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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 
      • 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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Elsinore v LTSB and............***WOOOOOO OON*** WON


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I take it you don't need to spend hours preparing the court bundle then as it's a preliminary hearing. You must be pretty relieved at that. :D

 

 

Yes lucid, If it avoids having to do what you two had to, then I'll be delighted!

 

I did actually get really angry the other day when I read your thread, dismayed at the hoops LTSB have made you jump through. 1500 pieces of paper for goodness sake!

 

LTSB deserve a right good kicking.

 

Elsinore

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Thanks Elsinore.

 

Yes it is really annoying when you know full well that they aren't going to produce one themselves, but it has to be done and we're at the last stage now.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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  • 3 weeks later...

Letter received from SC&M this morning:-

 

"Dear Els

 

Re Claim No XXXXX

 

We refer to the above matter and confirm that our client will be settling the above claim by sending you a Personal Cheque for the amount of £3854.28 inclusive of court fee within the next 7-10 working days.

 

You are advised at this stage that by our Client meeting your claim on this occasion, this is not to be treated in any way as an admission of liability. This is merely an attempt to resolve the matter amicably between the parties concerned.

 

We therefore trust you shall write to the XXXXXX County Court to confirm that the claim has been settled once the funds have been received, and provide this office with a copy of the letter for our Client’s records.

 

Yours faithfully"

 

I’ve reproduced the letter in full because

a) no ‘without prejudice’ caveat

b) no conditions

c) a polite request to inform the court after funds received,

all seem to indicate a shift in approach.

 

Any way I have acknowledged and accepted the offer, which covers the claim, allocation fee and interest to date! I have also pointed out that, should the cheque not be forthcoming by the 23rd February, I will be obliged to attend the preliminary hearing.

 

Meanwhile, WHOOPEE!!:grin: :lol:

Elsinore

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Excellent, congrats Els!!:D Good job very well done!

 

They're trying to clear the backlog this week by the looks of it - must be a record week for settlements I think!

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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CONGRATULATIONS!

:D:D

 

Well done Elsinore - and all before you had to produce a court bundle, excellent. ;)

 

Enjoy your celebrations. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Well done elsinore :D :D :D :D

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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  • 2 weeks later...

Very busy last few days. All else is unimportant when compared to the arrival of a beautiful new granddaughter!

 

Went to court on Friday, as cheque had not materialised.

Having read recent reports of preliminary hearings, I expected a throng of claimants piling into the court room, to be dealt with en masse. In fact, it was just me and the judge! Which just goes to show, one should never assume.

Judge had received notification from SC&M and asked me if I was satisfied with the settlement sum. Having accepted, I managed to get in a dig at having to attend court, only because LTSB couldn’t manage to get a cheque to me in good time. Judge awarded costs!:)

 

Whilst waiting to enter court, I chatted with the court usher. She asked me if it was a bank charges claim and told me that she had been exhorting her husband, a self-employed electrician, to do something about his charges. I did a selling job on her, so she might by now be a new CAG member!:D

 

Cheque arrived on Saturday! Accompanying letter from SC&M dated 21st February, but cheque drawn by LTSB on 12th February!! They really are their own worst enemies!

 

Anyhow, that gives me the wherewithal to pay for my next claim and make a donation to CAG

 

Els.

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Fantastic! Congratulations Els, both on the new arrival and what sounds like a good job well done in court.:)

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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Congratulations Elsinore!!!

...on the arrival of your granddaughter, and on your success in recovering your charges, interest and costs.

 

A pity they didn't get the cheque to you before the preliminary court hearing, but otherwise an interesting shift in their approach to settlement.

 

Best Wishes,

Bean

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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WELL DONE !!!!

Now Citi here we come LOL......;)

 

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Excellent! Well done elsinore! and congrats on the granddaughter too :D

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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