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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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Thunderpuss2K vs Lloyds TSB - **WON**


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just got off the blower to the moneyclaim bods (busy? 9 mins in the queue!).

 

once defence is filed the date of the claim reverts back to the original date of first submissal, in this case when i filed and paid on the 22nd of june.

 

the case has been moved to pontypridd county court (just up the road from me), and the AQ was sent for my attention this morning.

 

for your case, how long did it take between submitting the AQ and the offer letter? did you get as far as a getting court date? or was settlement offered soon after you furnished their request for obvious information?

 

lloyds have also taken another 30 quid from my account for charges in june, guess i'll have to lump that one on as well!

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for your case, how long did it take between submitting the AQ and the offer letter? did you get as far as a getting court date? or was settlement offered soon after you furnished their request for obvious information?

 

Not got that far on mine. Acknowledged on Friday, letter from solicitors on Tuesday, response sent and they got it on Wednesday.

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Why do they drag these thing out ,it only costs them more in the end

I dont surpose the solicitors mind they still get paid,but this a a blatant misuse of the court system,I filed mind via the local court using the pdf N1 form in the libary.you can put so much more info on there and include your spreadsheet:)

so there will be no silly questions for me then:D

Lloyds TSB - N1 claim issued 18/07/06 - £3440 Offered unconditional settlement 23/08/06

Vodafone-Information Commisioner assessment -default removal -25/07/06

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  • 3 weeks later...

Well still nothing from Lloyds solicitors. What started as a simple request for £140 to be refunded is currently sitting at £180.99 (with court fees, interest to date of claim and daily interest since).

 

They've got a week left til they have to file a defence, otherwise I can get judgement in default.. tick tick tick

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  • 2 weeks later...

Guess what? They had until the end of today to file a defence. And they just have, according to Moneyclaim.

 

Got to wait for it to materialise now, along with confirmation of the transfer from Northampton to my local Court.

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Might do that. I agree to settle for the whole amount. How does that sound? :)

 

To be honest, never had so much trouble over such a small amount. Looks like they're just dragging it on as long as possible in the hope I'm going to go away..

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Defence and AQ arrived this morning, along with notice of transfer to my local court. Won't bore you with the details to the defence, it looks like the usual standard one.

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As there's no charge for filing the AQ I just filed it. Shocking efficiency really.

 

On the AQ I've asked for the Judge to order Standard Disclosure, at his or her discretion. That should put the wind up SCM.

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Why do they drag it out like this?

 

Is their anyone that has got this far and then backed down, i can't beleive having done all the hard work people would walk away at this stage.

 

If anything Lloyds actions just make you even more determined to get your cash.

 

Just a waiting game now, interesting to see if they offer the full amount first time or mess about trying to get you to settle for less.

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Because they can. Oh, and also because SCM (who are acting for Lloyds in my case) are a tinpot operation with one solicitor and a bunch of teaboys. Hence they have to make sure things take as long as possible otherwise they couldn't deal with it in time.

 

It's £140 - ffs it's cost them more than that in legal bills so far..

 

I just despair. However I'm in no rush.. got plenty of other refund claims to keep me busy!

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  • 2 weeks later...

OK, that's it. It's war now.

 

Letter from my Business Manager at LTSB arrived this morning, they've decided to pull my overdraft and charge 29.85% interest on the balance.

 

Strange thing is.. the letter is dated 22/8. I checked internet banking and the limit is still there this morning. Phoned up my Business Manager, who although she signed it has no clue about the letter. Sent her off to investigate.

 

Now, two ironic things:

 

1. I was £45 over my agreed overdraft limit. If LTSB hadn't have taken those charges I'd never be over my limit.

 

2. I put in a cheque from HSBC for nearly £1k (won bank charges, whoop!) into my account on Tuesday. That's now theoretically disappeared into a black hole.

 

BTW this is with no warning. The review date for my overdraft limit was about a year and a half ago. Not a peek from them until now.

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  • 2 weeks later...

My updates to the overdraft problem is on another thread, needless to say they still haven't phoned me to discuss it - despite numerous promises of 'we'll phone you tomorrow'. Overdraft facility is still there though.

 

Anyway.. letter from SCM the other day, with a copy of their Allocation Questionnaire. They're asking for a month stay to attempt to settle out of court, and if that doesn't work they've put that (conveniently) they're all busy in September, so couldn't make a trial during that date.

 

Also, they haven't signed their AQ properly - my understanding is that a person has to sign it, you can't just put the name of the firm of solicitors in biro. Will check with the Court on Monday about that.

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  • 2 weeks later...

Spoke to the court today, apparently it was ordered that the case be listed for trial and I should receive the paperwork in the next few days.

 

Still nothing from SCM, even though they wanted a month to 'negotiate a settlement'. Funny way of doing it..

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  • 1 month later...

Letter from SCM this morning, they've settled the claim in full including interest, court costs, and apparently most of the daily interest too.

 

What nice people. Saves me having to go to court in December.

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