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    • 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 
      • 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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Saints v Lloyds & Others!


Saints
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Hi,

 

I am a newbie to the site & have spent the last week almost, trying to get to grips with the procedure & reading all the posts.

 

My hubby & I have been pondering whether to persue our banks (Lloyds, First Direct, Barclays, Alliance & Leicester, HFC & Halifax) etc for the money they may owe us, but i must admit, just reading some of the posts & cases, I am somewhat worried :confused: about the forms, letters, the replies from the banks (probably telling us 'on yer bike!' & such like.

 

Reading really is not my strong point,:( but I have tried to read as much as possible before sending out the Data Protection letters that we posted today....:) so thats the first part done, but as I said, reading is not my best thing & I hadn't read the part that tells me to put in a £10.00 cheque for the Info (DOH!!:???: ) so I guess they will be able to delay things until they write to me asking for this!

 

Well, thanks for a fab site, like others we thought that it was money we would never see again, so being on a budget anything we can get back will be a bonus!! & we will gladly donate to the site when our claims are settled!

 

Kathy :-D

FIRST DIRECT: £ 1845.11

17/08/2006 - MCOL Acknowleged!

01/09/2006 - Paid in Full - - I WON!!

 

 

Intelligent Finance: £ 412.00 (Hubbys Account)

19/06/2006 - DSAR Sent (no reply!)

05/07/2006 - 2nd request DSAR letter

27/07/2006 - Reply 'Your req not covered by Data Protection Act!'

31/07/2006 - Non Compliance letter sent

05/08/2006 - Prelim Sent

09/08/2006 - Reply from bank - 'Our charges are correct blah blah'

03/09/2006 - MCOL Filed

 

 

Beneficial Bank Visa £508.82

19/06/2006 - DPAR letter sent

10/08/2006 - Prelim sent

15/08/2006 - Reply from Beneficial, don't agree, matter closed!

17/08/2006 - LBA Sent

02/09/06 - Full Offer Received after partial offer!

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Welcome to the forum Saints!

 

If you read the FAQ's and as many posts as you can, then post here what you plan to do just before you do it (allowing enough time for any amendments you may need to make), you can check that you are doing what needs to be done and make sure it reaches the bank at it's best.

 

Hope that helps,

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paidrest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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If you are wondering about it, view the survey results which are increasing by almost one settlement per hour, at an average of around £1000 per settlement.

 

Why not email Lloyds TSB with your authorisation for them to debit up to £10 (being the statutory maximum) from your account for the Data Protection Act Subject Access Request? It's quick and effective.

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paidrest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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I hadn't read the part that tells me to put in a £10.00 cheque for the Info (DOH!!:confused: ) so I guess they will be able to delay things until they write to me asking for this!

 

send the DPAR again this time enclosing the cheque for £10 so they can't delay you .If they do not recieve the money they do not have to comply.Yes they may write to you but they are under no obligation to.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Welcome to the forum Saints!

 

If you read the FAQ's and as many posts as you can, then post here what you plan to do just before you do it (allowing enough time for any amendments you may need to make), you can check that you are doing what needs to be done and make sure it reaches the bank at it's best.

 

Hi Bean,

 

Thanks for the welcome :o) I have sent off the DPR todat to all our banks, so wil let you all know what happens

 

Kathy

FIRST DIRECT: £ 1845.11

17/08/2006 - MCOL Acknowleged!

01/09/2006 - Paid in Full - - I WON!!

 

 

Intelligent Finance: £ 412.00 (Hubbys Account)

19/06/2006 - DSAR Sent (no reply!)

05/07/2006 - 2nd request DSAR letter

27/07/2006 - Reply 'Your req not covered by Data Protection Act!'

31/07/2006 - Non Compliance letter sent

05/08/2006 - Prelim Sent

09/08/2006 - Reply from bank - 'Our charges are correct blah blah'

03/09/2006 - MCOL Filed

 

 

Beneficial Bank Visa £508.82

19/06/2006 - DPAR letter sent

10/08/2006 - Prelim sent

15/08/2006 - Reply from Beneficial, don't agree, matter closed!

17/08/2006 - LBA Sent

02/09/06 - Full Offer Received after partial offer!

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send the DPAR again this time enclosing the cheque for £10 so they can't delay you .If they do not recieve the money they do not have to comply.Yes they may write to you but they are under no obligation to.

 

Ah, excellent Idea!! will get that done tomorrow first thing!

 

Kathy

FIRST DIRECT: £ 1845.11

17/08/2006 - MCOL Acknowleged!

01/09/2006 - Paid in Full - - I WON!!

 

 

Intelligent Finance: £ 412.00 (Hubbys Account)

19/06/2006 - DSAR Sent (no reply!)

05/07/2006 - 2nd request DSAR letter

27/07/2006 - Reply 'Your req not covered by Data Protection Act!'

31/07/2006 - Non Compliance letter sent

05/08/2006 - Prelim Sent

09/08/2006 - Reply from bank - 'Our charges are correct blah blah'

03/09/2006 - MCOL Filed

 

 

Beneficial Bank Visa £508.82

19/06/2006 - DPAR letter sent

10/08/2006 - Prelim sent

15/08/2006 - Reply from Beneficial, don't agree, matter closed!

17/08/2006 - LBA Sent

02/09/06 - Full Offer Received after partial offer!

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  • 2 weeks later...
Welcome to the forum Saints!

 

If you read the FAQ's and as many posts as you can, then post here what you plan to do just before you do it (allowing enough time for any amendments you may need to make), you can check that you are doing what needs to be done and make sure it reaches the bank at it's best.

 

Hi Bean,

 

Well, had a phone call from Lloyds last week (sorry... i've been away) to say there was a charge. I have given them authorisation to debit my account with the charges they need (I have 3 accounts so thats £30.00!!), so will wait & see what happens now!

 

Saints

FIRST DIRECT: £ 1845.11

17/08/2006 - MCOL Acknowleged!

01/09/2006 - Paid in Full - - I WON!!

 

 

Intelligent Finance: £ 412.00 (Hubbys Account)

19/06/2006 - DSAR Sent (no reply!)

05/07/2006 - 2nd request DSAR letter

27/07/2006 - Reply 'Your req not covered by Data Protection Act!'

31/07/2006 - Non Compliance letter sent

05/08/2006 - Prelim Sent

09/08/2006 - Reply from bank - 'Our charges are correct blah blah'

03/09/2006 - MCOL Filed

 

 

Beneficial Bank Visa £508.82

19/06/2006 - DPAR letter sent

10/08/2006 - Prelim sent

15/08/2006 - Reply from Beneficial, don't agree, matter closed!

17/08/2006 - LBA Sent

02/09/06 - Full Offer Received after partial offer!

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Hi Saints,

 

The statutory maximum charge for a Data Protection Act Subject Access Request is £10.

 

If you have three accounts with one financial organisation, you make one request for information on those three accounts, and pay only £10 as it's one request. [Of course if you submit three separate requests, not realising you could ask for all on one, you would presumably have to pay £10 for each].

 

It depends how you have done it, but you may wish to clarify this with them to save yourself 20 quid.

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paidrest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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Hi Saints,

 

The statutory maximum charge for a Data Protection Act Subject Access Request is £10.

 

If you have three accounts with one financial organisation, you make one request for information on those three accounts, and pay only £10 as it's one request. [Of course if you submit three separate requests, not realising you could ask for all on one, you would presumably have to pay £10 for each].

 

It depends how you have done it, but you may wish to clarify this with them to save yourself 20 quid.

 

 

 

Thanks Bean,

 

I have sent 3 separate letters in one envelope! Darn... well I guesss thats £20.00 they've just made out of me again.... DOH! :eek:

FIRST DIRECT: £ 1845.11

17/08/2006 - MCOL Acknowleged!

01/09/2006 - Paid in Full - - I WON!!

 

 

Intelligent Finance: £ 412.00 (Hubbys Account)

19/06/2006 - DSAR Sent (no reply!)

05/07/2006 - 2nd request DSAR letter

27/07/2006 - Reply 'Your req not covered by Data Protection Act!'

31/07/2006 - Non Compliance letter sent

05/08/2006 - Prelim Sent

09/08/2006 - Reply from bank - 'Our charges are correct blah blah'

03/09/2006 - MCOL Filed

 

 

Beneficial Bank Visa £508.82

19/06/2006 - DPAR letter sent

10/08/2006 - Prelim sent

15/08/2006 - Reply from Beneficial, don't agree, matter closed!

17/08/2006 - LBA Sent

02/09/06 - Full Offer Received after partial offer!

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Just remembered, you can claim back the Data Protection Act figure(s).

 

Make a note of each £10 charge so you can include it in your claim for each account.

 

Hope this helps.

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paidrest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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  • 2 months later...

Ok, well after chasing lloyds for what seems an eternity, they are still refusing to pay up the £80.00 they owe me, so today i filed a MCOL against them.

 

Major BOOB though!!!! I entered the amount claimed as £80.00, said I wanted to claim interest in the particulars of claim but FORGOT to add it at the end, which should have made it £94.00 plus the court fee!!!!!! DARN

 

spacer.gif

spacer.gif

Claim Number:

6QZ65077

FIRST DIRECT: £ 1845.11

17/08/2006 - MCOL Acknowleged!

01/09/2006 - Paid in Full - - I WON!!

 

 

Intelligent Finance: £ 412.00 (Hubbys Account)

19/06/2006 - DSAR Sent (no reply!)

05/07/2006 - 2nd request DSAR letter

27/07/2006 - Reply 'Your req not covered by Data Protection Act!'

31/07/2006 - Non Compliance letter sent

05/08/2006 - Prelim Sent

09/08/2006 - Reply from bank - 'Our charges are correct blah blah'

03/09/2006 - MCOL Filed

 

 

Beneficial Bank Visa £508.82

19/06/2006 - DPAR letter sent

10/08/2006 - Prelim sent

15/08/2006 - Reply from Beneficial, don't agree, matter closed!

17/08/2006 - LBA Sent

02/09/06 - Full Offer Received after partial offer!

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Why not phone the Moneyclaim Online helpline number to see if you can resolve your slip-up?

 

It's probably not possible, and I expect would require an amendment with charge that's not cost-effective (£35?), but it's worth asking.

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paidrest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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Thanks Bean,

 

I emailed them & got a reply this morning.

 

They cannot change the amount once the claim has been submitted, BUT, as I was quick of the mark, they will cancel my claim & send a refund, & I have now re-done the claim with the correct amount!

 

Claim Ref:

6QZ65430

FIRST DIRECT: £ 1845.11

17/08/2006 - MCOL Acknowleged!

01/09/2006 - Paid in Full - - I WON!!

 

 

Intelligent Finance: £ 412.00 (Hubbys Account)

19/06/2006 - DSAR Sent (no reply!)

05/07/2006 - 2nd request DSAR letter

27/07/2006 - Reply 'Your req not covered by Data Protection Act!'

31/07/2006 - Non Compliance letter sent

05/08/2006 - Prelim Sent

09/08/2006 - Reply from bank - 'Our charges are correct blah blah'

03/09/2006 - MCOL Filed

 

 

Beneficial Bank Visa £508.82

19/06/2006 - DPAR letter sent

10/08/2006 - Prelim sent

15/08/2006 - Reply from Beneficial, don't agree, matter closed!

17/08/2006 - LBA Sent

02/09/06 - Full Offer Received after partial offer!

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Clearly it's not to be relied on by others, but you were lucky on this occasion, well done.

 

It supports what has been said elsewhere on this site a number of times - that Moneyclaim Online and the Moneyclaim Helpline are effective and helpful.

 

Would you please post the helpline telephone number and any other contact details here in this thread for completeness?

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paidrest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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  • 2 months later...

Hi Guys,

 

Long time since i've posted... BUT... I sent back the AQ ages ago & have now received a Date for court!!!

 

I'm terrified... never been to court for anyting.... seems a waste of time for £94.00!!! The money they will waste for it going this far!

 

Whats the chances of them settling before then do you think???

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Hi

I would say there is a 99.9% chance of them settling before then!!;-)

When is your Court date?

Barty:)

 

 

HI,

 

Its 10th January 2007 at our local court! It states that its a Notification of Allocation to the Small Claims Track (Hearing), so I assume I have to attend.....

FIRST DIRECT: £ 1845.11

17/08/2006 - MCOL Acknowleged!

01/09/2006 - Paid in Full - - I WON!!

 

 

Intelligent Finance: £ 412.00 (Hubbys Account)

19/06/2006 - DSAR Sent (no reply!)

05/07/2006 - 2nd request DSAR letter

27/07/2006 - Reply 'Your req not covered by Data Protection Act!'

31/07/2006 - Non Compliance letter sent

05/08/2006 - Prelim Sent

09/08/2006 - Reply from bank - 'Our charges are correct blah blah'

03/09/2006 - MCOL Filed

 

 

Beneficial Bank Visa £508.82

19/06/2006 - DPAR letter sent

10/08/2006 - Prelim sent

15/08/2006 - Reply from Beneficial, don't agree, matter closed!

17/08/2006 - LBA Sent

02/09/06 - Full Offer Received after partial offer!

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Hi Barty,

 

No nothing like that at all, only to contact them at least 7 days before the hearing if I cannot attend.

 

The only other part states that all parties are to serve & file by 9th December all documents which they intend to rely on, along with any witness statements.

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Hi Barty,

 

No nothing like that at all, only to contact them at least 7 days before the hearing if I cannot attend.

 

The only other part states that all parties are to serve & file by 9th December all documents which they intend to rely on, along with any witness statements.

 

Thats it mate!!! :)

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Hi

Have you got all your Court bundle together yet?

If not, have a look at this:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

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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  • 4 weeks later...
Hi

Have you got all your Court bundle together yet?

If not, have a look at this:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

Barty:)

 

 

DARN!!! I didn't get this email into my inbox & only found this tonight when I signed on!!! I didn't know I had to have a 'Court Bundle' I thought that they meant any other evidence other than what was sent in,... oh no... looks like this case is going to fall flat on its face for £94.00!!! All because I was/am unprepared!

 

I'm totally flapping at the thought of going to court in less than a few weeks... but my problems will start if (this may sound Lame) my dog decides to have her puppies on that day!! She is due anytime from 8th Jan 2007!..... If she does start to have them, I will not be able to attend the court that day.

 

Should I try to cancel & re-arrange another day??? I can't risk anything happening to her for the sake of Lloyds & £94.00. Whats the chances of them settleing before that? Should I write to their solicitors?

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Firstly, you're hijacking someones thread, please can you start your own? Thanks.

 

Get a court bundle off ASAP and hope for the best - why so late?!?!

 

Your AQ would have asked you if there were times/dates you could not attend court. Should it get that far (which one way or another is unlikely) and you could'nt attend your claim would be struck out.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Firstly, you're hijacking someones thread, please can you start your own? Thanks.

 

Get a court bundle off ASAP and hope for the best - why so late?!?!

 

Your AQ would have asked you if there were times/dates you could not attend court. Should it get that far (which one way or another is unlikely) and you could'nt attend your claim would be struck out.

 

 

Thanks Gary,

 

This is my own thread LOL! I started it. (Saints/Saintlvr is me! I emailed admin a while back to join both accounts if poss.)

 

I have been so late as recently my brother Died, so have been a little out of touch with 'reality' if you get what I mean... this time of year is extremely bad as my mums anniversary was the 22nd nov. 2 years ago.

 

I gave dates on my AQ, however at the time, i wasn;t aware my dog was expecting.... ah well, will have to wait & see what happens, lets hope its not going to go that far.

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Ahh, I see - apologies!

 

Just get the court bundle off and you could still be ok. Lloyds won't have submitted one anyway. Give them a ring once you've sent the bundle off and ask them when you'll be receiving theirs. Hopefully they should then say that the settlement offer is in the post.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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