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    • 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
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Hindley V Barclays What next **WON**


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Hi, all. I started my action against Barclays approx 4 weeks ago to reclaim £1155 in illegal charges. I had the standard letter from Rose Frimet, Senior Case Manager offering me £465 which I have refused. I was just wondering what can I expect in the next response from Barclays?

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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You do not say anything about the background to your claim. Did you start with the DPA SAR letter? It is important to get the stages right. You are not likely to get another offer as Barclays only usually make the first offer of up to 50% then leave it until you file with the courts.

 

If you have already done the DPA and prelim letter I would send the LBA now and give them 14 days to consider their position, then continue to the court claim stage. Don't be scacred of filing with the court as, so far, no bank has appeared in court over the charges issue and if they do start doing so then you have a great team here behind you for support.

  • Confused 1

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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THanks for your reply. To give you some background I started by requesting 6 years Bank Statements, I then sent them the 1st letter from here listing the dates and amounts charged, and after receiving the offer I sent them the 2nd letter which I adapted to suit my claim. Do you think I should still do the SAR letter as well? or just wait to see what happens.

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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Personally I would seeing as in the long run it won't cost you anything (you add the £10 fee to the claim) and it may give you more ammunition if they either fail to send it (means they can't use it in court) or any comments made refer to penalty charges.

 

Sorry about the patronising post but a lot of people are getting things in the wrong order and I was just checking that you hadn't.

 

Good luck

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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Received a letter this morning saying "we're sorry you are not going to accept our offer" yada yada yada!!.it looks like I will be filing my claim with the county court on Monday.. here we go!!!

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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Oh you're in Warrington to .We could be court buddies :)

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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Just wondering has anyone actually tried for an additional award for distress and inconvenience? and won,,,

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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I replied to Chindley via PM but will also post it here for any others

 

I don't think anyone has tried to be honest. It would be very hard to prove and even harder to quantify. You would have to show how much it altered your life and what it cost you. I personally wouldn't risk a claim by trying as the whole claim could be struck out.

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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Court action initiated for £1397.36

look out Barclays here I come

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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Just aquick question. I have filed my claim with MCOL. At what point do I have to send the court and the bank the details of my case e.g. Full list of money taken with dates ( although the Bank has already had these).

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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:D

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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:razz: My claim has been acknowledged on 28/7/2006 I was kind of hoping they had mislaid it, oh hum, never mind. Do they have 28 days from the date it was deemed served to file the defence?

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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Received my Acknowledgment through yesterday K.J is defending in full.... HOW RUDE!!!:p

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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  • 2 weeks later...
:rolleyes: Just checked my MCOL and Barclays have sent in their Defence:o

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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MY Defence has come together with my AQ form, I'm not sure if its the standard Defence or not, I cant see anywhere that says"The Particulars of Claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. Notwithstanding the claimant?s failure to correctly identify and particularise an account held with the Defendant,"

Mine says

"It is admitted the Claimant has an account number******* sortcode** ** ** To the extent it is alleged that the claimant incurred bank charges on her account for unauthorised borrowing (whether "paid referral" or any other such fees) it is admitted that such charges were debited from the Claimants account: however , the Defendant puts the claimant to strict proof of each charge and the date thereof.

Is this the same but worded differently?

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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MY Defence has come together with my AQ form, I'm not sure if its the standard Defence or not, I cant see anywhere that says"The Particulars of Claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. Notwithstanding the claimant?s failure to correctly identify and particularise an account held with the Defendant,"

Mine says

"It is admitted the Claimant has an account number******* sortcode** ** ** To the extent it is alleged that the claimant incurred bank charges on her account for unauthorised borrowing (whether "paid referral" or any other such fees) it is admitted that such charges were debited from the Claimants account: however , the Defendant puts the claimant to strict proof of each charge and the date thereof.

Is this the same but worded differently?

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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Pretty much, yes. When they say the are putting you to strict proof they are using unnecessary lawyer language. They mean that you will have to prove that each and every charge was taken, what it was for and the amount and date - all information that they already have anyway.

 

If you served your schedule of charges plus interest with the Claim Form you need do nothing. If you did not then you need to send them a copy of the schedule telling them that it sets out each and every charge and that you will be relying on it at any hearing. Also send a copy to the court for their file.

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  • 1 month later...

Finally received my Court date, 18th January, seems a long way off, I dare say it will soon come around.

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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Can aynyone tell me what I need to send to the courts. I have my court date 18th Jan, and I am getting everything sorted in plenty time. CHeers:p

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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Can aynyone tell me what I need to send to the courts. I have my court date 18th Jan, and I am getting everything sorted in plenty time. CHeers:p

__________________

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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Oops sorry I didn't realise you had put one on. THanks

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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