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

Lloyds TSB - DILEMMA - SCOTLAND


Guest lush2010
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6179 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

Guest lush2010

Hi all, could do with some of your more than helpful advice...

 

Basically claiming about 1.7K from Llyods(Not included interest over 6 years). Have reached the stage of final letter sent and was about to proceed with court action.

 

However, Llyods have sent me a letter dayed 9th May offering me £750.00 as their final response, this will be credited to my account within 10 working days. Also within the letter they enclosed a leaflet for Financial Ombusdman and advised that i could take the complaint further within six months of the date of the letter.

 

I am now living back in my hometown of Inverness, the account with Lloyds is held in Oxford where i lived for seven years. Now this is where the dilemma comes in...

 

I understand the Scottish Small Claims Court i.e £750.00 max claim etc!

 

Do i accept this offer or take the matter further? If so what route do i take and what would be my next action??? :-?

 

Any help or advice would be greatly received.....

 

Thanks in advance....

 

Kind Regards

 

lush2010

Link to post
Share on other sites

Hi, im in same situation. with Lloyds tsb. i asked for 1.5k and they are putting £750 in my account even although i dont want to settle. I am not giving up and am looking into still taking them to the small claims court for the additional £750 (which is the small claims limit in scotland) I know you can make multiple claims so maybe thats the way forward for you. if i find out anything i'll let you know. nicola47

Link to post
Share on other sites

Alot of courts now are not allowing multiple claims as they see this as abusing the system so I wouldn't advise doing this at all ..... you could use the FOS for a claim of £1700 as the maximum in Scotland is a summary cause which allows you to claim up to £1500 yourself, anything over this requires a solicitor raising an ordinary cause.... if I was you I would send them a letter accepting the £750 as part payment ( declining it means nothing to them they'll put it in your account anyway as they did with me ) and carry on pursuing the rest using FOS.... :D

 

The icing on the cake is that the bank gets charged a nice little £400 (or there abouts) for every complaint raised with the FOS

 

Good luck

Link to post
Share on other sites

Guest lush2010

Cheers for your advice you 2...

 

Dilemma continues though...

 

Before i could even get a chance to respond to letter from Llyods, they have proceeded and credited my account with £750.00

 

Was going to take your advice ¨Jaybabes¨ and send letter saying that i accept this as part payment...Feeling slightly confused now as to which route to take? :confused:

 

Claiming 1.7K all in all not including interest...

 

Bank admitting to being in the wrong with letter dated 9th May 2007, stating that they will credit me £750.00, final response, final letter, no more words said etc...

 

I know that the Small Claims Court Scotland has a £750.00 limit, pretty much realise that Llyods are playing on this also, Scottish Law etc.....

 

Do i now take this matter further, FOS(Financial Ombusdman) etc, transfer money into new account and go for glory???

 

Any advice from anyone would be greatly received if antone on the same boat as me....

 

Thanks in advance again....

 

Kind regards

 

lush2010

Link to post
Share on other sites

Slow down!

 

Write to them telling them that you are NOT prepared to accept this.

 

Then . . . . go and read the threads which the mods have posted about ... well, procedures, and go through them step by step so that you know what the advice is.

 

Make sure that LLOYDS know that you are NOT accepting this.

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

Link to post
Share on other sites

hI lush

 

I would write to lloyds and tell them that you are not accepting this final settlement. When they put this money into your account (which they will do) do not spend it. What I would then do is go to court for the remaining amount. You said that you claim was for £1,700, what I would do is raise a summary clause for the outstanding amount i.e. £950. plus interest, plus costs and go the court route.

 

Keep a copy of all your letters to lloyds and also inform the court what is happening with the claim. I personally think that lloyds have shot themselves in the foot here, because they have paid you £750. it leaves your balance under the £1,500 summary clause and leaves the way clear for you to do this.

 

This is only my opinion but I think I would do this

 

Eileen

Link to post
Share on other sites

I would agree with eileen - they have unwittingly brought you back onto the far safer ground of summary cause. I would exploit this fact.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

  • BankFodder changed the title to Lloyds TSB - DILEMMA - SCOTLAND
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...