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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.

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      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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Mindzai & Lucid vs Lloyds TSB ***WON UNCONDITIONALLY WITH CONTRACTUAL INTEREST***


Mindzai
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Originally Posted by harvest viewpost.gif

I shed a small tear when I heard that neither of you would actually benefit from the money directly as in going out to buy a new car or something.

 

 

 

Hi Harvest,

 

There's no need to be upset at all. :) We always intended to use the money to pay back debts. We cleared our overdrafts with Lloyds which meant we could finally close our accounts, we paid back borrowings for court fees and then we paid the rest to my sister. We were much happier doing this than not and we do see it as having benefited. We never intended to get a lump sum of money and go on a mass spending spree, and although we still owe my sister money at least we've managed to pay her back a fairly large amount in one go - something which we couldn't have done before.Lucid :)

 

Extremely well done to both of you. Personally I think the relief of having cleared these particular debts and having the worry of them lifted off your shoulders far outweighs the feeling of going on a spending spree - which in my experience only lasts for that day anyway!

 

I couldn't believe the amount of demanding (and obviously automated) letters you received from Lloyds whilst the accounts were still in dispute. It just adds more to the consumer's argument against the bank's unfair charges and the whole automated letter and non-human intervention process. If that aspect of your case had been brought before a judge, how would they have been able to legitimately argue why it costs £35 or whatever per charge. Obviously they wouldn't unless the system that produces the automated letters is very very expensive to maintain.:rolleyes:

 

Good news for you both on the home front; albeit the same home but it's now going to be your home and is another cherry on the cake!

 

Regards,

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Hi

New to site, just spotted Mindzai & Lucid case, and so impressed by thier success with interest achieved, wow !

 

Halfway through a claim with LLoyds TSB, got to stage of thier solictor stating they will defend, so now being transferred from MCO to local court, awaiting document pack from court.

 

I have calculated interest at the statutory 8% with my claim with MCO, can I now re-calculate my claim at 29.8% before it gets to court stage ?

 

I just wanna kick Lloyds butt ! for all grief endured over the years.

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You'd have to make a formal application to amend your claim, but personally I would advise you not to.

 

CI is a very contentious issue. The basis for claiming it is legally unsubstantiated and there are undeniably risks involved. M&L were fully aware of those risks, and they researched the CI arguements thoroughly and were prepared to go to court to argue them. Unless you can say likewise then I would stick with the 8% statutory.

 

Also, when claiming CI you are supposed to include it in the preliminary correspondance, so really its too late in any case.

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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Hi

New to site, just spotted Mindzai & Lucid case, and so impressed by thier success with interest achieved, wow !

 

Halfway through a claim with LLoyds TSB, got to stage of thier solictor stating they will defend, so now being transferred from MCO to local court, awaiting document pack from court.

 

I have calculated interest at the statutory 8% with my claim with MCO, can I now re-calculate my claim at 29.8% before it gets to court stage ?

 

I just wanna kick Lloyds butt ! for all grief endured over the years.

 

I'm a little confused as you say cancel before court stage but you say you've already filed a claim? If you have already issued proceedings then I think no .... any amendment would really need to be given in writing to the bank & allowing them a further 14days in which to consider your claim ... I have done this with a claim where I omitted some charges & therefore I amended the schedule & went back a step to reissue the previous letter explaining to the bank the reason for my changes.

 

I know you can pay to amend a claim (ie if you omitted something from your POC etc) but I really don't think it is wise to change the amount you are claiming. The only option may be to cancel the claim completely & start again ... hopefully someone who knows the latter for sure may be along to help too - Good luck :)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Ahhh there you go!

 

Hi Gary .. we we're posting the same time then matey but you beat me to getting yours on the board first (I think it's my waffle!) ;):D

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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;)

 

Not waffle at all. Spot on in fact.

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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;)

 

Not waffle at all. Spot on in fact.

 

:D

 

Thanks folks

 

point taken will go with original amount. ;)

 

I can see why you were inspired to go for the lot after reading this thread tho! Perhaps if you have any others to 'go at' next time round? :)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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  • 1 month later...

Wow! I've just spent the past few hours reading this, and I have to say - hats off to the two of you! I was uncertain about the whole process when I arrived on this forum this morning, but now I feel enlightened and informed!

 

I am inspired, and am downloading your spreadsheet, and will be doing some calculations, post haste.

 

Congratulations, and let justice be served!

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Hi Mindzai & Lucid

 

Im trying to compile a list of successful Lloyds contractual interest claims to use as leverage in court on June 1st.

 

I will need the County Court referenece numbers, looked for yours but could not find them in your thread or in litigation concluded. Is this something you could let me have, by pm if you prefer?

 

Many thanks

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  • 3 weeks later...
Hi Mindzai & Lucid

 

Im trying to compile a list of successful Lloyds contractual interest claims to use as leverage in court on June 1st.

 

I will need the County Court referenece numbers, looked for yours but could not find them in your thread or in litigation concluded. Is this something you could let me have, by pm if you prefer?

 

Many thanks

 

Not sure if Lucid has sent them, but if not I will sort it when I get home.

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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No I haven't - sorry golfscape but i've onl just seen your message. :eek: I don't know if it's too late now but I will try and go through all the paperwork tomorrow and find the info. I'd completely forgotten I never got round to a 'Litigation Concluded' post so will do that at the same time. :o

 

I apologise if it's too late golfscape but I haven't been on here for ages - had so much work going on.

 

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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Hi Mindzai and Lucid.

 

This is my first post on the site although I have been trawling and reading through the site for a couple of months now.

 

May I congratulate you both on your success and thank you for posting such a detailed synopsis of your claim.

 

Your posts have inspired me to attempt a claim against NatWest for compound contractual interest however I have a questions of which I would appreciate your views.

 

My claim will be on two accounts, one in my name and the other a joint account. We closed our joint account in October 2002.

 

My query relates to whether it is reasonable to claim cotractual interest on the joint account charges upto now (would be over £6k) or to when the account was closed. I know they have had our money all this time but my concern is that the argument for contractual interest is on the 'mutual agreement' which was ended in October 2002 and am unsure if this would have any bearing on the claim.

 

Appreciate any comments.

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  • 2 weeks later...

Hi all

 

just a quick note to add to this tremendous thread, I think this whole affair exudes the spirit of the forum, and serves to be inspiration & educational. Not only does it detail the stages, the concepts of contractual interest, court procedure etc. but it also perfectly shows how to keep the moral high ground in the face of completely irrational & threatening behaviour by the banks and their agents.

 

It's a long read, but exciting & informative, and well worth it - your letters and info must make this an effective test case many will seek solace from, and turn to for advice.

 

WELL DONE FOLKS !

 

For the record, I'm just going through my statements & weighing up whether to go for the contractual interest, basically my situation is rather pressing, and Nationwide's last day is today for a response to my request for payment. I didn't include any interest charges as a 'gesture of goodwill' (in the vain hope of quick payment ;)), but also because they've only just (apparently) despatched my statements, and I had to chase them too. Also weighing up sending a non-compliance and stepping directly up to MCOL (I've two accounts, one with just under 11k & one just under 1k WITHOUT interest).

 

To explain, I'm in dire need of the money (who isn't ??), and need to weigh up the possible saving in timescale if I go direct to MCOL, rather than sending a LBA and waiting a further two weeks. Nationwide STILL have not sent my main statements (11k claim) unless they arrive today BTW. The flip side is that I can work through the spreadsheets on my lesser claim to see what the interest comes in at, of course anything 'extra' is worth having, but I'm not fully sure I can grasp all the concepts to be completely sure in time - if I'm going to MCOL directly that is.

 

Any advice would be gratefully received of course, I suppose if I go the non-compliance option and omit the LBA, or wait a few days to evaluate the full interest calcs, it may be prudent in the long run.

 

 

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Wow! Have just finished reading your thread from beginning to end! Totally inspirational. Fantastic. So absolutely delighted for you that you won and beat the buggers in the end. Well done. Congratulations. Was, as others have said, like a really good read/book and I found myself wanting to cheat and read the last page to see how it all ended! :D

 

Am new to site and will certainly be referring time and time again to your fantastic letters and just to be inspired to keep going!

 

Your journey has already brought up questions I never thought about/knew but they will have to wait till tomorrow. It's 3.00 in the morning! :) Totally mad-been reading this for hours but I just couldn't 'put it down'.

 

Once again congratulations to you both and good luck with next claim.

 

I love a story with a happy and morally just ending. :D

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Cor what a thread! :) It's better than 'Gone with the Wind'....

 

I've just come across this and have been enthralled - you are an inspiration to us all, Lucid & Mindzai! I particularly enjoyed your fabulous letters. Congratulations on your victory, as you certainly deserve it. ;)

 

It has made me much more confident about my forthcoming fight with the Woolwich, as I'm getting pretty much the same response from them as you guys did with LTSB. I just feel like I'm banging my poor old noddle against the proverbial brick wall. If it is OK I may steal some phrases from your letters? :)

 

WELL DONE!!!

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

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