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 
        • 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
        • Like

if anyone from glasgow can help?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6020 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 there, I have read through this forum and find it very helpful but also quite confusing the more im reading!!! I have wrote my prelim letter and heard nothing then my LBA and still heard nothing so time is up tomorrow. Its the bank ofscotland and the ammount being 1600 before interest. Ok firstly do i just go into the sherrif court and ask for the small claim forums? Also ive read i have to do it seperate claims but then another post saying different. If anyone from Glasgow or Scotland could assist me as i want to keep the timing right with all this and dont want to make a mistake. thanks in advance. Kaz

Sent

 

Halifax (mortgage), Barclaycard and BOS DPA letters.

Link to post
Share on other sites

Hi Kaz,

 

There are different ways that you can go about this. One way is the fos because your claim is over £1,500 which is the highest amount that you can claim under a summary clause.

You can do a summary clause for £1,500 and forget the £100. over the limit and that way you do not have to do multiple claims.

If you want to claim for the full amount you can go through the fos and claim for the full amount. You have to receive a definate no letter from the bank first before the fos will deal with your case.

I have had 2 claims against the bos and what I have found is that they will send you a letter saying that they want 8 weeks to reply to yourself.

Just before the 8 weeks are up they will then either give you a reduced offer or no offer at all. I personally think that to wait the 8 weeks is a waste of time.

Hope this helps.

 

Eileen.

Link to post
Share on other sites

Hi there, thanks for the replys, Ok i since i havent heard from the bank after the 2 letters so i cant go the FOS route. One of the accounts is 500 approx with interest and the other one is 1200 exlucing interest (not calculated that yet). Do you think i could do a small claims on the 500 one first n see how it goes? thanks in advance. Kaz

Sent

 

Halifax (mortgage), Barclaycard and BOS DPA letters.

Link to post
Share on other sites

Ok i since i havent heard from the bank after the 2 letters so i cant go the FOS route.

Did you send them recorded delivery? The banks have 8 weeks to resolve your complaint if they still haven't given you a response you can then go down the FOS route.

 

Do you think i could do a small claims on the 500 one first n see how it goes?

Don't see why not as they're seperate accounts. Just make sure that the small claims claim is finished before you start the summaty cause (if you choose to go down this route).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Hi there, thanks for the reply. I posred the both recoreded delivery. I will speak to hubby n see what he thinks. Do i start the 8 weeks from the date the last letter was to have action or the first one thats sent?

 

Thanks

Sent

 

Halifax (mortgage), Barclaycard and BOS DPA letters.

Link to post
Share on other sites

You start the 8 weeks from the first letter asking for your money back.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

hi kaz,

dont worry i was very confused at first too! im claiming in paisley, & like yourself was owed the same amount but i took off sum charges to take it to £1489 without interest and added the interest on court papers you can get the papers online off the scots court website & its summary cause summons form 1 & 1b fill them online & pop down to your court who will make sure there correctly filled before accepting them(trust me i no i had three visits b4 my papers went through)i am now sitting biting my nails waiting for my return date to call find out if the bank have defended! good luck

Link to post
Share on other sites

Hi,

Have you been down to the court and inform them that the bank has not defended. What you do is after the return date you phone the court and ask them if the bank has defended, if they haven't as you say you then go to the court and they write something on the papers and basically you have won. (sorry i do not know what you write on the papers, I will know later as I am going down to the court to do this for my son). Make sure you do this because with my other son I got mixed up and did not go to the court until after the calling date and his claim was dismissed. This didn't matter as much as the bank had already put the money into his account. Have you checked your account yet to see if the money is there.

Hope this helps

 

Eileen

Link to post
Share on other sites

Hi, thanks for replying, yes i have contacted the court and they have advised that the banks have not been in touch, they told me to complete form 11 and lodge a minute, do you know how to complete it at all? and what charges i put on it? It may just be something simple but help! Thanks.

Link to post
Share on other sites

Hi Punjaban,

 

Just go down to the court and they will help you, I am doing the exact same thing this afternoon at Glasgow Sheriff Court. They are very helpfull down there. Believe it or not it is very simple, that simple that I keep forgetting what to put.

 

Might see you there

 

Eileen

Link to post
Share on other sites

Hi

 

Link to form 11 is here http://www.scotcourts.gov.uk/sheriff/small_claims/forms/Form11.doc

 

Just put in your case number, the banks name and under the column titled minute(s) just ask for you decree plus interest plus cost of bringing the action.

 

I attached another schedule of the charges showing the column with the 8% interest from date of charge to date of service. As well as the Sheriffs officer fee (only for summary cause).

 

If your not sure the clerk will tell you what to write when you go down to the court.

 

And yes you are nearly there but you have not quite won yet!. The bank is entitled to ask for a recall of decree (which I notice some of them have been doing lately) but this is only a delaying tactic. As they hope you will give up and not attend the re-scheduled prelim hearing.

 

All the best and well done!!!

[sIGPIC][/sIGPIC]They don't like it up 'em Mr Mannering :-o

 

Abbey Claiming £1241.00

S.A.R - (Subject Access Request) requested - 17/02/2007

Prelim sent - 26/03/2007

LBA sent - 13/04/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE!

*** WON *** Cheque recieved 13/9/2007

 

Lloyds TSB Claiming £1335.00

S.A.R - (Subject Access Request) sent - 07/03/2007

Prelim sent - 13/04/2007

LBA sent - 03/05/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE

**WON** Cheque received 6/9/2007

Link to post
Share on other sites

Hi everybody,

 

Just to let you all know, the banks did not put in a defence against my son's c/c and he has now won. We are just waiting for the decree which should take about 2-3 weeks.

 

We also claimed compounded contractual interest at 19.9% so it just shows that it can be done.

 

Good luck to everyone else.

 

Eileen:D

Link to post
Share on other sites

Well done Eileen :D

 

CI is easier to claim on credit cards and I would always recommend people do this.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Hi Punjaban,

 

Did you go down to the court and do your form 11. If so yes you have won. The bank can still do a recall but I think that is highly unlikely. I have never had a bank do this yet.

 

What happens now is that the court will send you out your decree and you then inform the bank that you have it and that you would like your money.

 

So good luck. Let us know when you get your decree.

 

Eileen.:D :D :D

Link to post
Share on other sites

  • 2 weeks later...

Hello, i went on the 13th july to court and handed them my form 11, have not had any news.... does it take this long? Once i have received this, do i need to take this to sheriff officers again for them to put forward to bank? thanks.

Link to post
Share on other sites

Hi punjaban

 

It takes two to three weeks from handing in your form 11 also don't forget there are postal strikes at the moment which are delaying things a bit. You say you handed your forms in on the 13th so if you have not had your papers back by Friday's post I would give the court a call on Monday and see if they are on there way.

 

Yes once you have your extract for payment you can take this to any Sheriffs Officer and get them to serve the bank, however it might be quicker to contact the bank tell them you have your extract and require payment within 7 days other wise you'll get the Sheriffs Officer to serve which will cost them even more money.

 

Cheers Iain

[sIGPIC][/sIGPIC]They don't like it up 'em Mr Mannering :-o

 

Abbey Claiming £1241.00

S.A.R - (Subject Access Request) requested - 17/02/2007

Prelim sent - 26/03/2007

LBA sent - 13/04/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE!

*** WON *** Cheque recieved 13/9/2007

 

Lloyds TSB Claiming £1335.00

S.A.R - (Subject Access Request) sent - 07/03/2007

Prelim sent - 13/04/2007

LBA sent - 03/05/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE

**WON** Cheque received 6/9/2007

Link to post
Share on other sites

  • 1 month later...

Punjaban

 

I'm assuming that you wrote to the banks and told them you had you decree and extract for payment and asked them for your money. If they have not paid then you need to go to a Sheriffs Officer. (you can find them in the phone book) they will then formally serve the bank the charge for payment, the bank then has 14 days to pay up or request a recall. If they have still not paid up then you can go back to the Sheriffs office and get an attachment, but that really should not be needed.

 

I used Scott + Parker at 279 St Vincent St they were very helpful and on both occasions served the relative papers the next day. You just need to take your extract for payment and the fee which is about £25 (you get this back) to the Sheriffs office and they do the rest.

 

Don't worry you will get your money it took Lloyds over 3 weeks to pay up for me!

[sIGPIC][/sIGPIC]They don't like it up 'em Mr Mannering :-o

 

Abbey Claiming £1241.00

S.A.R - (Subject Access Request) requested - 17/02/2007

Prelim sent - 26/03/2007

LBA sent - 13/04/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE!

*** WON *** Cheque recieved 13/9/2007

 

Lloyds TSB Claiming £1335.00

S.A.R - (Subject Access Request) sent - 07/03/2007

Prelim sent - 13/04/2007

LBA sent - 03/05/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE

**WON** Cheque received 6/9/2007

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...