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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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JJ v Barclays **Settled**


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Hi have been routing round site all afternoon. I am just starting my ball rolling and created the 'request for repayment of charges' letter. Have completed my spread sheet file...BUT... am now confused over which interest is required in the letter regarding 'plus £XXX which you have charged me in overdraft interest for the sum which you have taken'. I have calculated the sum of fees they have taken, but where do I get the interest from, as the spreadsheet link tells us not to use the 8% apr interest until after we have sent off the first letter.

 

Please can you tell me what interest is required in the first letter - going mad!

 

Great site by the way.

 

JJ

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You have to identify charges which they have taken in in interest. You aren't calculating a %.

 

On your statement every month it will have a figure for "Ovedraft interest"

Some of that will have been incurred because of a penalty charge in respect of which you were overdrawn. You will have to add that element if you want to get all of your money back.

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Just been reading the thread on Martin Lewis's site, it seems some people have played the banks at their own game and added an interest rate equivalent to the banks loan rate, this for the charges they have made, unlawfully, on the account, some at 18% some at 29%, remember it is YOUR money they are taking and earning interest on themselves, since them having it means you did not, then in all likelyhood you can apply THEIR Terms and Conditions on YOUR taken money, remember, not one of these cases has yet gone to court, and in the instances I've read of so far, the bank has paid in full including, albeit only a few cases, this added interest.

 

I shall be presenting Barclays with my Data Protection Act letter tomorrow, 1st step, they may or may not respond, I care not what they say in reply, I doubt I'll even read it properly, they are shafting people and especially those that have limited finance, which invariably will suffer the most due to these excessive charges.

 

I would say, add your own nominal interest rate on what you are owed, they will never get as far as going to court, if indeed they do, you can use their own T&C and excessive interest rates as your guide to the rate you charge. I intend to do exactly this.

 

moderated: please do not post comments that may be seen as libelous ,this is for the protection of the site

 

Will start my own thread on receipt of their first response :)

 

Rebel

vs Barclays Bank plc - £1670+interest @ 8% + Costs Concluded 24th June 06 - 5% donation sent

vs Bank of Scotland - £2226.42+interest @ 8% + Costs SETTLED IN FULL 6th Aug INCLUDING 8% pre court.

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You have to identify charges which they have taken in in interest. You aren't calculating a %.

 

On your statement every month it will have a figure for "Ovedraft interest"

Some of that will have been incurred because of a penalty charge in respect of which you were overdrawn. You will have to add that element if you want to get all of your money back.

 

Ah, thank you - i am no longer confused. JJ

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  • 2 weeks later...

Since being very confused over the interest, I thought I'd put on an up-date. I sent (13 March) the initial letter 'Request for repayment of Charges' and received two letters on the same day, 17 March, one explaining the matter would be looked into, the other offering a 50% gesture of goodwill. I have today, 20 March, sent the 'Letter before action'. The Head Office customer Relations contact who wrote to me was Jeremy Bigmore so I have replied to him.

 

I am prepared to go to court, as looking around the site everyother bank apart from stubborn Barclays seem to be settling out of court. Will do another up-date hopefully very soon... JJ

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Up-date: After sending my 'Letter Before Action', today I have received a letter from Barclays saying that their 50% offer of a gesture of goodwill still stands but if I'm still unhappy I might refer this matter to the Financial Ombudsman Service - so guess what - I'm off to the Moneyclaim site to start my litigation process...........will update soon... JJ

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Sorry if I appear a bit dense but I was about to make a claim of £535 in charges without any interest charges added on to that. In spite of reading this I am still unsure of how to calculate the interest charges made. On my statement above each charge, ie unauthorised overdraft fee £20, there is an amount of interest charged. Do I take this whole amount or if not, what proportion of it should I calculate? In one case I am overdrawn, there is a £20 unauthorised overdraft fee and interest of £16.58. I dont like to be a nuisance but interest always confuses me. :oops:

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As well as your £535 charges include the 'overdraft interest' which will appear once a month on your statements if you have gone over your overdraft limit as this will include interest you have been charged on your penalty charges. So the basic total you are claiming will have increased! Then....when (AND ONLY WHEN) you have sent your first letter to the bank asking for them to return the penalty charges plus interest they have charged you on them, you use the excel spreadsheet from the LIBRARY pages to insert your penalty charges and interest on those which will automatically accumulate your 8% apr interest which you can claim (via the small claims court) if the bank refuse to give you back the basic total.

 

I filed my claim on FRIDAY! JJ

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Sorry if I appear a bit dense but I was about to make a claim of £535 in charges without any interest charges added on to that. In spite of reading this I am still unsure of how to calculate the interest charges made. On my statement above each charge, ie unauthorised overdraft fee £20, there is an amount of interest charged. Do I take this whole amount or if not, what proportion of it should I calculate? In one case I am overdrawn, there is a £20 unauthorised overdraft fee and interest of £16.58. I dont like to be a nuisance but interest always confuses me. :oops:

 

Please start your own thread! You're hijacking someone else's!

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  • 4 weeks later...

Update....

 

Aftering filing my claim on 27 March Barclays only have TODAY to go to defend! Watch this space...

 

I've been following 'Oblong vs Barclays' and I'm probably only a few days behind...

 

JJ

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Just an update... I received Barclays defence on Friday (28 April) the last day before their deadline! Will be sending back the allocation questionnaire over next couple of days. Till the next update........................

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You're highjacking someone elses thread - start your own, it makes it easier for people to help you.

 

Also, where did you get the 17.9% figure from?

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Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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i'm not sure if this is helpful, please don't take my word as gospel but I have worked out my interest using this method. I phoned Barclays and asked them how much I am charged when I go into my unauthorised overdraft. They said 27.5% APR so I figure...

 

on charges of £20 - 20x27.5/365 = 1.5068493 = one days interest for a £20 charge

 

on charges of £25 - 35x27.5/365 = 1.8835616 = one days interst for a £25 charge

 

etc

 

£30 = 2.260274

£35 = 2.6369863

 

i figure that you could probably charge more. But I personally can't be bothered to try to equate the full figures. I have just asked for a refund of one days interest per charge. I know the figure is less than the full amount but it will be fairly close.

 

CAUTION - I really don;t know enough about the claims to be offering advice the above equation is only useful for working out what £20 is as a daily APR fraction. Please wait for some who does know what they are talking about to confirm or reject what I have written

 

T

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  • 3 weeks later...
Just an update... I received Barclays defence on Friday (28 April) the last day before their deadline! Will be sending back the allocation questionnaire over next couple of days. Till the next update........................

 

And another update....

 

I have received a copy Barclays allocation questionnaire. So still waiting for a court date - won't be too long now I'm sure.....................

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  • 2 weeks later...

I've still not had my court date yet - it really can't be long now. Has anyone else got their date apart from Oblong21?

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  • 2 weeks later...

Just another up-date - I'M STILL WAITING!

 

By the way, can anyone tell me how to change the title of my thread so it reads - JJ v Barclays - thanks in advance...JJ

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  • 2 weeks later...

WTFG JJ :)

 

Rebel

vs Barclays Bank plc - £1670+interest @ 8% + Costs Concluded 24th June 06 - 5% donation sent

vs Bank of Scotland - £2226.42+interest @ 8% + Costs SETTLED IN FULL 6th Aug INCLUDING 8% pre court.

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