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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 
      • 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
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Barclaycard reclaiming **SETTLED out of court**


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Their defence is a standard defence, mine said exactly the same. Im still awaiting my court date but yours has come through fairly close by, where as some are quite far away. Im curious to how soon they cough up, if they request you to sign a confidentual agreement you are not ablidged to.

Abbey Claim

27/03/06 Served Claim, acknowledged 05/04/06, 24/04/06 Defence entered & 50% offer. 25/04/06 accepted 100% ofer via email.

 

Alliance & Leicester

LBA sent 27/06/06, Claim Started 25/07/06, 14/08/06 Charges refunded!

 

Barclaycard: DPA 21/04/06. Prelim 12/05/06, LBA 26/05/06, Claim issued on 27th June. Acknowledged 03/7/06, 20/10/06 Court Date Set: 8th December

 

Barclays: DPA 21/04/06, statements arrived 02/05/06, prelim 06/05/06, 21/05, LBA, Barclays offered 50% 1 day after LBA deadline. Refused and claim started 5/6/06. Acknowledged 9/6/06, defence entered 07/07/06, allocation questionnaire sent off. Court Date October 25th, case settled 24/10/06

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this is the reply being posted off this morning-thought I'd keep it to the point!!

 

 

PO BOX 599

MANCHESTER

M60 3NF

31 AUGUST 2006

Dear Ms Jones

 

ACCOUNT NUMBER 4xxxxxxxxxxxx

Response to settlement offer.

 

 

Thank you for your letter dated 26/08/2006.

I respectfully decline your offer of settlement.The OFT at no time recommended £12 to be acceptable-they stated that this was the point where they themselves would become involved.If a charge does not reflect a true estimate of costs,it is a penalty charge and as such,unlawful.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with the County Court claim.

 

I trust this clarifies my position.

 

 

Yours faithfully

Mrs LTWF

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Hi Mrs LTWF, here's a link to my thread regarding Barclaycards offer. What do you think?

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/26073-mrgreengenes-barclaycard.html

 

 

Don't let the fatherless chillen get ya!:-D

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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  • 2 weeks later...

Hi

 

I am unashamed in my plagarism of your reply to their £12 offer...it is going to them today recorded delivery.

 

My court claim gets filed tomorrow, of which I shall be reminding them in the letter but I just wanted to say thanks for the letter copy!

 

Let me know how its going

 

Ryjayel

o---------------------------------------------------

Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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I was right!!

 

Keith Jeremiah rang the good lady about 20 mins ago,and she let me do the takling.He had got hold of all the info on her account,and the grand total of charges incurred right back to 2002 amounted to £280....and we had filed for £950 (EEEK!!)

 

But here's the thing-he wanted to reach an agreement on the phone,and offered us the £280,but I held my nerve and said that we had gone for the £950 because of the hopelessly inadequate infamous printout that had been sent to us,and that we had totted up anything that looked like a charge and claimed for it.I didn't feel £280 was realistic.....

 

I sensed a deal was on the table when he asked us what it would take to conclude the matter.I said "split the difference between the £280 and the £950,and we'll call it quits".So he says "how about £550?",to which I replied "I think that will do it".

 

Getting written details via email confirming that £550 is credited to my wife's account,and then we can draw this to a close.

 

Settled for £270 more than we were entitled to simply because Barclaycard don't want to go to court YEE HAAAAAA!!!

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That is fantastic!!! Im just about to start a claim against Barclaycard myself. At the moment I am claiming against HSBC for charges dating back to when I was a student and i found out that my 'inrest free overdraft' was anything but so I am claiming that back too(I was sold the account on the belief that the overdraft was 0% interest for 6 years, IT WASNT!!). Having successfuly taken on NatWest and won I am feeling very confident about all of this, again a ig thanks to this site and well done lickthewallfatboy on taking on Barclaycad and winning :-)

NatWest Credit Card - All charges refunded (£350.41) after first request sent :D

HSBC - 1st Approach Letter sent (£62.41) 12/09/2006. LBA sent recorded delivery 26/09/2006.

6/10/2006 - We believe that if this went to court etc we would win letter, but we are refunding you the charges made, we accept no liability - LOL I think by refundng me you accept that you are wrong!! I win :D

Capital One - 1st Approach Letter sent (£40) 20/09/2006. 29/09/2006 Full refund offered, letter dated 25/09/2006.

Barclaycard - £235 charges - Pending Action. WON!!

Halifax - Prepairing letters for £125 in charges on closed account. WON!!

Natwest Creditcard again

£12 late payment charge 13/11/2006 - LBA sent 17/11/2006. WON!!

Fight the power, you owe the banks nothing and they owe you everything!!

Now it's 3-0 to me :D

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Congratulations!!

 

Please complete our survey.

 

And a donation would be greatly appreciated :-)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Settled for £270 more than we were entitled to simply because Barclaycard don't want to go to court YEE HAAAAAA!!!

 

Congrats to you, it's brilliant, but, to be honest, it makes me hate the b*****s even more! :mad:

-Warms (Alexandra)-

---------------------------------------------

Whatever I post is just my opinion, no more, no less!:!:

.....................................................................

NatWest=>settled in full, no strings!:D

NatWest creditcard=>settled in full, no strings!:D

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Seriously, you jammy sod! Well done my friend, well deserved!

 

Ryjayel

 

:) :) :) :) :):D

o---------------------------------------------------

Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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Well done!! Just shows you how much they want to avoid court, doesn't it...

 

Who's next on your 'hit list'?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Excellent! Tuesday is a busy day for Court.. My Abbey and Barclaycard bunch are due then too!

 

Barclaycard have until 27th September to say if they intend to defend. I haven't heard a thing from them. Is that what happened with you and RBS - therefore you win by default, or was it more complex than that?

 

Pretty addictive, this, isn't it!? I don't know what I'll do when they've all paid up!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Well done, just got my partner's info for Barclaycard, just have to decide whether to pursue the DPA issue or press on with the estimated claim.

 

Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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Help!!!

 

I am a total newcomer but have been avidly reading all the posts re barclaycard.

 

I have sent a subject accesss request and got the usual micro argument back I then sent template of alan from Derbys letter quoting the smith vs Loyds bank case and barclaycard basically wrote back saying that case actually supports Barclaycard positiuon so why you quoting it!!!!!

 

Clearly do not want to make another mistake and do not want to pay the £3 charges for missing statements so want to sent in an estimated claim (around £880) , what letter should I send?

 

I got my last letter from BC on 21st July and have basically sat on it - please help as i want my money back!!!!!!!!

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Hi Anita Kane, first of all it would be better to start your own thread. It is more likely to be seen by everyone, especially the moderators. The only people who will see this thread is those who have subscribed to it.

 

Personally, I would wait for the statements to arrive but if you are happy to claim an estimated amount then go ahead. Go to the Bank Templates section and send the initial claim letter, after 14 days send the letter before action (LBA). On the actual claim itself, you should detail each and every charge and calculate the 8% interest. This is why you need the statements.

 

It sounds daunting but this forum is jam-packed with people who have already done this. We will be with you every step of the way.

 

 

Don't let the fatherless chillen get ya!:D

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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