Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

Tracy C vs Barclays **WOOOOOOOOONNNNN**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6277 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Thanks Lizzy :D That was just what I needed to hear :D

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

Link to post
Share on other sites

  • Replies 118
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi everyone its Mrs Charlton here (borrowing friends laptop as mine is at laptop hospital LOL).

 

Just to say I have had my hearing date through for Barclays, thankfully its all straight forward and a normal hearing at my local crown court set for 15th December. Court bundles to be sent by 1st dec etc etc.

 

I am still yet to receive AQ from KJ, think I might ring them later and ask them to please send me one as I have requested twice, how can I reply to their defence when they insist on ignoring my requests to see it????/

 

Wish they'd just give up, they know I'm gonna win ;)

Link to post
Share on other sites

  • 2 weeks later...

**bump**

 

Still no AQ from KJ, despite an email and a phonecall. getting VERY annoyed. Its holding me up and I'm going into hospital next week grrrrrrrrrrr.

 

Am I being reasonable requesting this or is it something I shouldn't be doing? Surely as I sent them a copy of mine it would be professional or at least courteous for them to supply the same?

 

*mutter mutter mutter* LOL.

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

Link to post
Share on other sites

I'm a bit confused here... why do we even need to see each others AQ, it's for the court is it not?... So they can place the claim onto the correct track?

 

I can't see how it will delay anything by not seeing theirs, what will we learn from it, we know what there defence is?

 

Good luck.

NO MONEY :-|

Link to post
Share on other sites

It is holding me up only insofar as I would like to know what they wrote on theirs- purely so my witness statement / argument could encompass a point-by-point response to their defence, as I sent them a copy of mine, knowing full well if I didn't they would have requested a copy of it...as I have seen happen a few times.

 

It makes no difference to the case a whole you are quite correct, but it pi$$es me off that it is quite ok for them to be stroppy and demanding when it suits them, but should I make a request not only does it not get actioned, but I am being completely IGNORED. I am getting to the stage where I want to refuse settlement and see them in court room, because they deserve to be dragged through the courts kicking and screaming. But sadly if they offer full amount that won't happen as what judge will allow a case to go forward if full settlement has been offered....

 

I didn't expect it to be easy, I didn't expect it to be fast (although a bit quicker would have been nice LOL), but I did not expect for them to act so completely aloof and be able to submit defence late, ignore requests for copied documents...etc etc.

 

Its highly unprofessional but I have to say it has worked because I am so enraged by it and that is obviously their tactic.

 

What they don't realise is I have a 2 year old and they don't scare me one bit, if I can cope with toddler logic and tantrums then a snotty bank solicitor is a walk in the park....they don't know who they are messing with GRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR.

 

Roll on December.....I might even send them a christmas card with 'ner ner ne ner ner' in when I get my money back. :D

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

Link to post
Share on other sites

  • 3 weeks later...

Right, hi everyone :D I am back after having my baby. She was born on Nov 1st and it was a piece of cake :lol:;)

 

Now down to business, its time to get court bundle sorted. Just printing off a mountain of stuff...then I'll get my highlighter out for section / paragraphs to draw attention to. Getting a bit scared now eeeeeeeeeeeeeeeek.

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

Link to post
Share on other sites

Can anyone advise on the structuring of a witness statement please?

 

I have had a brief description from the court that states points need to be confined to paragraphs, I rang them (courts) and they said it is a chronological account of the 'story so far' (court bloke's actual words LOL) but it would really help me if anyone has any tips for opening and concluding.

 

I don't want to plagiarise or anything but a rough idea would be soooooo helpful, really freaking out as feel completely out of my depth :?

 

I've done a search but nothing is turning up other than lots of folks have been asked for one but nobody is posting what they are or what it is best to include or not include. Got to go and get more printer paper now (gone through a whole pack this morning!) and will get stuck into statement this afternoon, hopefully there will be some handholders available.

Dunno what I'd do without you lot. :D

 

Is it literally a case of:

 

1. Since the opening of account XXXXXXXX in Feb 2004 with the defendant Barclays Bank Plc, the claimant has been made to pay £XXXX in charges and £XXX in interest on said charges (see schedule of charges attached).

2. The claimant disputes these charges reflect the costs incurred by the defendant and requested the money be returned on (date of prelim).

3. The defendant refuted the claim that the charges were unlawful penalties and refused to refund.

 

etc etc etc Obviously I'll word it better this is just a rough go to see if I'm doing it right? Cheers everyone :D

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

Link to post
Share on other sites

Mrs C,

 

The links here:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/

 

are great for setting your mind at ease with the whole process. Remember that the small claims court is designed to be easily accessable to the general public, so you don't need to fill your statements with loads of 'notwithstandings', 'heretofors', latin phrases or any of that. Stick to simple plain english that conveys your message as unambiguously as possible and you won't go far wrong.

 

Vince

"Well, as through this world I've rambled

I've seen lots of funny men.

Some will rob you with a six-gun

And some with a fountain pen."

 

Pretty Boy Floyd, Woody Guthrie 1940

 

"Some things never change", Vince 2006

 

All advice given is based on my reading of others' experiences on this site. I am not a lawyer, nor am I a beagle, a grapefruit or a trampoline. I will not be filed, sorted, classified or parboiled. I am not a number, I am not an animal, I am the walrus (goob goob a joob)

Link to post
Share on other sites

Would it be naughty to put a Consumer Action Group Sticker on the folder with the court bundle in for the defendants...?????? :lol: :lol:

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

Link to post
Share on other sites

Would it be naughty to put a Consumer Action Group Sticker on the folder with the court bundle in for the defendants...?????? :lol: :lol:

 

Wellllllllllllllllll??????? Shall I?????? LOL :lol:

 

Right I have double checked Bookworms brill basic bundle outline and Jonni2bads kickass bundle and picked out what I think I need.

I have copies / printouts of:

 

All letters to and from bank.

All stuff from courts (claim form / aq etc).

All statements.

OFT Report.

HOC EDM.

DPA & Schedules.

UTCCR 1999.

Supply of Goods and Services Act 1982.

Unfair Contract Terms Act 1977.

HOC Treasury Report on Charging.

Sale of Goods Amendment Act.

Kendall Freeman Liquidated Damages.

Daily Mail 'banking or bullying' article.

Peter McNamara interview transcript.

Lordsvale Finance V BoZ

Dunlop V NG & M

Relevant Case Law (sheet from bundle with all case refs on).

 

Obviously it all needs putting into correct order and numbering then I'll do index and cover sheets.

 

What I need to know is do I need to highlight sections in the court and defendant bundles? And is there anything that I have missed that I should include? I am hoping to post on Monday morning. Hearing date isn't til 15th Dec so bundles don't need to be in until 1st Dec but I hope if I get it in early then the money may come earlier too. LOL.

  • Haha 1

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

Link to post
Share on other sites

**bumpetty bump** :)

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

Link to post
Share on other sites

Hey Mrs C

 

Long time away, sorry! Many congratulations on your birth! Glad it all went well.

 

Your bundle looks magnificent! I've got lots to right up on my claim, so do have a look at it sooninsh (when I've got my head together and written ther post) - cos it'll be a good read and bring a smile to your face! The implication is that I wouldn't worry too much about what you highlight, cos I don't think any judge is going to need to read the results of you're efforts... more on my thread shortly...

Link to post
Share on other sites

hi i need HELP ............ AM IN FULL BLOWN PANIC MODE. 1st don't have a clue how to "post a thread" or where to post it. I've trawled this site to get to where i am with my claim and think it;s fantastic that eveyone helps one another, i've tried to post a thread but just don't "get it" SORRY - 2nd I've received a questionnaire from the court and don't have a clue. On the verge of tears, can anyone help me.

Link to post
Share on other sites

hi i need HELP ............ AM IN FULL BLOWN PANIC MODE. 1st don't have a clue how to "post a thread" or where to post it. I've trawled this site to get to where i am with my claim and think it;s fantastic that eveyone helps one another, i've tried to post a thread but just don't "get it" SORRY - 2nd I've received a questionnaire from the court and don't have a clue. On the verge of tears, can anyone help me.

 

Start your own thread. Go to Barclays forum here:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/

 

Top left click on 'New Thread' and post your progress and questions there.

 

AQ guide here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

Link to post
Share on other sites

Bundle and statement handed in to lovely lady in court office, and defendants posted Recorded Delivery this afternoon. :D Getting REALLLY excited now :lol:

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

Link to post
Share on other sites

Nope. I think they don't like me. :(:lol:

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

Link to post
Share on other sites

YES!!!!!

Had phonecall today from an Alex Martin (anyone heard of him?) at Barclays Lit Dept...offering to settle in full just calling to confirm amount as of todays date and offer is in the post. Just got to sign it and send it back and money will go into account a.s.a.p.

Soon as cash is in account donation is on its way, this site has really helped so much the past few months, I am now slowly getting out of a quagmire of debt simply by reclaiming whats mine and paying off what I owe. It has lifted so much weight off my shoulders I cannot thank everyone enough.

Can you feel the love? LOL

I am tickled pink...hence the text colour.... :lol:

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

Link to post
Share on other sites

Excellent News. Will arrange for a *** WON *** to be added to your thread name.

 

Mind you, having a phone call over three weeks before the Court date? That's a top result!

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

 

Welshman

Link to post
Share on other sites

Congratulations !!!

Please take time to fill out the survey both this and the donations links are at the top of the page.

 

Welshman......Nothing gives me greater satisfaction than adding the Magic word to a Barclays winner........apart from a Citi winner of course :D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...