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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
      • 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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Yippee..another victory!


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Hi

 

Am writing on behalf of my parents, who have successfully made a claim nd won with A & L, and are now trying to do the same with Lloyds for £2500+

 

Wrote the standard 14 day letter back in March, received a reply, saying sorry we are not liable, but that if they wanted help to make a claim, then to contact the person the letter came from and they would help.

 

However, rather than choosing this option, she started to make her claim in the courts. This has taken a while, purely on the basis that the court have been short staffed and have been behind in processing claims.

 

We wrote to Lloyds solicitors whilst after they had filed their defence, and prior to us sending in our allocation questionnaire, stating that they would accept a settlement of £2450.00 in F&F. we heard nothing so rang the solicitors who said that they ahd so many charges ging through, that they could not deal with my mum at that time, but that "everyone is getting paid so not to worry".

 

They have now been given a court date of 5th july, and in light of the recent events surrounding a couple of the LLoyds claims, are extremely worried and concerned about the case.

 

if any one has any advice as to what i need to get reday for them to take into court, then i would welcome any offers of advice. In addiont, if anyone has any t & C's, they would also be greatly welcomed as we are now getting rather worried about the whole thing.

 

Thanks ever so much

 

Katie

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Guest ChloeJane

Hi Katie,

 

Yes I can understand that some of the news of late can be unnerving with Lloyds and cases but it is important to remember several things -

 

1) That each county court in the UK is able to use its own judgement and has its own jurisdiction so what happens in one court for an outcome does not carry through to the rest.

 

2) Daily there are still hundreds of claims going through with wins!

 

3) The Banks to date have not actually defended a case and won, it is more those that are often not ready for the challenge or that are un prepared that sometimes get caught out....so to be prepared...

 

Bundles - are important as it is the information you will be relying on in court if it is asked of you, to back up your claim. Some great links are below.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Hope this helps, any questions post back, but don't let other decisions concern you as untill there is a high court ruling on charges, your claim can still be made.

 

CJ

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Any further ideas as to how i can get a copy of T & C's for my parents impending court case on 5th July. Also do i need to show a copy of the T & C's from when they opened the account or from when they are making the claim??? The account was opened in the 70's sometime, and has been amended since, but unfortunately paperwork has been lost. please, please, please help!!!!

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  • 3 weeks later...

Thanks for all the help ive received on here. Afet receiving my money for HSBC 2 weeks ago, my folks ahve now recevied their payment for LLoyds.

 

We were all due in court this thursday (5th), but have recevied settlements. My folks are lucky enough to have received an extra £154 from Lloyds, on top of their claim and court costs making a grand total of £2700, so were more than happy.

 

its worth persevering, some claims take longer than others, but its worth it in the end!

 

Katie-woo

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Well Done!

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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Well Done Katei! I've got a court date for 14th August. Will you please post a timeline of your parents claim for me please so that I can compare them with my claim please?!?!?!

 

Thanks x

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Hi sasquash, i havent got all the details with me, so ill try my best off the top of my head.

 

Beginning of feb - initial letter sent

end feb - letter back from Lloyds saying thanks but no thanks and stating if we wanted help making a claim with FOS to get in touch

day after letter arrived, my mum tried ringing lloyds but all she ever got was mailbox full.

Beginning March- case filed with county court

april (sometime) request for judgement filed as not heard anything from Lloyds. defence was sent out about 2 days after this was filed, but still allowed with court.

end april - parents contacted SCM and Lloyds to try and reach an agreement. SCM said not to worry as cases were all being settled, lloyds was mailbox full (after about 5 of these calls my mum gave up!)

beginning may - letter to SCM to try and reach an agreement.

mid may - allocation questionnaire filed.

end may/beginning june - hearing date given

throughout june - various letters sent trying to reach an agreement, and asking for copies of t & c's as my folks didnt have theirs

court bundle sent to both SCM and Lloyds so that no dispute over whether they had received it. In there i included contents and appendices page, a timeframe of all communication, copy of all correspondence, schedule of charges, and copy of all statements then the info from the basic court bundle on this site detailing the common law cases and acts.

last week in june folks checked their bank account and there was an extra £2700 in there..in fact they actually over paid them as claim and costs was only £2619!, but whos counting, it pays for all the time on phonecalls, and excess postage!

Court hearing cancelled.

 

I had my own case with HSBC and that had been ongoing since january, and there were lots of times when i felt it really wasnt worth it, but they also settled last week in full covering my court costs too.

 

Stick with it, it'll be worht it in the end, though it does seem like a long road. Good luck.

Katie

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