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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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Stan1 v Lloyds TSB ***WON***


Stan1
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Thanks

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I do feel a little guilty for not donating the full 5% at this moment in time -by my calculations I need to give around another £50 or so. Please take my word that I will be doing that within the next month!

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Well done Stan! :D

 

PM a MOD to get your title changed and your thread moved.

 

Well done again. :)

 

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 !!!

Title changed and moved as requested.: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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Just out of interest Stan, what did SC&M say on the phone t'other day?

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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Just out of interest Stan, what did SC&M say on the phone t'other day?

Yeah sorry, I forgot about that! It's actually not that interesting at all.

 

I called them a couple of times on Friday. The first time in the morning some bloke said he couldn't look at my file, but that I should expect the money directly into my account before the end of they day. When there was still no sign of it later on, I gave them another call and spoke to a helpful young lady. She took my mobile number and said she would get my file and call me back. She asked me how much my claim was for and I told her the sum their own settlement letter said on it. Within ten mins she called back and said she'd just spoken to "their clients" and the payment was being authorised as we spoke. I had obviously been checking online all day and had another look - within 2 more mins the sum was in my account.... but with the 2nd and 3rd figures transposed, meaning I had got £180 less and their letter stated.

 

I gave them another call around half 4 and spoke to the same lady telling her what had happened. She apologised and said she'd get it sorted first thing Monday morning, which she did. The "interesting" part in my view was that I don't even think they did look at my file - they took down the sum I said incorrectly and handed it over to some bank clerk to type in the number and press 'enter'. I could be wrong, but it just seemed a bit strange on the phone and when I explained to them what had happened!

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  • 1 month later...

Hi all, I'm so pleased to be seeing so many `winners` now. I have a question re my case and the Royal Bank of Scotland. I put in 2 claims for 2 different accounts one being £650.00 which was agreed within a week! the second however which is for £250 they are denying and have replied to the small claims court summons that they are defending it saying they believe their charges are fair!. Surely by settling one account with me they have set a precedent with me by settling on one account, also are they now saying they will defend just to try and scare people off the whole court process? surely they are not going to the wall and defending £250.00? I really feel I should keep going with this one, I would love any help and advice here as I know lots are in my position.

 

TJ (Cornwall)

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  • 1 month later...
Yes, best of luck today Stan, although really you won't need it!

 

It sounds like your very well prepared. Another thing I forgot to mention is don't be apprehensive about telling the judge that the Defendent has defended then serttled every claim so far before the hearing. With any luck he may even make an order simular to the Lincoln judges one!

 

That said, don't directly accuse them of anything, just state the facts - they speak for themselves.

 

Try not to be nervous - there really is no need, small claims is very informal and in my (limited) experience the judges are always very accomedating and helpful with litigants in person. Let us know how you get on.

 

Also, thank you for your kind comments - much appreciated:)

 

 

Hi Gary,

 

i have received my date four court July 23rd? What do I need to do ? I never thought it would go this far? I was refunded #750 but I am still owed 1000 + but they have mentioned in their defence I have gone over six years - only by months as it has taken ages to get to this stage, I am really scared as I have nothing prepared - do I send schedule of harges to their solicitors, I have already sent to the cout?

 

Many Thanks

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Hi Stan,

I have an allocation hearin next month - I am terrified !!!

I went over the six years by a few months - I have been refunded some but not all of my claim

What do I do ? I have posted a copy of schedul of charges to he court but thats it as I never really researched as I thought I would receive the charges back no probs like others have?????

Please help, do I need to take anything with me - Will I lose?

 

Thanks

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Hi Liani, sorry I have just caught your posts, if you don't mind me saying the best way to get advice is to start your own thread in the Lloyds TSB section Lloyds Bank here, this way you will get all the advice you need.

 

Good Luck

Pen

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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Hi Liani, sorry I have just caught your posts, if you don't mind me saying the best way to get advice is to start your own thread in the Lloyds TSB section Lloyds Bank here, this way you will get all the advice you need.

 

Good Luck

Pen

 

Thanks forthis I haveposted it on my original thread to, don't know what to do aaaarggghh

 

:-o

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Ok I will have a look on your original one is it on the lloyds by the way or another bank

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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  • 2 months later...

Hi. I have just rec'd a notice of allocation hearing date for the 25th September, 2007. I rang the court last Thursday and they said that Lloyd's were in default regarding their AQ and that the Judge would be making a decision. hence the NAH. Lloyds have previous put £750. in my bank account as an 'act of good will' and immediately took out nearly £300 of it for loan repayments!!! I wrote and accepted the balance as part settlement. I have now spoken to Lloyds sols to see if they were prepared to settle and was told by I presume a clerk that they were awaiting correspondance from LLoyds.

 

The notice states that Judge Gold; 'will wish to investigate whether any of the cases (apparently there is a block of us) can be settled. He will also wish to determine (a) whether it is desirable and in the interests of justice for more than one case to be finally heard with other cases and, if so, which cases should be finally heard together and (b) what documents and factal and other evidence should be before the court on the final hearings. It is emphasised that there will be no final hearing on the 26th Sept and so the court will not hear from any witnessess as to the facts of the cases on that occasion. The court will be giving directions for the final hearing which will take place on later dates'.

 

Is this the usual notification?

 

Many thanks

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