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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
      • 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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Bookworm v Barclays - **SUCCESS**


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Oh dear, oh dear, oh dear...

 

Now, I'll be honest: I like being with Barclays. They let me put money on the same day as I go over and not charge me, I can put in a cheque and use the money straight away. And their online banking site is easy to navigate.

 

So, I didn't chase them for my charges. well, tbh, there's not that many, my account with them has been more on the fat cow years... But there has been the occasional slip...

 

One of those occurred a couple of days ago, I miscalculated by a few pounds. My fault totally. So I got charged £30 for going £3.53 over. Bummer.

 

Well, I thought: Why not? I'll give them a wee call, see if I can ask nicely for it back. No harm, no foul, kind of attitude, see what happens. I know that if that fails, I have a back-up plan!

 

They said no.

First, a girl said no, then when she transferred me to a manager who I thought maybe could be reasoned with better (well, all right, leaned on), he said no.

I asked nicely.

Then I tried reason, saying that if I had to take them to court, I would reclaim the lot to make it worth my while, and wouldn't it be simpler to refund my 30 quid and be done with it?

He said no.

He said it was my responsability... at which point I cut him off to say "yeah, yeah, yeah, I know all that, its my responsability, I have signed the T&cs, blah blah blah... Look, I'm just asking: Can you save us both the hassle and refund me, or do I have to start legal action? You're a manager, you must know that if I have to go down that route, you will either fold before court, or lose in court, and I'll get my money back either way... What is it to be?"

He still said no.

So I thanked him politely, and here I am... well, I tried conciliation...:D

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Now...let's be honest...did you ring up as Bookworm, or did you ring up under your pseudonym as a customer? If you had rung as Bookworm they would have capitulated before the second ring...oh well, they are going to get their toes stamped on until they apologise.

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well, funny you should say that...:D

 

I DID say that I was involved with the Bank Action Group (he did NOT say: "the what?", incidentally) and that I knew more about T&Cs, unlawful charges and the UTCCR than he could possibly imagine... But bwankers will be bwankers, what more can I say...

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what more can I say...

Well...you could say the bwankers thing again...it reminds me of Jonathan Woss...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Yeah i know they must be trying to infiltrate as we speak!:rolleyes:

 

I feel like im fighting the enemy from the trenches atm! Lol

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Hi all. I closed my Barclays account in 2004 and i remember having incurred a few charges from the time i opened the account in 98. Can i still make a claim for a refund of charges going back to approx 2002 (6yrs give or take)?? Cheers!:confused: :confused: :confused:

Barclays - claiming £1082 - prem letter sent 3/5/06.

HSBC - claiming £744 - £320 offered 2/5/06. No gracias!

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Bookworm,

 

Did you know that the collective noun for a group of bankers is a WUNCH ?

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Bookworm,

 

Did you know that the collective noun for a group of bankers is a WUNCH ?

 

Haha!! A bunch of w..........!

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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  • 2 weeks later...
  • 3 weeks later...

Just a quickie. Before all this action group forum kicked off i managed to get my charges taken off by Barclays and my partners Natwest account. It was about a year ago this is why, when i saw this forum everything just clicked into place! I got a letter off Barclays to say i had gone over my overdraft and that i was going to have to pay £25. Ths wasn't the first time but i thought what the hell i'm gonna go down there and kick off a bit and see what they do(couldn't hurt could it) anyway got down there and asked to speak to someone in charge. The branch manager took me to his office and asked what the problem was. I explained i wasn't prepared to pay the fee and he basically started going on about this was what happened even if it was 1p over. Anyway to cut a long story short i told him that this is why we were going over the overdraft all the time and he said "what do you want me to do about it" and i said "remove the charge" right in front of my eyes he removed it on his computer. Took him less than 1 minute no phone calls to head office NOTHING.

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Well, well, well, talk of too little too late...

 

I got letter from Barclays earlier, blah blah blah, disagree with me, etc... BUT (all together now, panto style: OOOOOOHHHHH!) they are offering me £ 150 to go away! (AAAAAHHHHH!!!!)

 

Oh, and the slip of acceptance I'm supposed to sign actually says: "Thank you for your letter detailing your response to my complaint. I accept the sum of £150 in full and final settlement...." Thank you? THANK YOU? They are having a bloody laugh!:mad:

 

Anyway, since I filed with MCOL yesterday, I'm afraid they really royally f*cked up on this one...:D

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Dear Barclays,

 

Thank you for your letter detailing your response to my complaint. You will no doubt find yourselves being served with my response to your letter shortly.

 

Love and kisses (maybe not)

 

Bookworm.

 

 

 

or words to that effect lol

... a little

Mahala is a powerful thing ...

 

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All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

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reminds me of the lovely letter the young ones were writing to their bank mamager in one of their episodes i think they all had a bit of input i cant remember it all but neil wrote "may the seed of your loins grow fruitfull in the belly of your woman" can any1 remember the whole thing?

LLOYDS TSB

DPA: REQUEST SENT: 11-04-06

RECEIVED 28-O4-06

PRELIM LETTER SENT: 04-05-06

RECEIVED SOD OFF:06-05-06

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MCOL done.

Amount claimed: £446.97 inc. interest and fees.

Date filed: 24/05/06

 

'tis done. Now for the looooooooong wait...:D

 

.

 

Thought you didn't have much on Barclays ? :shock:

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

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No, neither did I when I first asked them to refund the £30. But on totting up, I was shocked to find that it came to £ 320.00! + £ 76.97 interest, + £ 50.00 court fee, DA-DAAAA!!!!

 

That's one £30 charge that's coming back to bite them in the butt, that's for sure....

 

.

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My heart bleeds for them !

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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reminds me of the lovely letter the young ones were writing to their bank mamager in one of their episodes i think they all had a bit of input i cant remember it all but neil wrote "may the seed of your loins grow fruitfull in the belly of your woman" can any1 remember the whole thing?

 

(P)Rik "Er Her, and what makes you think your bank manager is a man?"

 

Neil "His beard"

 

 

 

Thats all oi can 'member orf the tap o me hed

"Poison Clan Rocks The World"

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  • 1 month later...

Well, defence received today with AQ to be returned by 26/07.

 

It seems quite obvious in the shoddy way it has been typed out that they have no intention of this ever be seen by a judge. From the " all coming out as ?, and the text that ends up abruptly halfway through a sentence (I kid you not):

7. If and to the extent the Claimant incurred charges on his account, this was caused by the claimant having gone into overdraft without having agreed with the

 

 

If we had written something that bad, we would have Bankfodder yelling at us for not taking the matter seriously.

 

Oh, and there's a new kid in town! Mine is signed by Adrian St John, Solicitor. (although his e-mail address is still KJ's, lol. Cosy.)

 

The defence? Oh, the usual. I agreed to T&Cs, and the charges are not unlawful. Ah, ok then. I will have to remember to get scared at some point then. :rolleyes:

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