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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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Ready for the Next Battle!!!


pieterclassens
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Well done, best of luck.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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It's tricky as they don't give you much room, but here's what I put:

 

I have a contract with the defendant bank dated approx ****,and conducted on their standard t and c's.I claim return of money taken by the defendant in way of charges over last 6 years and interest they have levied on the charges. The banks charges are disproportionate penalty therefore unenforceable as they are contrary to common law. Further as a disproportionate penalty they are invalid under the Unfair (Contracts)Terms Act 1977 s.4 and under Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In event that charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have asked the bank to justify charges but they decline. Claim of £***. Claimant also claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from **/**/** to **/**/** of £***.**and interest at the same rate up to the date of judgment or earlier payment at daily rate of *.**.

 

Just fill in the blanks!

 

Hi there, I am just at this stage now and I'm not sure how to work out the 'daily rate' until judgement or payment. Is it 8% devided by 365 days? or am I getting Confused??

 

Thanks

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I chose not to add interest but thats my personal choice.

 

The way that I understand the calcualtions though, and please others correct me if I am wrong, is this.

 

You tak the amount owed by the bank and calculate 8% of it. Divide that figure by 365 days and that gives you a figure. You then multiply that figure by the number of days since the amount first became owed to you (in other words when they took the money). Thats assuming they have taken only one charge though. It gets REALLY complicated if there have been other charges since as the amounts and dates will then change. If thats the case I would work out each charges interest individually in the same way as above and then total all of it together.

 

Dont know if this helps.

 

Good luck!!!

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I chose not to add interest but thats my personal choice.

 

The way that I understand the calcualtions though, and please others correct me if I am wrong, is this.

 

You tak the amount owed by the bank and calculate 8% of it. Divide that figure by 365 days and that gives you a figure. You then multiply that figure by the number of days since the amount first became owed to you (in other words when they took the money). Thats assuming they have taken only one charge though. It gets REALLY complicated if there have been other charges since as the amounts and dates will then change. If thats the case I would work out each charges interest individually in the same way as above and then total all of it together.

 

Dont know if this helps.

 

Good luck!!!

 

Thank you for the reply. That was what I was thinking but I couldn't find any mention of it on the site.

 

Cheers

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  • 1 month later...

Right people .... Im confused and panicked. Lloyds have submitted a defence and I have been sent their Allocation Questionaire ..... they are asking for mine. But I havent received one!?!?! Could I have ****ed up as I have moved ...... do I need to inform someone of my new address? I have all my mail redirected. Will that come through? I know some mail isnt redirected. Someone please help me out!!!!

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Call the Northampton Court with your claim number and advise them of your situation. They will be able to confirm if an AQ has been sent or not. You should inform the court of your new address.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks mate, I contacted the court and they have updated my details and sent me another AQ. They have also extended the date by which I have to return it as I didnt get the first one. So now I'm going to tackle the AQ. Wahey!!! Good luck to me!!!

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Good wishes duly wished :D

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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  • 1 month later...

I have just received a letter from Reigate Court.

 

It is a Standard Order for Stay for Settlement with Consent of all Parties.

 

The text says :

 

All parties having agreed DISTRICT LEVEY orders that this claim is stayed until 03 January 2007 to enable parties to negotiate.

 

On or before 03 January 2007, one of the following steps must be taken :

either

the claimant must notify the court that the whole of the claim has been settled.

or

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps taken towards settlement and identifying any mediator, expert, or other person helping with the process. the letter should confirm the agreement of all the other parties.

or

all the parties must file a completed allocation questionnaire at the court. where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionnaire. the list must be agreed with the other parties and must indicate that it has been agreed.

 

So what do you guys think???

 

Should I be expecting a letter from Lloyds with a cheque attached???

 

Thanks!!!

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Here's copy of the letter

 

Dear Sir/Madam,

 

Thank you for providing me with a copy of your completed N149 Allocation Questionnaire, which I received on **/**/**.

 

Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one month postponement in proceedings in order that a settlement may be reached by way of negotiation.

 

Please note that throughout the process of this claim, neither yourselves nor your client have ever given any indication whatsoever that you wish to settle this matter without the need for litigation. In fact, all my previous attempts at dialogue with your client have been met with outright refusals to negotiate this matter, and on **/**/** I received a letter from Lloyds TSB’s service recovery centre which explicitly stated that the bank had issued its final response and therefore would not enter into any further correspondence. It is for this reason that I felt I had no alternative but to seek redress by way of Court action.

 

Having said the above, I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your clients charges could indeed be proved to be unlawful penalty’s which you are trying to cloak as contractual service charges. For this reason, I will only settle for the full amount of the claim, namely £***.

 

In light of your indication of your intention to negotiate settlement, I will await your communication informing me of how you wish to proceed. I trust this will come before **/**/**, as this is final day of the month you requested to reach a settlement in your allocation questionnaire.

 

A copy of this letter will also be sent to the court.

 

 

 

Yours faithfully

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  • 3 weeks later...

Better off with this one -

Dear Sir/Madam,

 

I write in relation to the above claim (put claim details at top of letter) and specifically the staying order placed upon it by the court on **/**/**.

 

You requested this stay to be ordered in the Allocation Questionnaire of the defendant, in order that a settlement is reached by way of negotiation. The court has subsequently acceded to your request and I am therefore inviting you to offer your proposal's for the settlement of these matters.

 

I am writing on the assumption that your request to the court was made in utmost good faith and with the genuine intention of resolving the matter in hand, rather than merely an attempt to further delay proceedings in this case. I trust that as the representative of a reputable and esteemed organisation, you would not hold the honourable court's order in such contempt as not to respond to this letter positively and in the manner in which your request for the stay has indicated.

As such, I will expect a response prior to the date set by the court, **/**/** informing me of how you intend to proceed.

 

A copy of this letter has also been sent to the court.

 

Yours faithfully

 

Plus see this thread -

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 like it Gary. Thanks mate ... much appreciated.

 

By the way. I have just been sent a letter from Lloyds TSB saying they will be deducting £35 from my account for a failed DD.

 

My question is can I now at this stage add this on or would I need to start all the way at the beginning again for this amount and keep the 2 claims seperate?

 

Many thanks again!!!

 

I WILL BE DONATING TO THIS FORUM WHEN I GET MY MONEY BACK!!! LOL.

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No, you cannot increase the value of your claim after its issued without a formal application. An application would cost you the same amount as the charge anyway - £35, so its just not worth it. See if Lloyds sols will include the new charge in the settlement if/when the offer it, if not you'll have to start again I'm afraid.

 

Have you sent that letter I posted for you?

 

If no reply, send it again next week, perhaps modified slightly to say "I am dissapointed you have choosen not to respond to my previous letter" etc.

 

Then (assuming no reply), ensureing it gets there before the 3rd Jan, send this to the court with a copy to SC&M -

Dear Sir/Madam

 

YOU and LLOYDS BANK PLC

In the ***** COUNTY COURT

CLAIM No:*******

Pursuant to the order made by District Judge ***** on **/**/**, I, the claimant, hereby confirm that no settlement has been reached with regard to the claim as detailed above, and as such I respectfully request that it proceed to allocation in accordance with the overriding objective.

 

Despite the Defendant making a request for the stay by indicating an intention to negotiate a settlement on their allocation questionnaire, with regret I must inform the court that the Defendant has attempted no contact with regard to this claim whatsoever. Further, I contacted the defendant by way of a letter on **/**/**, and again on **/**/**. On both occasions I was not afforded the courtesy of a response.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as follows, with document exchange taking place 28 days after the issuing of the order. It is suggested an early date for exchange of documents may facilitate a prompt resolution to this litigation.

 

l.The claim is allocated to the small claims track.

 

2.The claimant shall by [14 days] file and serve:

 

a)a schedule setting out each charge repayment of which is being sought, showing the date, amount and alleged reason, if any, for that charge;

 

b)copies of any statement or other document relied upon as showing that each and every such charge has been made;

 

c)a statement of his evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties or otherwise.

 

d)decided cases and other legal materials

 

3.The defendant shall by [28 days] file and serve a response to the claimant's schedule, stating in respect of each item claimed:

 

a)pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

b)whether such charge is accepted to be a penalty or otherwise not payable and if not, why not;

 

c)if such charge is alleged to be a pre-estimate of the defendant's loss incurred by the claimant's actions(whether or not such action is to be treated as a breach of the contract between the parties),all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

 

d)decided cases and other legal materials

 

4.Each party shall file and serve by [28 days] a copy of all documents upon which they wish to rely. Each party shall be entitled to inspect such documents by [28 days].

 

5.The hearing of the case will take place on [date] allowing 2 hours at the ***** county court, street, town, postcode.

 

Yours faithfully,

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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  • 4 weeks later...

Have you sent the letter to the court which I suggested in the post above?

 

If so, there is'nt anything more you can do for now. You're waiting on the court's directions.

 

Let us know when they arrive.

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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  • 2 weeks later...

Hi there Gary,

 

I am really concerned as I have received the following letter from the court.

 

"Before DISTRICT JUDGE BECK sitting at Reigate County Court, The Law Courts, Hatchlands Road, Redhill, Surrey, RH1 6BL.

 

Of the court's own initiative.

 

IT IS ORDERED THAT

 

1. The stay of proceedings imposed by order of 24th November 2006 having expired UNLESS by 4:00pm on 30th January 2007 the claimant takes one of the steps as set out in the order, the claim shall stand struck out.

 

2. Any party affected by this order may apply to have it set aside, varied or stayed within 7 days of service."

 

Firstly, what the hell does that mean? Secondly, have I messed up somewhere? And finally what do I do now?

 

I am really worried as I thought the ball was in Lloyds TSBs court and was waiting for them to contact me but the letter reads as if I should have been the one everyone was expecting to be proactive.

 

Please anyone with the right knowledge let me know ASAP!!!!!

 

Many thanks!!!!

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So you did'nt send either of the letters I gave you? Why ever not? You're now in breach of the courts order, dispite the fact that everything you needed to do was laid out on a plate for you - all you had to do was copy, past and post!!:rolleyes:

 

Oh well, I suggest you get a move on and do it now. Send the letter to the court - the one in the more recent post above - as soon as possible. Also copy SC&M.

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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Hi Gary, sorry about the letter. I was under the impression that I had to send the letter BEFORE the 3rd January. Anyways I have printed off the letter and sent it to the courts. Will let you know what happens.

 

Thanks for your help. It is not taken for granted and very much appreciated,

 

Cheers

 

Pieter.

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  • 2 weeks later...

Hi Gary,

 

Having sent the letters with the appropriate dates what now? Should I be doing something else? I havent heard anything from the Court, Lloyds or SCM.

 

Just wondering if theres anything I could be doing. The first expiry date is tomorrow (08th Feb).

 

Cheers mate

 

Pieter.

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You could ring the court to check they recieved your letter, but apart from that, not alot really. You're waiting for a response from the court, which will most likely be a hearing date and directions. Let us know when you hear anything.

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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