Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

fluffycloud v LLoyds TSB Business Account**WON**

fluffycloud

By fluffycloud
in LloydsTsb Successes

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6128 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

fluffycloud

fluffycloud

Posted
  • Author
Posted

Thanks for your advice, I have just printed the schedule off (its on my office pc and I only work two days a week in the office, the other days from my laptop at home), do I send a 'please find enclosed schedule charges letter now can you send me my chq quick as I am going on my hols soon type letter' to the solicitors or shall I not be pushy? Also as my account is now closed how do I politely remind the solicitors that a chq would be preferable?

Link to post
Share on other sites
loonpants

loonpants

Posted
Posted

1) yes, send it recorded.

 

2) it's basically the judge saying to their solicitors "you've got a month to settle it or else. Don't bother me until then"

 

 

 

I've done a claim for a friend who was in a similar situation to you but was with barclays bank so i'm not sure if this will work but i sent them a letter basically confirming the stay for settlement period and that he'll be absent from the country for the majority of the settlement period and gave them 14 days to respond. That did the trick and they paid in full a few days later. It might work for you.

Link to post
Share on other sites
fluffycloud

fluffycloud

Posted
  • Author
Posted
1) yes, send it recorded.

 

2) it's basically the judge saying to their solicitors "you've got a month to settle it or else. Don't bother me until then"

 

 

 

I've done a claim for a friend who was in a similar situation to you but was with barclays bank so i'm not sure if this will work but i sent them a letter basically confirming the stay for settlement period and that he'll be absent from the country for the majority of the settlement period and gave them 14 days to respond. That did the trick and they paid in full a few days later. It might work for you.

What do you think to this? I am just about to print it off??

I am in receipt of a General Form of Judgment or Order from Medway County Court,

As per the order, please find enclosed a copy schedule of the penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act.

I will be out of the country for most of August (period of stay), therefore I would appreciate if this claim is settled prior to my departure at the end of this month.

As the account was closed by Lloyds TSB Bank, I trust the settlement payment will be made in the form of a cheque; I look forward to receiving this by return.

Link to post
Share on other sites
loonpants

loonpants

Posted
Posted

Chances are, you won't receive a thing back from them though. But in that instance you send the courts a template letter stating they didn't even have the decency to respond to your letter. The judges seem to hate them ignoring their stays.:)

Link to post
Share on other sites
fluffycloud

fluffycloud

Posted
  • Author
Posted
I'd put ....

 

"I am in receipt of a General Form of Judgment or Order, ordering a stay for settlement from Medway County Court, "

 

I'd send a copy of the letter and schedule to the courts too.

 

Perfect its done, just off to the Post Office on the way to do the school run and will send it Recorded Delivery, might email the Solicitors too as I have their email what do you think?

p.s thanks so much for your help today!

Link to post
Share on other sites
  • 2 weeks later...
fluffycloud

fluffycloud

Posted
  • Author
Posted

SUCCESS!! Received an Offer letter today from Foot Anstey offering the whole amount of my claim which is great news, LLoyds have caused me so much stress over the past two years its so nice to finally get something back. Thank you to everyone for your help, as soon as I receive the money a donation to CAG will be made (how does one do this?).

 

Any advice on where I can find a template acceptance of offer letter?

 

Also Foot Anstey have asked me sign their confidentiality agreement.. is this normal?

 

fluffycloud x

Link to post
Share on other sites
BARTY

BARTY

Posted
Posted

Congratulations!!:D :D

 

There are letters below rejecting the conditions to send to the Solicitors, and one to send to the Court to say the claim has settled:

Error

 

Error

(Both links do work despite saying error)

 

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

Link to post
Share on other sites
fluffycloud

fluffycloud

Posted
  • Author
Posted
Congratulations!!:D :D

 

There are letters below rejecting the conditions to send to the Solicitors, and one to send to the Court to say the claim has settled:

Error

 

Error

 

(Both links do work despite saying error)

 

Barty:)

 

They arent working!!!! Sorry to be a pest! Can you redo the link for me ta x

Link to post
Share on other sites
loonpants

loonpants

Posted
Posted

Probably because their cases are being struck out now based on the fact that no previous cases go to court. Adding that in, they could argue that it not be included in the long list of cases that never made it to court i guess. Tell them to shove it.

 

 

It looks like you need to log in with your forum account to access it. Click on the remember me and it shouldn't ask you again.

Link to post
Share on other sites
fluffycloud

fluffycloud

Posted
  • Author
Posted

Thanks everyone and thanks Barty for the links, yes if I log in they work (having a blonde day). I am off to send this letter recorded delivery and hopefully get our money asap !! Will donate to this fabulous site as soon as I get my dosh! Now going to fight MBNA over my card charges and try and get my PPI back on my X5 through BMW finance!! So I will be on this site for a while yet. Have a good weekend everyone!:)

Link to post
Share on other sites
Marconi

Marconi

Posted
Posted

I had exactly the same and I sent the letter saying I would not except any of their conditions and as they had offered to pay in full, I would expect cleared funds before the file date of my AQ. Otherwise I would inform the court of their timewasting tactic and would claim the additional cost of filing the AQ.

Send them a email.....address it to the person at foot and mouth who is looking after your claim and they will respond very quickly and dismiss all of their conditions.

good luck and you will soon be chinking a glass of celebration.

Link to post
Share on other sites
fluffycloud

fluffycloud

Posted
  • Author
Posted
I had exactly the same and I sent the letter saying I would not except any of their conditions and as they had offered to pay in full, I would expect cleared funds before the file date of my AQ. Otherwise I would inform the court of their timewasting tactic and would claim the additional cost of filing the AQ.

Send them a email.....address it to the person at foot and mouth who is looking after your claim and they will respond very quickly and dismiss all of their conditions.

good luck and you will soon be chinking a glass of celebration.

 

Evening! Sent my letter recorded delivery and they received it yesterday so hopefully I will get a cheque next week before I go on my hols, first thing I want to do with the £4k is donate to the CAG and secondly buy a bottle of Cristal Champagne and toast (sarcastically) my old business manager at Lloyds... shame just heard from a friend that he is 'no longer with Lloyds'.. I wanted to send him a postcard saying 'thanks for my refund of charges!' that would have made his day NOT! Ha ha

 

Anyway fingers crossed I will get my money soon.

 

Have a good weekend !

Link to post
Share on other sites
  • 4 weeks later...
fluffycloud

fluffycloud

Posted
  • Author
Posted

Hi just an update, cheque arrived exactly one week after my acceptance letter was received by Foot Anstey... chq banked now cleared and the funds moved into another account!! Donation on its way to you guys for your help.

 

Wonderful victory against Lloyds TSB £4060.14 exactly!!

 

Its not the money that makes me happy its the fact that I have finally won after years of stress and tears and a near nervous breakdown with the nastiest business manager alive!

 

Its also great that my claim went through just before the 27 July when all cases have been put on hold it seems. Dont give up the fight, its our money keep going and we will succeed!!

Link to post
Share on other sites
Hopeful1

Hopeful1

Posted
Posted

:D Hi Fluffycloud, it's been a while since i've posted but have follwoed thread - WEL DONE!!! :D I am so pleased this nightmare is over for you. When i read about someone winning a battle it inspires me all over again.

 

Good luck with your next lot of fights!!! :p

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...