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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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can anyone help?**WON**


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sorry to sound dim but i filed the papers in court against LloydsTSB for £2200 in charges towards the end of May. They had till 6 June to reply to the court but i spoke to the court today and they have not had any reply. Does that mean i have won?

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Hi

No it's not quite as easy as that, have a read of this:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

 

Good luck, let us know how you get on.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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  • 2 weeks later...

well, i think this is all starting to get complicated! here's the story so far.......... on June 8 spoke to the court again, they said no reply from LLoydsTSBb so i should file for judgement by default which i did the same day.

last week had a letter from the court saying that loyds HAD replied on June 4 and therfore had another 14 days (from June 6) to file a defence.

now the plots thickens me thinks! Today i had from the court 'judgement for Claimant' that orders lloydstsb to pay me £2217.00, (the full amount, i didn't try claiming interest) The order was dated 21 June and they were ordered to pay by 23 June! So, i phoned the court again today to see what happens next, and they said that Lloydstsb have put in a defence now and the court has today posted me an AQ. They said that the order still stands but can't be enforced before the case goes in front of a judge.

so now i am confused as to exactly where i am and what will happen next. any help or advice would be fantastic.

P.S. the court is exeter btw if this makes any difference.........

thanks in advance!

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Hi

I would fill in the AQ, use the links below to help you, send it back (copy to SC&M) and then just wait to hear from the Courts:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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thanks for the advice. to date i have had not contact from SC&M at all. their address was on a letter from the court, thats how i know its them!

who sends me the defence, the court or Sc&m?

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hello again! Now i'm in a right pickle and don't know what to do, any offers of help please?

i got the defence from the court today, and it dosen't look like the defence that anyone else has talked about! this is it in full:

1. The Defendant Lloyds TSB Bank pic (the Bank) is a Bank whose registered office

is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has

been a customer of the Bank at all material times.

2. This Defence is served without prejudice to the Defendant's contention that the

Statement of claim is insufficiently particularised and is embarrassing. The

Defendant reserves the right to plead further to the Statement of Claim once

they are sufficiently particularised.

3. The Defendant will object that the Particulars of Claim in this action disclose no

reasonable cause of action against the Defendant and makes no allegations

against the Defendant as to why the Defendant should be liable to the Claimant

for the amount claimed.

4. The Particulars of Claim do not comply with the Civil Procedure Rules as

(amongst other things) they do not identify the account in question that appears

to form the subject matter of these proceedings or indeed show how the sum of

£2217.00 is arrived at and the Particulars of Claim are too vague. The

Statement of Claim shows no reasonable grounds for bringing the claim.

5. The Claimant should, therefore, be ordered to file and serve an amended claim

to set out the basis in law and fact for his claim as there is no pleaded basis for

the claim itself. The Claimant should give full Particulars of the Bank Account

and the charges he is seeking to recover, identifying each charge, the date and

amount of the charge and why the Claimant in each case he alleges it is a

disproportionate penalty and thus unlawful.

6. The Defendant should then be given the opportunity to defend the proceedings

further.

i also got the AQ from the court at the same time, but i really don't know what to do now!! have i completely messed it up?

any advice gratefully received! many thanks!

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thanks everyone, i think this is where i have gone wrong! all i did was fill out the N1, and posted it to the court. Then i got the notice of issue, then the Judgement for Claimant (in default) and now this defence and the AQ.

is all hope lost that LTSB are gonna pay for a holiday for me??:(

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can i at the same time add interest to it, because when i first filed the claim i did not include any interest?

Yes

 

Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

See here for a visual guide:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

When entering your charges, don’t delete anything first. Just overwrite the existing examples: type of charge, amount and date.

 

The ‘Days Since’ and ‘8% Interest’ columns will be calculated automatically

 

Save it and print out as your schedule of charges

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FANTASTIC NEWS!!!!!!!!!!!!!!!!!!!!

JUST CHECKED MY ON LINE BANKING AND I AM £2217 BETTER OFF!!!!!!!:) :) :) :) :) :)

Can't believe its been there since Friday and i hadn't checked!!!!!

 

thanks for all the help offered by everyone here!

 

off to book a holiday!!!!

and i will sort out a donation to this fantastic site as soon as i get back (from the travel agents) not holiday!

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