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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.  

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      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.

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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.

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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Barclays:Business/Personal Bank Charges (POCs)


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Hi Hattie,

 

How come your name's changed ?

 

I suggest you write to your local court now, reiterating the points set out in post #18 of the last page of your thread, and see if you can persuade your local judge that your business claim should NOT be Stayed.

 

Good luck - Happy and Prosperous New Year to you.:)

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Hi

Sorry for the confusion re name change. I had forgotten my password and I must have made a slip up with my username when I set a new one up!

 

I will send the same letter details re post #18 to the local judge and wait and see what happens.

Thank you. Happy New Year

Hattie

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  • 1 month later...

Hi Hattie,

 

Saw this post and wondered how you're doing with getting your case moving - http://www.consumeractiongroup.co.uk/forum/general/130570-fos-resumes-business-claims.html#post1372643

 

Give us an update.

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Hi

 

I sent all the replys that you suggested and it did look promising about Christmas time. However, a got a letter from the Court probably 3/4 days ago confirming that the case has been Stayed. I also got a letter from Barclays offering me a miserly £200 of which I am obviously not accepting.

 

Are there any dates planned in the near future when they will reviewing the situation re Stayed cases?

 

Thank you.

Hattie

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Thanks Hattie,

 

I'm waiting to hear how Pov got on with her court (same situation), then we'll put our heads together and come up with a cunning plan !!

 

I'll be back !! :cool:

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Thanks Hattie - I'm on the case. :cool:

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Hi Hattie,

 

Change of tactics, as the courts don't seem to have the guts to play fair.

 

Send this to Barclays by Rec'd Del'y and see what happens.

 

Barclays Legal and Compliance

Litigation and Disputes

Level 29

One Churchill Place

London

E14 5HP Date

 

Dear Sir or Madam,

 

Claim No xxxxxxxx

Xxxxxx County Court

 

My claim against Barclays Bank PLC is for the repayment of unlawful penalty charges levied against my business account.

 

My case is currently Stayed by the Court and I am in the process of having the Stay lifted on the basis of the FSA Report (Two month review of unauthorised overdraft charges complaints handling waiver) published in November 2007.

 

I quote s.17 of the report :-

 

“17. The waiver does not include small business current accounts, because its scope is aligned with that of the OFT’s wider investigation which relates to personal current accounts. Firms have agreed to put arrangements in place to ensure that small business customers, including those who thought they were covered by the waiver, are not disadvantaged.

 

It is clear from the FSA Report that my claim should not be affected by the blanket Stays applied by the Courts to personal current accounts.

 

The purpose of this letter is to request that you confirm to the Court your agreement to the lifting of the Stay so this case may proceed without further delay, in accordance with the undertaking given by Barclays Bank PLC to the FSA.

 

Please confirm within 14 days that you agree to my request. If your agreement is not forthcoming, representations will be made by me and other claimants to the FSA without further notice.

 

Yours faithfully,

 

…………………

Hattie

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Hi Hattie,

 

I think you saw my above ltr later on in the morning I posted it.

 

If you've not already sent it to Barclays, please note I've removed the second sub-paragraph quoted from the OFT Review.

 

If it's gone already, no probs.:cool:

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Hi

 

I'm just working on the letter to send off and when I have looked at the OFT Review I presume you mean add the following:- covered by the waiver (note4).........

 

(4) Firms have agreed, in particular, that when handling complaints about unauthorised overdraft charges from small

business customers, the complainant will be given the option to accept an offer in full and final settlement, or for

their complaint to be deferred and considered following the determination of the test case. This is because of the

possibility that the test case might inform the approach to be taken in dealing with complaints from small business

customers about these charges. In this situation firms will not seek to rely on any time bars affecting the complaint,

or the customer's ability to complain to FOS.

 

Just wanted to get it right!

Thank you

Hattie

 

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Hattie,

 

I amended the letter which I first posted at #34 above and REMOVED the sub-para. Please send the letter as currently set out in post #34.

 

Sorry if I've confused the issue.:cool:

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  • 3 weeks later...

Hi Hattie,

 

No word yet from Barclays ?

 

You need to read here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/80397-martin3030-barclays-business-round.html#post1418471

 

Martin's d/w Barclays (business) too.

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  • 2 weeks later...

Hi Hattie,

 

I see you've not looked in since 21st Feb and hope you're OK.

 

Please give us an update :)

We could do with some help from you

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  • 3 weeks later...

Hi Hattie and glad you're back.

 

Did you have a look at the link I gave in post #40.

 

Can you write to Barclays saying:-

 

" I have received no reply to my ltr of xxth Feb, a copy of which is enclosed.

 

Unless I hear from you within 14 days confirming that you will agree to the lifting of the Stay, Formal Complaints will be made to the FSA and the OFT without further notice.

 

Yours faithfully, Hattie "

 

Let us know in 2 weeks if they've had the courtesy to reply.

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  • 2 weeks later...

Hattie,

 

You need to read here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html

 

Sorry, but the ruling today appears to make business claims untenable.

 

Work will be done on this and we'll keep you posted.

We could do with some help from you

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  • 1 month later...

Hi Hattie,

 

Thank you too for fighting all the way as you have done.

 

We'll keep you updated if anything changes. :cool:

We could do with some help from you

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

 

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