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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
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    • 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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mummybird V Barclays


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Hi,

 

I having been looking at the forum for some time now,but didn't realise I should start my own thread. So here goes.................

 

I have two claims in the offing one for daughter and one for my daughter law, both basic account customers.

 

Despite all my research on this site,including practically all day for the last two days! I cannot get to grips with interest charges.

 

I must be thick as a brick. Am I correct in thinking that I cannot re-claim interest charged by the bank? Can I claim for overdraft fees and account fees?

I have a date set for Aug.14th at Cardiff, but I understand that I can resubmit my claim with a FormN244, but I'd like to make sure I've got everything right this time.I've got all the forms printed down ready.

Please, please help

 

:? :? Thanks from everybodiesmum

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You can not claim for overdraft fees or account fees if you agreed to these when account was opened. Basically you recieve a service for the fee you pay. As they are basic accounts i assume you are paying a fee to operate an overdraft. This was the case with my account before upgrading to additions.

 

You can claim back unauthorized overdraft fees ( called paid refferal fee by barclays) and the unpaid item fee. In addition you can claim back the portion of the interest charged relating to the fees (the advanced bank fee calculator in the template library will work it out for you). On top of the you claim the statutory 8% p.a through the court.

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:confused: Thanks Trucker for your help, I now see that my daughter has an additions account, so does this change things?

 

Charges on her account are shown as follows:

1. Overdraft fee

2.Paid referrals

3.Account fee

4 Unpaids

She can't remember when she changed to additions probably 5 yrs ago.

Account fee was £5.00 in 2000, £6.00 in 2001/2, then £7.50 which changed to £9.50 in 2004 and £10.00 in 2006. This monthly charge is not re-claimable I should imagine, but I'm still wondering about the overdraft fee.

So confusing.Can you please,please help again?

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  • 2 months later...

Hi EBMum

 

I saw your post on Sarah A's thread as follows:-

 

"Hi Juicyd

Olden suggested I come here and ask you f or advice.

I started my claim in January. It was transformed from Northampton to Carmarthen to Cardiff.

On 8th.June I submitted an N244 to amend my particulars of claim.

Eventually after many phone calls to the courts (they said the Judge was on leave)I saw Judge Hendicott on the 9th. August. Following this....

 

I received an N24 General Form of Judgement or Order

1. Leave to Claimant to amend POC etc.

2. The Defendants shall file and serve an amended Defence within 14 days of re-service.

3. The hearing on 14th. Aug 2007 is vacated.

Dated 09 August 2007

 

Its now the 28th, Aug. Should I have recieved a Notice of Issue from the courts? Otherwise how can I count of the 14 days that Barclays has to file their defence.

Omigod its getting complicated.

Any advice would be much appreciated."

 

I wanted to ask if you sent in a revised POC as the Judge gave you leave to do this (which I understand is basically telling you your original POC's were inadequate as you'd filed on MCOL).

 

Also, if you file on your own thread, peeps can keep track of your case far more easily.

 

Slick

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Its me again - excited - just phoned Cardiif to see if Barclays have filed a defence and they haven't so according to my calcs. they are in default -

so I may been in with a chance. Only thing is I have to research what to do next. Its seems ages since I've read what to do.

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EBM,

 

Just stick to Saintly's advice.

 

Hopefully, Cardiff will have a bit of spare time now to d/w your Judgement Request.

 

See what the Judge says first, then you'll know what to do with Barclays.

 

Slick

We could do with some help from you

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hi, can only say what i did,filed for judgement on n225 form.

took in and filed on tuesday.

had advice on thread that judge has given his orders on directions and that the clerks at court house follow his orders and that they stamp the judgement paper.

rang up later tuesday about queery on form,it had already been done ready for posting wednesday.bit sceptical.

rang thursday,said it had been posted to me and bs.1st class but wrong it was second class because i rang again about another question and asked again.

friday,no letter but was working close to court,rang them,they said a copy would be waiting,it was.start to finish 4 days,but i did impress on them that court day was looming.

good luck.tez.

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  • 2 weeks later...

Just an update following my filing of N225 (req. for Judgement)

Spoke to a very nice girl in the cash dept. She said it would be posted to Barclays today and a copy for me. I asked her advice on the follow up and she said if Barclays had replied within a few days, after I'd received my copy, to telephone the Enforcement Office at Cardiff. C.C. and they would advice me of my options. Is this light at the end of the long long dark tunnel?

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Just an update following my filing of N225 (req. for Judgement)

Spoke to a very nice girl in the cash dept. She said it would be posted to Barclays today and a copy for me. I asked her advice on the follow up and she said if Barclays had replied within a few days, after I'd received my copy,

 

Have you received N24 General Form Of Judgement or Order ?

OR

N30 Judgement for claimant.

 

Although i agree with the " nice girl " bit, they can be very suprisingly detatched from actual court proceedures in my experience.

As excited as i am for you, after coming this far, please dont give your hand away by rushing things.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Hello

I am not hi-jacking everybodiesmum. I was everybodies mum, but have been unable to log on for about four days, despite requesting new password - total failure so in desperation I registered under a new name, so if anybody wants to look at my mummybird thread I shall be able to tell you news from Cardiff.

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Hi Smutley and all the Cardiff gang from Mummybird (formerly everybodiesmum)

Just a quick update - save you looking back to my old thread.

Filed an amendment to my POC 8th. June.

Saw judge on 10th Aug. who gave me leave to amend my POC

No defence from Barclays

Filed Request for judgement on 5th Sept.

and Yippee Yippee do - got Judgement for the Claimant on the 10th.Sept.

(£3164.17)

So am I there?

Should I get in touch with Barclays

or should I speak to the Enforcement Office at Cardiff?

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Hi mummybird, looks like you have got a result, CONGRATULATIONS!!! Im not sure of the next step (as not got that far yet :( )... but think you sit back now and wait and if funds do not appear you send in the balifs... but I will leave that advice to someone more qualified than me.... so MOD please advise here...

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Although I've not received my letter yet refusing my application to have stay lifted, I assume it will be with me soon. Although I did have my application to update my POC/SOC granted last week, the order then said case stayed, so assume I cant go the same successful route as you did. But what to do now, I am at a loss, is it worth appealing again? or sit and wait? Feel drained and depressed by the whole process. We need some advice now from someone more knowledgeable.. so please if you are reading this, please give us your advice!!!

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and Yippee Yippee do - got Judgement for the Claimant on the 10th.Sept.

(£3164.17)

So am I there?

Should I get in touch with Barclays

or should I speak to the Enforcement Office at Cardiff?

 

http://www.consumeractiongroup.co.uk/forum/bailiffs/99563-got-judgment-how-get.html

http://www.consumeractiongroup.co.uk/forum/general/66182-how-enforce-judgement.html

 

Hi. You are nearly there.

Some would say phone Bs and ask for settlement, and i cant argue with that, but personally, i would do nothing for 21 days.

Bs normally pay out in the end, however Natwest are applying to have judgements set aside.

You need to understand that Bs can also apply to have a judgement set aside at any stage.

Even after you have sent the bailiffs in.

So the least amount of time that you give them, the less prepared they will be.

My advice is sit tight and let the system inform them, not you.

They WILL be in touch with you, and hopefully with a full offer.

Its not a good idea to show your hand at this stage.

I had 3 judgements entered in my favour. Done nothing except wait. Got paid on all of them.

Good luck.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Mummybird (nee EBM),

 

Firstly, CONGRATULATIONS and well done with your result. Great news.

 

Re your query at post #3, that case is stayed until the OFT debacle is over, however long that is.

 

Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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