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

Charge for Payment served on LLoyds TSB


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6161 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

Hi Everyone, just to update you on my situation. I was granted a decree against LLoyds on May 15th. I wrote and asked for money including more charges, by the time they paid the amount £1043.54, on Monday 4th June. There were more charges that had accrued so I called Legal Dept at Lloyds, prat there said I aint getting any more money, told them if it wasnt in account by end of day Sheriff Officers would go to local branch and serve Charge. Just waiting on my money, they cant recall decree because they choose not to be represented, easiest £400 plus Sheriff Officers fees I have made.

Link to post
Share on other sites

Hi Lindar, thanks for keeping us posted.

You don't seem to have your own thread. Might be an idea to start your own thread in Lloyds so that everyone can keep a track of your case and that way you will get maximum help. Perhaps someone will transfer your posts to that thread, I can' unfortunately.

Good luck!

Link to post
Share on other sites

Hi Everyone, just to update you on my situation. I was granted a decree against LLoyds on May 15th. I wrote and asked for money including more charges, by the time they paid the amount £1043.54, on Monday 4th June. There were more charges that had accrued so I called Legal Dept at Lloyds, prat there said I aint getting any more money, told them if it wasnt in account by end of day Sheriff Officers would go to local branch and serve Charge. Just waiting on my money, they cant recall decree because they choose not to be represented, easiest £400 plus Sheriff Officers fees I have made.

I was granted decree for Abbey on 8th May, and when I applied to the court for costs they sent it back with an Extract of Dissmissal. So I was sure from that that you can no longer claim costs? I'm confused? The Abbey had paid up before the court date without appearing?

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

Link to post
Share on other sites

I have an extract of payment and that states the amount decree was granted for, my costs, and 8% interest. I asked for the above and that was what was on my summons at very start in part 4 on Form 1. Lloyds didn't pay up before court date, they wanted case dismissed because they paid £150 into my account a few days before, but my summons was for £710 hence the decree was granted in my favour. I would call your local Sheriff Clerks office to try get sum answers.

Link to post
Share on other sites

Part 4 on my form I have put... The persuer claims from the defender the sum of £1311.44 with interest on that sum at the rate of 8% from the date of service (together with the expenses of bringing the action)

But after I asked the court for costs they sent me an extract of dismissal, which says The Sheriff dismissed the action against the defender and found no expenses due to or by either party.

How can that be? I spent bloody hours on that claim, and I mean hours on here searching and reading and researching consumer law the time out of my life which is gone now and I can never get back! The paper I used, the ink, the wear and tear on my printer, postage, fuel running to and from post office and court?

Hello, are these not reasonable costs? I think I feel a letter of law coming your way Sheriff!

I'm such a drama queen, but very rarely wrong :p

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

Link to post
Share on other sites

Hi Chocolatte,

 

I think what has happened here is that after the return day you did not go down to your court and sign the papers.

I was doing a claim for my son and I thought that I went to the court after the calling day and when I did go down I was informed that the sheriff had dismissed the case. Today I have received my son's court papers and on the back it says the same as your one. Did you go to the court?

Luckily my son got his money before the court date so he did not loose anything except the sheriff officers fee (which I paid for anyway).

When I did go to the court I was told that we could do something else, sorry forgot what they said, but you could ring them and ask.

Hope this helps a little.

 

Eileen

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...