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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 
      • 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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Bank Charges ***WON***


Liani
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Regarding post 49, you do not need to prepare these documents until such time as the judge orders this, if indeed he / she does. I do not see from your thread that this has been ordered.

 

Any for c) and d) see the link in post 47 and below:

c) A statement of evidence

d) Cases and statutes, as found in the Basic Court Bundle

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Liani - Its a draft order for directions. We are asking the judge to consider using the directions on this order for our benefit. If he agrees to use these directions, he will then give us the directions, where the timescale then begins.

The timescale is only put on it for the judge to consider using, when he/she issues their directions.

 

Ideally a prelim hearing, i gather, is a hearing where the judge decides how to proceed with the case. Our draft order is only to give the judge a nudge (that rhymes) in the right direction, if you know what I mean. I understand the cinfusion over the 14 day timescale, but this only comes into play when the judge issues directions for us to follow before attending the full hearing.

 

I hope this hasn't confused things even more, but I would send a copy off as stated above, in order to give **** a nudge as well.

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Liani,

 

I sure as hell do not want to confuse you; but up in your thread you say you used 'the calculator' - was that the Excel spreadsheet on CAG or the one in your pocket -;) the CAG one calculates at a lovely 'daily' rate; and as far as I know this rate carries on until the day of payment and not just from the day of judgement

 

Best of luck

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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Leanne, I have just noticed your court dated 23rd july you should be keeping a eye on your account around now, as they often pay up without informing you. I am interested to know what calculator you used:D

good luck

: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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Sorry if this has already been addressed but I just wanna make sure it's relavant to mine....we have had a letter asking us to send to the court and barclays a)schedule setting out each harge, b)copies of any statements, c) statement of evidence, d), copies of all decided and other legal materials to be relied upon.

 

what i'm confused about is.....is this the "court bundle"??? and if it isn't what is it and what IS a court bundle??? this seems enough stuff that they've requsted so what more would they want after this????? Also, what is a "Draft Order of Directions "???? as i keep seeing this phrase 2!!!

 

Hope someone can help me, i'm all confused!!!

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Hi Monkey girl. This thread should help

 

GOT A COURT DATE? Important, please read......

 

Also if you search court bundle in the search drop down above, you will get more info on it. Its best to read as much as you can about it, so that if u go to court, you know what to do and what to refer to.

 

Hope this helps.

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Also you will not need a draft order for directions, because you have already been given directions. The directions are what you have listed above. The draft order is for those who attend a prelim / allocation hearing, before the main hearing.

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Sorry if this has already been addressed but I just wanna make sure it's relevant to mine....we have had a letter asking us to send to the court and barclays a)schedule setting out each harge, b)copies of any statements, c) statement of evidence, d), copies of all decided and other legal materials to be relied upon.

 

what i'm confused about is.....is this the "court bundle"??? and if it isn't what is it and what IS a court bundle??? this seems enough stuff that they've requsted so what more would they want after this????? Also, what is a "Draft Order of Directions "???? as i keep seeing this phrase 2!!!

 

Hope someone can help me, i'm all confused!!!

 

You say a letter, is it an order? Can you please post it up in full (verbatim) please.

 

This is the draft order for directions:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html#post482191

 

Essentially the documents that constitute the draft order become the bundle.

 

I think your judge has ordered the draft order which is good news and will lead to a quicker settlement and should obviate the need for a court appearance, see my thread as to how matters should now develop and the steps you should follow (subject to your confirmation that the draft order has indeed been ordered):

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb.html

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Sorry GuidoT, I don't think that the judge did ask for the draft order, I just think from looking at monkeygirls post, I think she has been given the directions for the actual hearing. I think she was just asking about the draft order as we have been discussing it on the thread with Liani.

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MG1984 does not have her own thread otherwise I would have responded there.

 

If she (I presume a lady but not a monkey) is reading this then read here and start your own thread and post up the order I refer to in post 58 on that thread:

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/13182-how-make-posts-please.html

I know it is confusing, that is why there is a no hijack rule (that I am guilty of breaking now).

If I have been helpful please click on my star and add a comment.

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Monkey's account is with Barclay's, I like wilksa thought that she was just asking about draft order's but as she has not been given a court date as yet we may be wronge. now we may never know :D :D :D unless we start reading Barclay's thread's

: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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No idea how to start my own thread!!!

my allocation quetionnaire was dispensed with and i just got ths straight away....but with no court date! the judge decided without hearing that it was going to the small claims. what they have asked me for is 113 pages!!! Does this sound right??

also shall i include letters barclays have sent saying they have terminated the account??? Purely cos of us trying to claim what is rightfully ours!!!

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Leanne, I have just noticed your court dated 23rd july you should be keeping a eye on your account around now, as they often pay up without informing you. I am interested to know what calculator you used:D

good luck

 

Wahoo !!!! I have just checked my account and money has been deposited - I cannot believe it !!!

Thnks ll you guys for your help, do I need to tell the court? I have had no letter from bank s yet.

I have said it before but I still cannot believe it

The calculator I used was on this site I think, its the one that calculates the interest for you?

Good Luck everyone

:)

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Congratulations, well worth the look hey!!!

 

Don't you just hatei it when claiming becomes easy:D :D :D

 

Guildot, have you noticed this week especialy they have been more payouts from lloyds then every before, or is it my imagination;) nearly every thread I have been on this week someone has won their chargers back? lets hope it keeps up!

: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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Pen - Last 2 weeks or so there has been a bumper number of payouts, yours included - the most I have ever seen. Who knows what is going on internally at Lloyds TSB.

If I have been helpful please click on my star and add a comment.

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Pen - Last 2 weeks or so. there has been a bumper number of payouts, yours included - the most I have ever seen. Who knows what is going on internally at Lloyds TSB.

 

I wonder if this is anything to do with the judge ordering Yorkshire Bank to provide a breakdown of charges? Seems like quite a co-incidence!

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I wonder if this is anything to do with the judge ordering Yorkshire Bank to provide a breakdown of charges? Seems like quite a co-incidence!

 

To be honest - it has been going on a lot longer than that - for at least a month - settlements have been coming thick and fast (particularly with LTSB) - do you think they might be getting the message?

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To be honest - it has been going on a lot longer than that - for at least a month - settlements have been coming thick and fast (particularly with LTSB) - do you think they might be getting the message?

 

I hope so, I have 1 settled with LTSB, 1 at LBA stage and 1 which I need to fill court paperwork out to start the claim!

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I wonder if this is anything to do with the judge ordering Yorkshire Bank to provide a breakdown of charges? Seems like quite a co-incidence!

 

I think there could be somthing in that.

 

Working on the basis that the Yorkshire Bank are going all the way with this, Lloyds could well be clearing the decks ready to implement a new system of dealing with claims after disclosure.

 

In the event of a figure of approx £12.00 being laid down as a reasonable 'penalty', then we could see a situation in a few months time when a claim that would be worth £1,200 today will drop in 'value' to £720 in the near future.

 

In the event of this possibility, i think we should be encouraging everyone we know to put in a claim as soon as possible to ensure a 100% (and possibly much faster) payout.

 

Forgot to say, congratulations Liani!

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Congrats Liani!!!!!!!!

I had noticed an increase in payouts recently too.

Excellent, let's hope they keep paying out and preferably quicker too.

SAR sent 07/03/07

Statements rec'd 14/04/07 (ish)

Prelim Sent 03/07/07

Prelim rejection rec'd 10/07/07

LBA sent 12/07/07

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I take it you didn't send them any nudge letter's?

No offense but hopefully they've completley forgotten about you and won't turn up to court tomorrow, ch ching money for you.

SAR sent 07/03/07

Statements rec'd 14/04/07 (ish)

Prelim Sent 03/07/07

Prelim rejection rec'd 10/07/07

LBA sent 12/07/07

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