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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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      • 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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Me v Lloyds TSB (They Seem Confident) ***WON***


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Evidence sent to court & SCM on Wednesday 28th feb. Lets hope this gets the ball rolling!

 

Would anyone advise ringing SCM to begin the negotiations? What is likely to happen now?

 

Mat

:D Mat 8-)

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Thanks GuidoT, very helpful.

 

I assume that I should only send the intitial letter once the 14 day deadline has passed for documents to be submitted? Which considering the hearing date is the 29th March would be around the 15th?

 

Mat

:D Mat 8-)

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  • 3 weeks later...

Hi,

 

I posted my evidence bundle some time ago (28th February) and have since sent a non compliance letter to SCM and am now sending the second letter to the court. The thing that bothers me is that 'submitting' and 'filing' the evidence is mentioned quite a lot in these letters. All i did was post a copy of my evidence to SCM and to the court but have heard nothing of it since. So have I actually filed my defence? as Ive had no notification of this. Its only 7 days to my hearing date now so am quite worried. Any help would be appreciated.

 

Mat

:D Mat 8-)

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Filed what defence? You don't have a defence to file - its the bank who are defending. If you have sent the court and SC&M your documents (court bundle) pursuant to the courts order then you have submitted all you need to.

 

"File" = send to court, "serve" = send to other side.

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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I see, thanks for that. I didnt mean defence btw lol. My mind is at rest now. Ive seen that some banks have been putting the money into peoples accounts without notifying the account holder so will check mine on friday. What is likely to happen to now that I have sent the non compliance letters to both the SCM & the court. There is only 7 days til my hearing now. Should I do anything else?

 

Mat

:D Mat 8-)

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Hearing is tomorrow! Was just about to phone SCM to ask if they were gona bother turning up but they rang me; they asked me to confirm my account details so fingers crossed!.....

 

wwooohhhhhaaa theyve just rung again and are giving me a full unconditional settlement of £999.45!

:D Mat 8-)

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The hearing is at 12noon today. SCM said they were settling and the money would go into my account yesterday. However it still isnt in the account this morning.

 

What should I do? Obviously I havent cancelled the hearing as I havent had the money. Do I go tot the court if they dont pay up? :confused:

:D Mat 8-)

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HI! :)

 

Thanks for your replies, I have just read mjanets thread. Was a very interesting read! Has given me the confidence to proceed to court which I'll do next week (would be sooner but ive since learnt of £90 more charges they are going to take from me on monday 10th july).

 

Does anyone have any idea of total costs Im likely to incur? (as im on a very tight budget haha (just finished uni)). My claim will be for £780 + interest + court costs. Also, what would people recommend?;actually going into court and filling out forms or doing it online?

 

Cheers! Look forward to hearing more, Mat :)

If you're on a tight budget find out if you are entitled to any benefits - if you are, you will be exempt from court fees! Good luck!

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The hearing is at 12noon today. SCM said they were settling and the money would go into my account yesterday. However it still isnt in the account this morning.

 

What should I do? Obviously I havent cancelled the hearing as I havent had the money. Do I go tot the court if they dont pay up? :confused:

 

Call SCM, then call the court and ask their advice.

 

Tim

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Called SCM, the money went into my account within ten minutes. Will ring the court and send a fax confirming this.

 

Would just like to thank everybody who has helped me and offered advice along the way. 9 months but worth it in the end!

 

Thank you!! :D

:D Mat 8-)

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Good job, well done. Have your requested costs? Definately worth a go if you want to get a quick schedule up together - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html#post563326

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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Very pleased for you :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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What a nail-biter!! I'd read LTSB seemed to be settling at around the time the AQs were due back but they really kept you waiting! Well done!!

 

It was good to read your thread actually, as if I hadn't got a settlement of my claim by the time the AQ was due back I'd have started to worry; it's easy to assume yours is the one case they are going to take all the way!

 

Well done again ....

 

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Thanks everyone!

 

GaryH: I havent requested costs but Im considering it. All those stamps add up!lol. Is there a time limit? Am moving back to Cardiff in the coming weeks so am gona be quite busy.

 

Have been doing all this from work as I dont have the internet at home but will try to devote some of my days to helping others on the site. (When the boss isn't looking!)

 

Just out of curiosity, a question to the mods; are the donations significant enough to cover the cost of running the site? Am going to donate but dont know how much!

 

Mat

:D Mat 8-)

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pward33:

Ive read that Lloyds do this quite a lot so be prepared potentially for a fairly long wait. But hang in there, its worth it. Do you have a hearing date yet?

:D Mat 8-)

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Haha no theyre not are they! :D

 

They have charged me another £60 (and refused to give it back) since I began the case so im going to go in tomorrow waving there settlement letter and threaten court again.

 

Surely they will see the cost to them will be in excess of the £60 they owe me? lol

:D Mat 8-)

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Haha no theyre not are they! :D

 

They have charged me another £60 (and refused to give it back) since I began the case so im going to go in tomorrow waving there settlement letter and threaten court again.

 

Surely they will see the cost to them will be in excess of the £60 they owe me? lol

 

You would have thought so wouldn't you - but wouldn't surprise me at all if they didn't make you go through the whole process again - they did with me.

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