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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 
        • 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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o0oLiamBeeo0o V LTSB Scotland PLC - o0oLiamBeeo0o WINS!!!!!


o0oliambeeo0o
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Hi Tanz, it wil not fit in a envelope, its in one of thoses lever arc folders thats what im unsure of, thanks anyways.

 

o0oliambeeo0o

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

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Yeah ill do that, thanks Tanz.

 

o0oliambeeo0o

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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Hi Vaughan and Jo, thanks for the comments. To be honest Jo any tips I would give would be look at Garys post, absolute wealth of information lol. I have this morning lodged my court bundle at the sheriff court, when I walked in the chap welcomed me "good morning Mr Bee, what can I do for you this morning" lol, I dont even think Ive ever dealt with him before so god only knows how he knew who I was. Anyway, went to post office, picked up a LARGE parcel bag and will be posting to agent for LTSB today at some point.

 

Will keep updated on what they do now, and Southpaw I soooooooo hope you are correct!!!!

 

o0oLiamBeeo0o

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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when I walked in the chap welcomed me "good morning Mr Bee, what can I do for you this morning" lol, I dont even think Ive ever dealt with him before so god only knows how he knew who I was.

 

Maybe he's a CAG/BAG member!:D

 

Elsinore

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HeeHee,

 

Not that im admiting to.

 

:wink:

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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Hey roomies,

 

Wishing you all a very prosperous new year!!!!

 

Ok, I have 22 days till my second court appearance with LTSB, have submitted my court bundle and I am now looking for anyone who has a mp3 copy of the McNamara interview, if you have a copy of this could you pretty please foward this onto me.

 

I have still heard nothing from LTSB nor their agent, checked my online banking just before new year and no little pressies so I am not exactly sure what they intend to do.

 

If anyone else has any other info they feel would be worth submitting to the court before the hearing please let me know, Im going in all guns blazing.

 

Cheers

Liam.

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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Hi Liam, cant help with the MP3 request, is their no way you can get it onto cd and then just use a portable cd player with speakers or something? Im still living in the dark ages, had an ipod and sold it as to confusing.

 

Happy new year to you though. I'm sure someone will be able to help with your request.

 

Tanz

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omg, you are so brave, i'm i right in thinking (as i'm pretty new) that this has gone way further then the norm?? 2nd court appearance? pleased i never read this before sending my letters oh would of had 2nd thoughts, hope mine doesn't go this far or i'm in deep sh*t, no way could i go to court (i suffer from panic attacks for start) never mind taking on the bank.

 

good luck btw

BOS 1st Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 2nd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 3rd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 4th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 5th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

Nationwide - Prelim sent 8/1/07 LBA sent 18/1/07 Court Date 17/7/07 WAITING FOR TEST CASE

LX Direct - S.A.R - (Subject Access Request) sent 8/1/07 LBA sent 9/7/07 Got 50% off total - settled and closed account 10/9/08

Studio cards - S.A.R - (Subject Access Request) sent 8/1/07Credited to my account, account cleared! 4/6/07

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Dont worry Sinking Fast!! this is not the norm, i started at the same time as Liambee, and ive had two claims over and done with no problems. My advice to you would be go for it, stick to the tried and tested methods i.e the template letters in the library and everything will be cool !

Liambee, i'm still following your progress and fingers are X'd you get a result soon!!

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cheers stevo, will just keep reading the success cases, that keeps me positive!!

BOS 1st Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 2nd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 3rd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 4th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 5th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

Nationwide - Prelim sent 8/1/07 LBA sent 18/1/07 Court Date 17/7/07 WAITING FOR TEST CASE

LX Direct - S.A.R - (Subject Access Request) sent 8/1/07 LBA sent 9/7/07 Got 50% off total - settled and closed account 10/9/08

Studio cards - S.A.R - (Subject Access Request) sent 8/1/07Credited to my account, account cleared! 4/6/07

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Hi Stevo, yeah im sick of reading yours, all these settlements and im still not there, lol. Cheers matey.

 

Hi Sinking_fast, to be honest no this isn’t the norm, the only reason I have had to appear twice at court is really my fault. When the first hearing was due I did not attach a schedule of charges to my statement of claim (im in Scotland btw). This meant it gave LTSB's agent a change to stall matters by saying "yes I see the figure the pursuer is requesting, however I have no way of knowing how he has arrived at that figure". I did of course send a schedule with my LBA but as I say I did not attach it to my statement of claim.

 

There may have also been another reason, the court made an error with my case and it was dismissed, I then called them and they realised the error and corrected it so my case was back on, but LTSB claim they were told it had been dismissed as it did not minute for decree, so my first appearance was also for the sheriff to satisfy himself there was a case to be answered, which he was.

 

Good luck with your claim, and if I was to advise at all it would be to read as much as possible, as I found out the hard way one little mistake gives LTSB a chance to stall

 

 

Liam.

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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cheers liam, my head hurts from reading, but i've learnt heaps just in a few days, just going to take each day when i do receive something i'll be straight on here panicing! this site is great though, i get really "come on come on" when i'm reading peoples cases, and i wish you all the luck for the 26th jan :)

BOS 1st Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 2nd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 3rd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 4th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 5th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

Nationwide - Prelim sent 8/1/07 LBA sent 18/1/07 Court Date 17/7/07 WAITING FOR TEST CASE

LX Direct - S.A.R - (Subject Access Request) sent 8/1/07 LBA sent 9/7/07 Got 50% off total - settled and closed account 10/9/08

Studio cards - S.A.R - (Subject Access Request) sent 8/1/07Credited to my account, account cleared! 4/6/07

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Thanks Sinking_fast, you'll get loads of help and advice on here.

 

Hi Vaughan94, no I wont be going anywhere, hope my threads been of some help in letting you see the processes, any questions just ask. Good luck btw, you wont really need luck, just follow the process and they have no-where to run.

 

Liam.

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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Hi All,

Happy New Year to you.

Hi Sinking Fast. We're worried about a court appearance too, but keeping our spirits up by reading all these fantastic threads. If we do have to make a court appearance, LTSB will have to declare their reasons for charging so damn much (am I right everyone) and as far as we can see, they dont appear to want to do this (wonder why? :rolleyes:)

We are hoping for a much more prosperous New Year, without the worry of our LTSB overdraft looming over us.

Please bear in mind, Sinking, that as a result of LTSBs treatment of us, we have been forced to put our monthly debts with the Consumer Credit Counselling service. Our overdraft 'Monster' was eating all our monthly wages so damn fast that we got to the stage that we couldnt even feed our kids!!

 

Also, LTSB are still charging us on a monthly basis despite defaulting our accounts and being in contact with the CCCS. Sorry for rambling on, but this medium is great for venting your spleen from time to time without screaming at LTSB when they ring and pester us for more money!!

I've shared this information with you because we want you to be strong, dont let them walk over you, try to keep your chin up.

Have a look at our thread, Gary is a great help to us.

Best of Luck, we'll be rooting for you.

Jo & Mick

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Can anyone answer this, I am aware in England they have a "disclosure order" think thats what its called. Is there anything like this in Scotland. Basically I want to write to LTSB agent and request that before the court hearing I wish to see certain documents/ evidence.

 

Just a thought

 

Liam.

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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You could post the question on the Scotland forum, Liam. Should be someone there who knows the answer.

 

I don't think SC&M would respond positively to that 'request' though. You would have to ask the court to make an order (aasuming it's the same in Scotland!).

 

Elsinore

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Hi Vaughan, I thought of the Freedom of Information Act but I was unsure if I could request information from LTSB using this, I thought the Freedom of Information Act was only to request info from public bodies.

 

Ill certainly have a look over the website anyways and see what its all about because to be honest I really dont know that much about it.

 

Thanks anyways.

 

Does anyone think it would be a good idea to give LTSB agent a call and ask if their client will be submitting evidence as if they are I have not recieved anything and they only have 2 days left to get it to me??

 

Court date is 2 weeks this friday coming.

 

 

Liam.

 

 

P.s, Vaughan I just called the Information commitioners office and the FOI is only for requesting info from public bodies.

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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not that i'm an expect cause i've only just sent my prelim's but i wouldn't call anyone i'd just wait and see what if anything they reply with, thats 1 up to you if they do submit evidence and you don't get it on time isn't it? hope this is the right reply :?

BOS 1st Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 2nd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 3rd Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 4th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

BOS 5th Account - Prelim sent 8/1/07 LBA sent 18/1/07 Settled in full 15/3/07

Nationwide - Prelim sent 8/1/07 LBA sent 18/1/07 Court Date 17/7/07 WAITING FOR TEST CASE

LX Direct - S.A.R - (Subject Access Request) sent 8/1/07 LBA sent 9/7/07 Got 50% off total - settled and closed account 10/9/08

Studio cards - S.A.R - (Subject Access Request) sent 8/1/07Credited to my account, account cleared! 4/6/07

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