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    • If you are buying a used car – you need to read this survival guide.
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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 
      • 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
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martin56 v Lloyds - payment in full!!


martin56
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Hi, just starting process against Lloyds (DPA letter sent yesterday) but just wondering if anyone thinks that press coverage of the 'unlawful' charges thing is gathering pace?

ie; Radio 2 (Jeremy Vine) Friday, front page Sunday Times, and just now (Tuesday) caught a snippet on BBC1.

Are the banks getting wind (and maybe their defences up)?

Or is it a good thing for all concerned? Any thoughts?

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Guest NATTIE

AngryPrincess a member of this site is the girl you refer to. Banks want you to sign confidentiality agreements but you can refuse to do that because the bank will not go to court

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  • 1 month later...

Hi, small update on my revenge against Lloyds - have just received my statements from them as requested in the Data protection letter (within the 40 day limit) and have used the templates for the Schedule of Charges and the Prelim Letter - going out on Monday.

Thanks guys - have been following with interest many of your stories.

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Hi Martin, Well done for getting this bit done and stick with it.

 

It really is essential that you start a thread so that we can follow your case. You will get better responses and advice as well...and it will make it easier for you to see your own progress as you meet deadlines etc.

I look forward to seeing how you are doing,

Cat

29 March 2006 Data Protection Act Request sent for ac 1 (then she got a bit distracted but got another charge so...)

27 May Prelim letter sent for ac 1

27 May Data Protection Act Request sent for ac 2 & 3

21 June Prelim Letter sent for 2 & 3

14 July LBA sent with schedule for ac 1 & 2 & 3

7 August MCO filed – defence expected 10 September

11 September defence filed - signed Sean Copping

12 September AQ form received

18th September AQ sent back to Lambeth Court and copy sent to solicitors both recorded delivery

13th Feb 2007 Court Date Set

15th Feb Reclaimed Money is in my bank Account

 

Cat's opinions are those of a nurse and most definitely, definitely not those of an accountant or solicitor, although she was always quite good at sums and elocution.

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29 March 2006 Data Protection Act Request sent for ac 1 (then she got a bit distracted but got another charge so...)

27 May Prelim letter sent for ac 1

27 May Data Protection Act Request sent for ac 2 & 3

21 June Prelim Letter sent for 2 & 3

14 July LBA sent with schedule for ac 1 & 2 & 3

7 August MCO filed – defence expected 10 September

11 September defence filed - signed Sean Copping

12 September AQ form received

18th September AQ sent back to Lambeth Court and copy sent to solicitors both recorded delivery

13th Feb 2007 Court Date Set

15th Feb Reclaimed Money is in my bank Account

 

Cat's opinions are those of a nurse and most definitely, definitely not those of an accountant or solicitor, although she was always quite good at sums and elocution.

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  • 3 weeks later...

Hi Guys,

 

My LBA letter goes out to Lloyds tomorrow!

 

Received a reply to my Request For Refund letter from Customer Service Recovery Centre in Andover (probably a general response) saying charges not unfair, don't agree with OFT and that this is their final response.

 

They also said if I remain dissatisfied I may 'refer my complaint to the Financial Ombudsman Service'! Think I'll just stick with the small claims court eh?:D

 

Many thanks - watch this space...

 

Martin56

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Good luck Martin56.

 

It was definitely a standard response you received but it sounds as though you've got things organised. Just prepare yourself for a very long process but you'll get there in the end.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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  • 2 months later...

Hi all,

 

Story so far.....

I am up to the point where Northampton Court issued my claim (just under £1000 - small fry compared to some people!) on 13 Dec. I used the on-line method, but having sat here reading through lots of advice, debate and others' comments I realise that I must send the court my schedule of charges relating to my claim and also re-send to LTSB.

Is this correct and if so is there anything templated for this? I believe I'm capable of drafting my own letter but having used your great site for everything else I would prefer to keep it uniform.

 

Thanks and keep up the good work! :|:smile:

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Hi all,

 

Story so far.....

I am up to the point where Northampton Court issued my claim (just under £1000 - small fry compared to some people!) on 13 Dec. I used the on-line method, but having sat here reading through lots of advice, debate and others' comments I realise that I must send the court my schedule of charges relating to my claim and also re-send to LTSB.

Is this correct and if so is there anything templated for this? I believe I'm capable of drafting my own letter but having used your great site for everything else I would prefer to keep it uniform.

 

Thanks and keep up the good work! :|:smile:

 

Use this

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

  • Haha 1
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Hi again guys,

 

Have just realised that the charges spreadsheet updates every different day you log into it.... When I submitted my claim to court online -13 Dec -I adjusted manually the interest to date from when I created the spreadsheet (18 Sep) and consequently have claimed £14+ too much.

What a fool!:mad: (It was done at 1 am)

Any ideas please - I havn't sent the schedule yet.

Thanks

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Hi martin

 

I have also claimed just under £1000 from lloyds, via the online service.

My claim was issued on the 13th as well, thought it would be interesting to follow each others progress !

 

Thanks to livelylad for the advice, i was confused about sending the schedule of charges again as my claim stated that i would, yet i couldnt find any mention of it on the site untill now.

 

So ive just put it in the post this evening and will sit back and wait to see what happens.

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Hi Gizmo,

 

Sorry my question was a bit misleading - what I meant was that I calculated what the S69 interest was from 18/9 (date I created the spreadsheet) until the date I submitted the claim - 13/12, thinking that the interest on the spreadsheet hadn't changed since then. I then added it on to the amount (from the spreadsheet) I submitted on the on-line form. I didn't physically change anything on the spreadsheet.

It was only when I learned I must send a copy of my schedule of charges to the court that I noticed the difference!

Hope this makes it clearer.

Many thanks

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  • 5 months later...

Hi Guys,

 

Have been away for quite a while so not been on the site for ages, but just wanted to report that recieved full settlement from Lloyds in April approx. 4 weeks before due to go to court!

Had a date in May for local court but recieved a letter from their lawyers informing me that they were settling in full (charges, interest & court costs) but were not accepting 'liability' etc.

Asked me to write to the court to inform them and cancel the appearance and to send their client ie. Lloyds, a copy - which I duly did.

My account had been credited before I recieved the letter!

 

Many thanks to everyone on this site for their help and a donation will follow. :smile:

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Martin,

 

Congratulation to you and well done!:grin:

 

I am in the process of pursuing the Alliance & Leicester since December, but they are playing hard to get...and have lodged a defence to my claim.

 

It would be interesting to hear from anyone who has had a similar experience and how they got on.

 

Cheers!

 

Andy

 

 

 

Hi Guys,

 

Have been away for quite a while so not been on the site for ages, but just wanted to report that recieved full settlement from Lloyds in April approx. 4 weeks before due to go to court!

Had a date in May for local court but recieved a letter from their lawyers informing me that they were settling in full (charges, interest & court costs) but were not accepting 'liability' etc.

Asked me to write to the court to inform them and cancel the appearance and to send their client ie. Lloyds, a copy - which I duly did.

My account had been credited before I recieved the letter!

 

Many thanks to everyone on this site for their help and a donation will follow. :smile:

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Martin,

 

Congratulation to you and well done!:grin:

 

I am in the process of pursuing the Alliance & Leicester since December, but they are playing hard to get...and have lodged a defence to my claim.

 

It would be interesting to hear from anyone who has had a similar experience and how they got on.

 

Cheers!

 

Andy

 

Cheers Andy, good luck with yours! :razz:

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