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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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!!!!!


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Ok I have had enough, this will be emailed and posted to Lloyds agent in the morning:

 

 

 

 

Liam Bee V. Lloyds TSB Scotland PLC

Case Reference: SC351/06

 

 

 

 

 

Dear Ms D Hatfield,

 

 

Thank you for your correspondence of the 22 January 2007.

 

Having considered your clients position and also your revised offer I can confirm I am now willing to accept your clients settlement offer.

 

Before any monies are debited (credited) to my bank account please confirm interest will be calculated up until 22 January 2007, as this I consider to be the date of settlement.

 

When verified the correct monies have reached my bank account I will inform Paisley Sheriff Court settlement has been reached and the above mentioned proof diet, scheduled for 26 January 2007 at 11.00am is no longer required.

 

Thank you for your co-operation in this matter.

 

Yours sincerely,

 

Mr Liam Bee.

 

Correction above i would say.

Well done mate.

 

Tanz

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Well spotted Tanz, it was to late for the email as I had sent that already however when I was signing the letter I did notice so managed to correct that before sending. Ok I have recieved the following two emails from LTSB's agent:

 

 

 

Dear Mr Bee

Thank you for your letter of 23 January and I note that settlement terms have been agreed. My clients are arranging today to transfer into your account the following:-

  1. £1101 with interest at 8 % per annum from the dates the charges were debited to 22 January 2007
  2. expenses of £180.41
  3. an additional payment of £50

It is likely to take several days for the funds to reach your account and therefore I would suggest that the hearing on 26 January is continued for 2 weeks to allow settlement to be implemented. If you are satisfied that the funds have reached your account before the case calls on Friday, the action can be disposed of then. My clients will be seeking Absolvitor, with no expenses (as they have already agreed and arranged to pay these).

Yours sincerely

Dorothy Hatfield

Partner

 

 

 

 

and half an hour later I recieved this:

 

 

Dear Mr Bee

 

Further to my earlier email today, my clients have confirmed that they have arranged a transfer to your account numbered sortcode acc/number of £1,461.84.

This sum is made up in accordance with the settlement terms as previously detailed with interest calculated in the sum of £130.43.

Yours sincerely

 

Dorothy Hatfield

Partner

So I am now just waiting for the monies to hit my account and I can then dispose of case, if not need to speak to court tomorrow Re: a continuation.

 

 

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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As yet no monies have reached my bank account, so I called the court to see how I should proceed, to my astonishment they let me know they have recieved a letter from LTSB's agent stating settlement has been reached and the proof hearing for tomorrow morning will not go ahead. I explained to deput yes terms have been reached but I am still waiting for payout so she advised to turn up and ask sheriff to continue the case for two weeks.

 

I then called LTSB's agent and spoke to Dorothy Hatfield (their lawyer) and explained that I will be at court tomorrow and so should they as this case will not be disposed of until I have recieved the monies.

 

the cheek

 

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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  • 3 weeks later...

Hey folks, sorry ive not posted for a while. Just after the case ending had a bit of bad news and had to go visit family in Ireland and just been really busy since I got back.

 

Ok so my last posting was 25/1/07 the day before the court appearance, on the day of court got up around 9ish and checked the online banking and still no monies present. So I got myself ready for court and got all my documents together and double checked I had everything again lol.

 

I was due to appear in court at 11am (If my memory serves my correct) so just before I was leaving the house at around 10.15 am I checked the online banking again and the monies had appeared.

 

Still attended court and advised sheriff settlement had been reached, funds had been recieved and case could now be disposed of, which he duly done.

 

Again I wish to thank everyone for all their support and suggestions and I wish everyone all the best with ongoing claims.

 

 

 

Regards

 

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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Thanks guys, well the claim was settled with no conditions attached and have not heard a peep from LTSB at all.

 

Im now working on my father in laws case for him, I have court tomorrow for him, just the prelim hearing so im getting a bundle together and getting all documentation prepared.

 

I wonder if anyone can help with this. He is pursuing the CB and they have sent him a settlement offer of charges + £39 costs + interest from the date they were served the summons, I have rejected this offer as on the summons I stated interest should be paid "from date of service of each individual charge" at the courts discresion, of course.

 

Would the sheriff allow me to request this as I intend showing the court the charges are unlawful and therefore, like in England interest should be calculated from the date they were added to the account.

 

 

Cheers.

 

P.s - I went to the sheriff court today with the pursuer to hand in a letter to say I will be speaking on his behalf and explained to the girl about the offer, she just said that It would be ok to request as the case will be calling tomorrow and I should explain then.

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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