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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.

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      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.
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      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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Sparkler V Barclays


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Hi,

 

The advanced spreadsheet aims to divide the interest between what was applied to charges and what was applied to actual overdraft. This means you can claim the portion of interest that relates to your charges.

 

The statutory 8% interest and the contractual interest that you can claim ontop of the above are extra, and it's either statutory or contractual.

 

Never state before claiming in court, the statutory interest. You can request all other interest claimable from your very first letter.

 

Hope that helps.

Vamp.

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:idea: :idea: :idea: So how do i find out what the % rate was for the interest charged to my account overdraft? i understand about the 8% thing and that can only be claimed later but i am about to send the first letter request out. thanks deano.

Hi,

 

The advanced spreadsheet aims to divide the interest between what was applied to charges and what was applied to actual overdraft. This means you can claim the portion of interest that relates to your charges.

 

The statutory 8% interest and the contractual interest that you can claim ontop of the above are extra, and it's either statutory or contractual.

 

Never state before claiming in court, the statutory interest. You can request all other interest claimable from your very first letter.

 

Hope that helps.

Vamp.

NO MONEY :-|

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Hi Vampiress,

I'm confused. when I sent off my schedule of charges I included the 'interest' figures that were on the statements that were debited from my account; regardless of whether it was overdraft or charge, as I see it as an unlawful fee and part of the above. Was that correct?

Barclays Bank

13/9/06 - ACCEPTED HALF ON BOTH A/Cs

HSBC

21/10/06 - SETTLED IN FULL

Preferred Mortgages

11/8/06 - prelim let sent - redemption fee

12/07 - case dropped

Halifax B/S

2/07 settled in full

Halifax visa card

MCOL due

Citicards & Hillesden

2/07 Data Protection Act & CCA let sent

3/07 Prelim let sent

4/07 LBA sent

Barclaycard

04/07 offer received for 1/3 - refused

Argos Card services

Half offered - refused

PPI Claims:

8/12 MBNA Loan settled in full

7/12 Barclayloan settled in full

9/12 Liverpool Victoria settled in full

7/12 Barclaycard claim rejected

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:) Hi Peeps,

 

OK i will try and keep this short and sweet. I don;t understand the interest. When people refer to claiming back the interest is it the interest on the money that Barclays have bene holding?. Vampiress (think thats her name) mentioned something about contractual interest aswell?, what is this what is the difference?, what do most people claim for?, i really want to send my letter to claim back my cash but i can't until i understand this part

 

Please help - PLEEEEEEEEEEEEEEEEASE

 

Thanks so much

 

The not so bright Sparkler :(

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Hi Sparkler, You can only claim the interest back when you fill in your Court Action form. This is 8% from the date each charge was taken. There is a form that will work it out for you when you get to that stage that is easy to fill in. But until you get to the court stage you do not need to worry about interest just what they owe you .

Isherwood v Barclays £1155

1st letter sent 3/6/2006

Offer of £465 rejected 1/7/2006

LBA sent 10/07/2006

bogoff REPLY SENT 12/07/2006

MCOL COURT ACTION 17/7/2006

ACKNOWLEDGED 28/7/2006

DEFENCE ISSUED 17/8/2006

Defence and AQ received 23/8/2006

AQ delivered by hand to the County Court 24/8/2006

Court Date received on 26th Sept for 18th January

Documents Sent to Barclays and Courts 12th Oct

2ND JAN SETTLED IN FULL

 

MBNA request for £67 refund sent 17/7/2006

Halifax - Your next :eek:

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The 8% is what you are allowed under section 69 of the county courts act.

The contractual rate is the rate that they charge you for an overdraft some people are saying that if the contract allows the bank to do this then the situation can be reversed I only claimed the 8% just to be sure, but it is personal choice

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There is a difference between reclaiming the interest that the bank has taken from you, and claiming the interest that your money would have earned if the bank had not levied it from your account.

 

The former can be totalled from your statements, and usually appears as an interest charge in much the same way as a penalty charge. There are differing ideas about how much of this you reclaim: the bank is entitled to charge interest on money you have borrowed, but not on the charges that should not have been applied. In working out how much to reclaim you need to use common sense, and if you want a more accurate figure you can use the advanced spreadsheet.

 

As for the interest that your money would have earned, this is a straightforward calculation based on the amount of each penalty charge, the time since the charge was applied and the %age you wish to use. As has been explained, you are entitled to 8% under s.69 of the County Courts Act, or you can try for the contractual rate that the bank currently uses.

 

When making your initial request for a refund you should ONLY include the interest that the bank has taken from you - the s.69 8% is NOT included until you raise your claim. However, if you decide to claim the contractual rate, then this IS included in your initial request, and you will NOT be able to claim the 8% when raising your claim.

 

In a nutshell:

Claim all the interest they have taken

Claim for the contractual rate

If you are not claiming the contractual rate, then ONLY apply the 8% when you raise your claim.

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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  • 2 weeks later...

im about to send my preliminary approach letter off to the offending bank but thought there used to be a sticky at the top of this page with the addresses on?. wheres it gone?, am i losing it?...

 

please help a lost one ...

 

thanks lots

 

:(

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Hi Sparkler.

 

Sent my prelim to the following address as instructed by Barclays.

 

Got a 50% offer today so it must be a good address.

 

Barclays Bank PLC

Leicester

LE87 2BB

 

Go for it.

Argyle.

Story So Far:

Pre letter sent 14th August.

Barclays Reply 18th August.

Barclays Reply 5th Sept.

Lba sent 30th August.

Rejection letter sent 9th Sept.

Barclays reply 13th Sept.

Mcol submitted 15/09/2006.

AQ received 21/10/2006.

AQ returned 23 /10/2006.

Court Date:25/01/07 10.30am

Phoned Barclays 08/01/07 Said they would contact me shortly.

15/01/07 Received letter offering a full settlement however figure was short.

22/01/07 Received telephone call from Barclays asking for a settlement figure.

CLAIM SETTLED IN FULL!!!!!!!!!

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  • 2 weeks later...

Hello there...

 

I sent my prelim letter on 6th september giving barclays 14 days to comply so they had until 21st give or take a couple of days but i have recieved a letter from them this morning with the usual "we're sorry you're unhappy blah blah blah" nice little leaflet in there and said we will get back to you soon, but no later than 5th october....

 

 

WTF?

 

this has really annoyed me, i have given them 14 days not 30. what do i do now?....im ready for action!!!

 

please help me nail their butts!

 

:confused:

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Hi there,

 

I sent off the prelim letter to barclays on the 6th september with my schedule of charges attached. Im about to send the LBA (wednesday) but i have just discovered that since sending the prelim i have been charded a further £100.

 

hmmm how do i do this?, do i just add this on to my schedule of charges when i resend them with the LBA?, or do i have to leave it now?...i want it back obviously but dont wanna mess up my claim

 

thanks very much, im pretty stuck with what to do

 

:confused:

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  • 3 weeks later...

Hi there just a quick update and also in need of some rough guidance...

 

I have sent both the prelim letter and the LBA and today i've been offered a third of what im claiming for - are they having a f'king laugh?...i think they are, im coming to get you barclays poxy bank.

 

One problem though since sending off my schedule of charges we have since been charged a further £65 (i know i know we tried to not go over drawn but we messed up ) is there any way i can add this on to my claim?...

 

i know my next step is to fill out the court form on the money claim website but i have already added an extra charge when i sent my LBA. will i risk screwing things up if i add a further charge?...

 

god i hope this makes sense...

 

cheers everyone

jane

:-)

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Just add the extra £65 to your claim when you issue proceedings with Moneyclaim. Good luck

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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Hi Sparkler

 

Seems I'm up to the same stage as you (although I went through all mine with a nice yellow highlighter)

I am going to crack on with the spreadsheet today.

Which address are you sending your letter to?

 

Thanks

Lippy

 

Same here.

 

Need the address:rolleyes:

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Freepost RLTA-CSUE-TCHC

Barclays Bank plc

Head office Customer Relations

1 Churchill Place

London

E14 5HP

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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