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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
      • 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
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Think i've made a big mistake ** WON**


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Hi everyone

 

This is my first post so not sure if done it right. Its probably gone to the completely wrong place, then I will be really stuffed!

 

I have issued a claim with Lloyds TSB, they filed a defence and it has been transferred to my local court.

 

I have been told by my local court that I will not get an allocation questionnaire, I will recieve a date for a preliminary hearing. Has anyone else been told this.

 

I really need help here as I am getting really stressed out with Lloyds TSB.

 

Thank you in advance

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Hi

 

Don't panic. That's what they are hoping will happen and you will back out. Stand firm, take your time and try to prepare properly. We have a Prelim hearing in Cambridge on 30th July. Hopefully we will both receive a settlement before court.

 

Good Luck

 

Jay

 

:)

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Thanks for that would you let me know what kind of preparations i need to make.

 

Follow the link that Barty has supplied above - as a matter of interest what are the details of your claim? Amount etc.?

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Hi Sharon

 

Have you received a court date yet ?

 

Where will you be going to court ?

 

My date is for the 30th July but have not had any contact with Lloyds or SC&M yet. I haven't had a goodwill payment yet like many others have either. Have you ?

 

Good Luck

 

Jay.

 

:)

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No I have heard nothing from the courts (stoke-on-Trent) about a date for the prelim and not a peep from SC&M. No offer of goodwill payment either.

 

I am worried because my claim is over £5,000, the total amount is £5424.44 and I am hearing about these fastrack things which I really could do without, I would prefer small claims. Also I think i have made a big mistake because I naively started this ages ago and didnt realise that you cant claim the normal overdraft interest which I have tried to claim. I didnt claim the 8% interest though because I wasnt sure how to work it out (although i do now).

 

Do you think it might get struck out? I wish I knew then what I know now.

 

Any more developments with you?

 

good luck

 

Sharon

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I really need advice.

 

Started a claim a while ago against Lloyds. A friend gave me copies of the letters so I sent them all off. i am waiting for a date for a prelim hearing at the moment, but the problem is I have tried to claim charges that I now know after reading stories on this site) that I cant claim.

 

I put all charges, including the normal overdraft charges, I had an agreed overdraft and I have put all charges in the claim (ouch). I did not however claim for the 8% interest that I understand now that I could have claimed.

 

Any advice would be appreciated, dont know whether to just cancel this claim and start a new claim, but I will lose £250 court fees that I paid because my claim is over £5,000.

 

I really wish I had visited the CAG site months ago.

 

Help

 

Thanks

 

sharon

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From what I've read you can amend a claim, but it'll cost you £35.00.

SAR sent 07/03/07

Statements rec'd 14/04/07 (ish)

Prelim Sent 03/07/07

Prelim rejection rec'd 10/07/07

LBA sent 12/07/07

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I would advise producing a new accurate schedule of charges using the advanced spreadsheet, if the dirrerence is significant then you will want to send in an amendment costing £35, you can find it in the bank templates, im sure someone will link it up for you if need be.

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Thanks to you all

 

i will have a look at the schedule of charges and let you know how much.

 

i take it if its a considerable amount, then I would be best ammending my claim.

 

thanks again

 

Sharon

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What proportion of your claim is made up of O/D interest?

The interest that I have tried to claim is £342.94.

 

Would you suggest that I do an amendment? My total claim including costs is around £5,400.

 

Thanks

 

Sharon

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Hi

Have you had their defence yet? Was it mentioned on there?

If it was me I would not amend your claim, all Lloyds will do is knock off the o/d interest when they settle.

Good luck, keep us posted.

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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Hi there,

 

Can you please tell me what the procedure for filing for claims over £5,000?

Yeah, you just do the same as if it were under £5,000. i filed the claim online, then I think the judge decides whether it goes as small claims or fastrack.

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Would like to thank you all for your good advice.

 

I have opened the post this morning and I have an offer to settle from SC&M. Could not quite believe it is £200 more than I was claiming back. i just need to sign and send it back to accept it.

 

I was suprised because I have not even had a date from the courts for the prelim hearing yet.

 

However, I am trying not to get too excited until the funds are in my account.

 

Thanks again

 

Sharon:rolleyes:

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Just to let you know that I have had an offer for £200 more than I asked for. I was suprised because I havent had my date for the prelim yet.

 

Needless to say that I am going to accept the offer, will feel better though when the funds are in my account.

 

Have you heard anything from SC&M yet? If not I am sure you will soon

 

Good Luck

 

Sharon

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Hi

Have you had their defence yet? Was it mentioned on there?

If it was me I would not amend your claim, all Lloyds will do is knock off the o/d interest when they settle.

Good luck, keep us posted.

Barty:)

No they didnt mention it in their defence. It doesn't matternow though because just recieved an offer for £200 more than I asked for. I was shocked to recieve it as i thought they may offer the usual £750.

 

Cant wait to have the funds in my account (thats if they do not close it down) and put a post in the LLoyds TSB successes.

 

Thanks for all your help

 

Sharon

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Congratulations!!:D :D

 

There is a letter in the link below, rejecting the conditions if you need it:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/48032-jakena-barclays-4.html?highlight=acceptance#post718754

 

And a letter to send to the Court when you receive the money:

http://www.consumeractiongroup.co.uk/forum/show-post/post-487345.html

 

Did they pay the o/d interest as well?

 

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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Yes, they have offered to pay everything. They are paying me £400 couty costs and i only paid £250, and also £66.35 interst which i did not even ask for.

 

I recieved two letters today, one saying that they are going to defend the claim and the second one was the offer to settle. I really do not understand them!!!

 

I will still not be completely satified until the money is in my account though. i dont know why but even though it is in black and white I still have my reservations about Lloyds TSB.

 

Since I started my claim I have been charged approx £300 on my account, so when I have got the money i dont know whether to start another claim to get that back. I dont want to be too greedy though!!

 

Thanks again for your help

 

Sharon

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