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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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Thunderpuss2K's missus v Barclays


thunderpuss2k
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DPA request sent 2/6/06

Copy statements arrived 30/6/06 - plus refund of DPA fee!

Prelim sent 30/6/06 for £1,060.00

 

Will update as and when things happen..

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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  • 2 weeks later...

Prelim delivered 3rd July 2006.

 

Standard letter received this morning, promising to give an answer or update 'as quickly as possible, but no later than 31 July 2006' - with one of those nice 'don't hold back your feedback - What to do if you want to complain' leaflets.

 

Going to sit back and wait for either another letter, or the 14 days to expire (this Monday), whichever is sooner. Then LBA time.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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Sounds good, keep up the good work

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Sounds good, keep up the good work

 

Thanks, will update this thread as soon as something worthwhile happens :)

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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No response since the aforementioned 'we've received your complaint' letter. LBA went today to an 'Andrew Walton' At Barclays Retail Banking Customer Relations, Leicester - as he wrote the 'complaint is being investigated' letter.

 

Time is ticking.. if nothing in 14 days then Moneyclaim is next.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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  • 2 weeks later...

Got a letter this morning from Karl Voller, Senior Case Manager. I'm not going to transcribe it word for word as it's rather long, but the basics are we disagree with your view about charges, you agreed to the terms and conditions, but despite our above comments, and without any admissions as to the basis of your complaint, we're willing to offer you £495 as a gesture of goodwill (refund due is £1060)

 

LBA is 8 days away from expiring, so what I thought was I'd sent a note back to Karl Voller to say that'll do nicely as a part payment, but I still want the rest.. you've got til 8 days time to provide the whole lot in cleared funds otherwise court action will follow.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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Seems the right thing to do

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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Here's what I wrote.. after posting my last message I noticed that the acceptance form he wanted signed and returned said 'in full and final settlement'. Cheeky sods.

 

I refer to your letter of 25 July 2006.

 

As previously stated in my letters of 28 June 2006 and 17 July 2006, the amount I am requesting to be refunded is £1,060.00. Your offer in full and final settlement of £495 is not acceptable.

 

As per my letter of 17 July 2006, failure to repay £1,060.00 by Tuesday 1 August 2006 will result in a County Court claim being issued without further notice for the full amount plus interests plus costs.

 

I look forward to your response shortly.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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  • 2 weeks later...

Never got a response to that letter, so pushing forward with Moneyclaim this afternoon.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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Slightly later than shown in some listing magazines, but.. :)

 

Claim for £1060 plus £98.53 interest and daily rate of 23p made this evening. Total (including court fee of £120) £1278.53

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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  • 2 weeks later...

Acknowledged on Monday, got a copy of the AOS from Moneyclaim today. Two familiar names have cropped up.. Keith Jeremiah as contact, with James MacDonald, Pupil barrister as defending.

 

Seems James is a busy lad of late.. hope they're paying him over the minimum Bar Council levels (see Pupillage - Wikipedia, the free encyclopedia)

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Wondered if this is a Bank account with Barclays or a credit card. I would like to take on Barclays over my 3 x credit card accounts but am concerned that they will call up debts and demand repayment. That would be a bit difficult to explain to haubby as he doesn't know I have them!!!

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  • 2 weeks later...

Sorry for the delayed response, it's a bank account.

 

Nothing from Barclays yet..

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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  • 2 weeks later...

Deadline for defence to be filed came and went, so as soon as Moneyclaim let me put in a request for default judgement I did so. It then sat there waiting to be looked at.. meanwhile Barclays filed a defence - dated and timed at 4.45pm on the day the defence had to be in - and the court then went on to reject my request for default judgement.

 

What fun. It's been transferred to my local court now, AQ has been filed so just a case of waiting now.

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Well yeah exactly. The fact its signed and dated *after* the court officially closed anyway.. numptys.

 

I won't bore you with their **** poor defence as it's the usual standard one.

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Do they have 28 WORKING days to submit a defence or 28 days in total??

 

How do you work out the interest up to the date of judgement?

 

Is it 8% or 0.31p daily rate???? Ive just been going through my particulars of claim and I dont understand the amount I should claim for in the case of a judgement by default.

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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The 8% works (as I understand it) like this:

 

Once your complaint gets to the court claim stage, you add interest to each charge imposed on your account at the rate of 8% per annum. This is worked out as; the amount of the charge, multiplied by the number of days between the charge being applied and your claim date, multiplied by 0.00022 (the daily equivalent of 8% per annum). There is a spread sheet in the site library that works this out for you.

 

Add all that up, and it gives you the total amount of interest as at the date you put your claim into the court system.

 

Finally, take the total before interest, and multiply the total by 0.00022. That gives you a small amount (22 pence for each £1,000), which is the "daily rate", the amount by which your grand total settlement figure increases each day from the claim date onwards.

 

Hope that helps.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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  • 5 months later...

Interesting times. Hearing is 5th March (week today), and Barclays have not been in contact, nor have they served any documents to either us or the court that they intend to rely on in the hearing. The deadline was 14 days before the trial, so it's too late now.

 

Got two options: 1 - give them a nudge and suggest they settle, or 2 - turn up to the hearing. Only problem with option 2 is that I would prefer to be the claimants representative, but it's a little too late to file that request.

 

Suggestions?

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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