Bigmac. Sorry:(

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The settlement date is the date they pay your claim.

 

Some banks like the yorkshire and clydesdale banks have been defending second claims on the same account, on the basis that you should have claimed all your charges in a one'r.

 

LTSB have not jumped on this band wagon yet, so, taking into consideration all the things you have been through so far, i would suggest if you have more charges to reclaim, you get the claim in asap.

 

I know you had two claims in at the one time and the first has been settled, when is the second due??

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Steve - they settled the second claim at the same time as the first :grin: . Thats what I meant by us being very lucky.

 

The "running your account properly" condition is a grey area as the new lot of charges where accrued before the recent settlement/conditions.

 

You think we should proceed with the claim asap then? (We have already issued a LBA a few weeks ago).

 

Should I just continue to send LLoyds/SC&M my letter revoking their conditions...what can they do? Take their money back...dodgy ground for them if I took it back to court!:wink:

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Thats great news, they settled bot your claims at once, i didnt realise that!!

 

Yes get your next claim in ASAP.

 

dont worry about any more LBAs or anything, they have had enough time, and seeing as they are still charging you means they have not learned a lesson.

 

To be honest, i wouldnt bother with a letter RE the conditions, unless the letter says you have an amount of time to respond i.e if we dont hear from you in 8 weeks we will take it you have accepted the conditions blah blah

 

And finally, dont worry, they cant take your money back again ;-)

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thats cool thanks. The 14 days stipulated in the LBA is up on Monday, so we will fire the next claim to the court then.

 

In the first 2 letters sent to LLoyds re this 3rd claim, the amount was for £450, but the have charged another £200 since then. When we are putting our claim into the court next week, can we claim for the updated amount or does it still have to be the £450?

 

You would think I would have a clue about this by now eh??:wink::???::roll:

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