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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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Business account successes


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GOOD NEWS !!!!!! LLoyds business claim(95 to 98)

I have a hearing .... application to have stay lifted on 28th May

although it is 3 months away, I hope Lloyds/ martin O Johnson will try to settle before then

I assume I would have to pay this £300 fee before the hearing ???????

 

this encourages me to apply for HSBC stay lifted

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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Excellent! A long wait, but as you say, they might be persuaded to settle in advance. Depends on how they view the pre-six year factor.

 

I assume I would have to pay this £300 fee before the hearing ???????

 

 

Yes, but I think i would be checking with the court as to how long before the event it needs to be paid, to avoid a discontinuation.

 

Els

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Hi LC,

 

I don't know if this will be enough for bank to settle - they may decide to simply oppose the lifting of the Stay.

 

At least the delay gives you time to put together the best reasons you can find for the Stay being lifted.

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Saw this and thought of you - http://www.consumeractiongroup.co.uk/forum/barclays-bank/80397-martin3030-barclays-business-round.html#post1418471

 

Very interesting as it goes along the same lines as my letter to bank.

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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  • 2 months later...

I got my stay lifted, and a hearing about the pre 6 years limitation act to be scheduled within next 6 weeks.... cannot say much more, I am waiting for the instructions from the judge

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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Looking at my papers from Lloyds in 1997, they refer to the "consumer credit act" as the basis for a loan, which paid back charges and interest etc. I cannot find any T&C's from this period.

I will research the limitations act arguments when I get my next court date. I am in court again today to remove stay on my Midlands business claim

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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I have a couple of letters received by myself from Lloyds upon the event of some charges upon a Business account.

They clearly present the charges as pertaining to costs.

They are from 2000 and 2001, so although not from the period included in your claim if they are now claiming a defence of "fees' or "service charges" these letters are indicative of concealment, and I do believe that any act at any time is sufficient to cite and invoke this.

 

I do also have a copy of their Business banking account charges leaflet from 1998 which very definitely states that such charges are levied to cover additional work involved on their behalf (and also states this occurs when you exceed your overdraft limit without prior agreement).

I can let you have a copy of this also (I did send it off to the CAG library, so it's available through there as well)

 

If you want copies of any of these send me a PM with an email address.

 

PM

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All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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sorry about delay in posting

I am still waiting for the court order following the lifting of Lloyds stay... over a week ago

The identical result happened yesterday for lifting of my HSBC business stay... same judge/same result

He quizzed me about what my claim is now following the test case result

He pointed out common law/no penalty.

I couldn't reply.... all I said was that the test case judge said historic T&C's might be different.(????)... I definitely need 95-98 HSBC T&C's.

They had a local solicitor there and she suggested asking HSBC main solicitor for the info... Also I might ask the bank

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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Excellent advice zoot

I still haven't had the court orders (LLoyds and HSBC)

I will phone both LLoyds & HSBC tomorrow and ask for relevant historic T&C's

I will also write to them/copy to solicitors saying that if they don't supply will put in part 18 requests. I am hoping it will flush them out and they will make offers

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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  • 2 weeks later...

court order arrived... 7th Aug to hear limitation as a preliminary issue

will need T&C's from 95 to 99 by then

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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  • 1 month later...

SUCCESS !!!!!!!!!!!!!!!!!!

LLoyds/Martin O Johnson have paid in full..... including compound interest going back to 1995

As usual banks will do almost anything to avoid going to court

this time the next hearing was to consider limitation

Historic terms and conditions seems to do the trick

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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Hi LC,

 

Fantastic news and I'm delighted for you ! :D

 

I hope this shakes things up a bit re Business claims.

 

CONGRATULATIONS

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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:D

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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Donation made

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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Great.

 

BTW in all the exitement-no one remembered to change the header....so am delighted to do the honours and add the magic words.

Will leave here so that everyone can see it :D

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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  • 4 months later...

Pm a team member to get your thread moved here if you win.

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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