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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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The Arrogance of the Banks!


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We'll after 3 weeks away I thought I would come home to find both my claims settled and have the money in my account How wrong could I be?

 

On Thursday the 16th of August the Sheriff's Officer served Charge for Payment of Money on both Lloyds and Abbey. Giving them 14 days to pay or ask for a recall.

 

Well I got home yesterday and checked my accounts and post box no cheques no payments I phoned the court just to check if they had tried a recall but no and the date allowed for a recall (30th August) has passed so no chance of a recall/sist.

 

So I though I would phone the banks and find out what was happening

 

Lloyds after being on hold for almost 20 minutes I finally get put through to their solicitors, gave them my details and asked where my cheque was, put on hold again for 10 minutes and was finally told "yes we have your claim we are dealing with it". I said but there nothing to deal with you lost where is my cheque? I was then told "you'll have to wait at least 10 days" before we can send it out I said payment was due by the 30th. I asked if ignoring court orders was normal and the lady at the other end just laughed and asked if there was anything else. So I said" No I'll get an attachment order and will laugh when the Sheriffs officer start removing computers etc... from your branch" To which she replied "go on then!" So thats what I'm doing even though it wll mean more cost (I know i get it back) and it could take a while to get my money. I can't belive that Lloyds will actually allow goods to be removed from a branch but it looks like they are stupid enough to let it happen.

 

Now for Abbey, phoned abbeys complaint team got put through very quickly and spoke to Wayne, who whilst I was half way thru explaining things says "it's on hold". I carefully explained all about the decree and the charge for payment and he said we wrote to you on the 8th of August and told you "it's on hold". I asked if he had heard what I'd said about the charge and he said yes but it doesn't matter because it "it's all on hold". At this point I asked to speak to his supervisor he said they did not do that but he would go and ask them, waited a few minutes and back came Wayne "yeah I've explained it all to them they now about the decree and the charge" I thought great getting somewhere at last and then he said "and it's all on hold. We are not dealing with any more cases you'll have to wait for the OFT decision". I could have screamed I asked to be put thru to the legal dept but they don't take calls so he said he would email them my details and ask them to call me but he was sure they would say the same. "whats that" I asked You've guessed it. "Well that everything is on hold like I've been telling you". So I said never mind I'll just get an attachment.

 

So thats both banks that now face having attachments I would love to be in the branch if and when that happens:) anyway not giving up going back to the Sherrifs officer in the morning. Just looks like I'll have to wait a bit longer (and spend a bit more) to get my money.

[sIGPIC][/sIGPIC]They don't like it up 'em Mr Mannering :-o

 

Abbey Claiming £1241.00

S.A.R - (Subject Access Request) requested - 17/02/2007

Prelim sent - 26/03/2007

LBA sent - 13/04/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE!

*** WON *** Cheque recieved 13/9/2007

 

Lloyds TSB Claiming £1335.00

S.A.R - (Subject Access Request) sent - 07/03/2007

Prelim sent - 13/04/2007

LBA sent - 03/05/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE

**WON** Cheque received 6/9/2007

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I can't believe it. They think they're a law unto themselves!

 

That's the problem in this country. They do as they please. We should be boycotting them all and going to the credit unions or something...

MBNA - £1733 refunded.

Egg - £200 owed - sending LBA

Clydesdale Bank - £180 so far. More to come...

 

Your browser is broken - www.ditchIE6.com

 

Need Excel? Get Star Office, free with Google Pack!

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They obviously don't feel the law applies to them. Have you thought about contacting the press?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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It sounds more like they don't understand the legal implications of what is happening...this is all new on them, and a few attachment orders will soon help them to understand.

 

Good on Mary for standing up to them and putting them in their place...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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i had to call in the sherriffs officers for Hbos, worked though. They went in, spoke loudly, and walked out with a bank draft, plus costs.

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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Well the phone call to Lloyds must have done something because I got home on Thursday and lo and behold a Cheque for £1531.16 :D. However I'm writing back today to demand the additional 80p per day interest they forgot to add as it was paid 21 days late! Not going to let them get away with anythind.

 

Also popped in the Abbey branch just on the off chance the money had gone in and must have put the wind up them with the thought of an attachment order, they phoned back an hour later and told me the Legal dept will be in touch with me today, They have till 4pm then it's off to the Sheriffs office.

[sIGPIC][/sIGPIC]They don't like it up 'em Mr Mannering :-o

 

Abbey Claiming £1241.00

S.A.R - (Subject Access Request) requested - 17/02/2007

Prelim sent - 26/03/2007

LBA sent - 13/04/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE!

*** WON *** Cheque recieved 13/9/2007

 

Lloyds TSB Claiming £1335.00

S.A.R - (Subject Access Request) sent - 07/03/2007

Prelim sent - 13/04/2007

LBA sent - 03/05/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE

**WON** Cheque received 6/9/2007

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Excellent news form Lloyds maryhillgull, and you're right don't let them off with anything. I have no doub that Abbey will follow suit once they understand that you mean business.

 

Good luck

Prelim sent May '06

LBA sent June '06

Fob off now rec'd to the prelim

Copy of fob off now rec'd as response to LBA!

Full repayment of all charges since 1997 now received.

Account Closed

Donation made :)

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