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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Lou V Barclays Court action in process **WON**


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I have delivered the DPA letter to my branch a few days ago and am now just waiting to hear if/when they plan to send me my Bank Statements or list of charges.

 

My credit rating is pretty poor due to late payments but I managed to set up an account with Nat West as my contingency. (Step account, nothing speacial but atleast I can pay bills and receive my salary)

 

The personal banker was not too impressed and tried to investigate what I was up too, had I been on the BBC website about bank charges blah blah blah, for once I managed to keep my mouth shut!

 

Will keep you updated on my progress, thanks for all the help, some of the threads have been very interesting!

 

By the way my best friend, brother and sister are all starting the prcess too!

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My credit rating is pretty poor due to late payments but I managed to set up an account with Nat West as my contingency. (Step account, nothing speacial but atleast I can pay bills and receive my salary)

 

 

A Step account is very basic banking with Natwest. No cheque guarantee facility, only a solo card. The is no borrowing associated with this account. That means no Loans, Mortgage's, overdrafts credit cards and so on. A better account with the natwest would be there first reserve account. Ok its primary function is a saving account, however, the account is the same as the step account, but it pays a higher interest rate.

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Well I am amazed. Dropped my DPA letter into local branch and got my copy statements 1 week later at NO CHARGE.

 

After having fun with the highlighter pen I can't believe I have paid £1990 in charges, well I can cos I am crap but blimey!

 

So, next letter is on its way and I now start the same process with Barclaycard and my husbands Barclays Bank Account. Might also consider GE Capital.

 

Thanks again for the help. A Voucher will be on its way soon for some books.

LOULOU

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Dammit, if they asked me questions about why I'm asking for statements etc, firstly I'd say it's none of their bloody business, then I'd say however, if you are so interested to know, then you can make an appointment to see my personal finance advisor, namely me, but there will be a charge of £250 an hour at a minimum rate of 2 hours.

 

Let em stick that in their pipe n smoke it.

 

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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  • 3 weeks later...

I have had my first reply to my letter requesting a refund of just under 2K, (usual one saying they are investigating) so I am waiting now for my offer.

 

I am a little concerned at the lack of cases concluded with Barclays, are there many Barclays customers out there who have accepted the 50% offer? I hope not and that many are now court claims with dates approaching, I see Barclays are deffending, has anyone actually gone to court yet with Barclays?

 

I have just been charged another £30 recently, ( I will never learn!) so they don't seems too concerned with dishing out the punishment!

 

Also, I did not get any clarity in the reply to my DPA letter about manual intervention, do I need to be concerned about this?

 

Will of course keep you updated....

 

Lou

 

I passed on details of this claim/website to atleast 10 family and friends and despite their initial enthusiasm no one has yet written off to claim their money back! Shame on them.. They seem to think its all going to fall flat on its face soon and all I will end up with is no money and a bank manager out to get me!

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  • 4 weeks later...

I have today received an offer of £700 as a good will payment ( I am claiming 2K)

 

Obviously I won't be accepting so I will be going to the next stage.

 

Does anyone have any ideas on what has happened to all the other Barclays claims and why there are few details in the concluded cases? I have picked up info on threads about 'gagging orders' is this really true?

 

Will keep you posted

 

Lou

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  • 5 months later...

I started this whole process a long time ago and have finally got to the stage now where I submitted my claim and have just returned the allocation questionnaire to my local courts.

 

Since submitting my claim I have incurred further charges, can I claim for these as well, or do I need to follow the same process but as a seperate request for a refund?

 

There were a few things in the defense statement that bothered me and would welcome any advice on this.

 

"The particulars of claim do not provide details or particulars of the account in question and or the precise charges alleged to have been unlawful, or the date thereof." (I was going to send a copy of the excel spreadsheet with each charge, reason and date back with the allocation questionnaire, is this OK?)

 

Getting a bit nervous now, especially as there are few settled claims in the Barclays folder, those that have gone through the process, what is likely to happen now?

 

Many thanks and wish me luck!

 

I will PM Bank Folder with claims details

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Hi. That is the standard first paragraph in Barclays defence. Even though you may have sent them copies of the schedule of charges, it was not included with the particulars of claim to MCOL. There's no facility for it.

 

If you haven't already done so, print out two copies of the schedule which include the 8% interest and send one to the court where your case has been transferred to for the attention of "The Court Manager" quoting your Claim Reference number on the schedule.

and the other to:

 

Barclays Bank PLC

Litigation and Disputes team

Level 29

1 Churchill Place

London

E14 5HP

 

with the reference number on the letters they have been sending to you.

 

With each Schedule,enclose a covering note asking that they attach it to your file and that you've sent a copy to the other party.

 

Hope this helps you.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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  • 2 weeks later...

I have a quick question - I have filed my allocation questionnaire and paid the £100. As I did not want to hold up the process of my claim I am intending to make another seperate claim for charges I have received in the last 3 months. (yes well I never learn!)

 

Do you think this will be a problem or should I wait until the first claim is finished with?

 

Also, am I right in thinking that NO ONE claiming from barclays has actually made it to court? I am assuming all cases are settled very close the court date. I just read a thread that said Barclays have sent a 'see you in court letter', is this a standard one we are all getting?

 

Hope someone can help me out here. (and put my mind at rest!)

 

thanks

Lou

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  • 5 weeks later...

Well, you are not going to believe this, I was just preparing for a day of hell in front of the computer preparing my court bundle (left it to the last minute as usual), my court date is not until next year, when I get a letter of full settlement!

 

It's about £150 short of the full amount but at the end of the day, payment this side of Christmas, no more worrying about the court date, not having to do my court bundle and actually getting my money is worth the £150 lost.

 

This is amazing, I always thought I would get my money but you always have the tiny bit of doubt that you'll mess up somewhere in the process by not filling in the forms rights or forgetting to do something. Or you'll be the one they take all the way to court!

 

Without the help of this website I would never had stood a chance so thankyou so much. Donation will be on its way as soon as money is in my account. (How do you do this by the way?)

 

To all those other Barclays customers in the process, don't give up, no matter what happens, get organised and stick to deadlines and you'll be a winner too!

 

I am chuffed to bits!

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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