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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
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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.

      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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Welshman v Barclays **WON**


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Hi everyone, this is my first post.

 

Sent first letter along with my £10 cheque on the 26th of June and received letter dated 27th of June in reply along with the cheque. Similar letter to everyone else's stating that they will supply statements free of charge. It's now 41 days and there's no sign of them. I will hold off until Wednesday because the 40th day landed on a weekend. I want to show that I am being reasonable from the outset, even though such a large organisation doesn't find a problem with jumping down my throat immediately I fall foul of their rules.

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

 

Welshman

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Hi there, Quite a few people have rung them at this stage and given them a *nudge* just to remind them of their obligations? Barclays do seem normally to be good at responding, either that or you could send them a letter reminding them that the deadline is fast approaching? There is def no need for it to take the 40 days, I got mine in 5.

 

Miss P x

FD £691.50 SETTLED IN FULL £691.50 :D

FD CREDIT CARD £75, SETTLED IN FULL £75 :D

MBNA CREDIT CARD £1784 SETTLED IN FULL :D

BARCLAYCARD . . .£500 BACK SO FAR . . NOW OFF TO COURT FOR MY OTHER £1200

 

PLEASE BE AWARE . . .MY OPINION IS JUST THAT . . IF IN DOUBT SEEK QUALIFIED LEGAL ADVICE x

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Well by my calculation, it's now 43 days and, as misspickles correctly commented, they don't need the 40 days, so template letter sent yesterday giving them seven days.

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

 

Welshman

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Received three A4 envelopes today (letter inside dated 8th August) so will start sifting through them this afternoon.

 

I remember reading a thread a few days ago and it listed about three entries to look for in the statements e.g. "Paid referral fee". Can someone remind me what they are or where that thread was please?

 

***** FOLLOW UP *****

 

I've been able to discard about a third of the contents of the three envelopes but the others have one of the three following deductions.

 

"Unpaids Out"

"Paid Referral" and

"Account Fee".

 

I assume the first two are what I can attempt to get back but am I right in thinking that the "account fee" is not claimable - unless I went over agreed overdraft because they pushed me over it by unlawfully charging my account with one of the other two?

 

There are lots of Account fees ranging from £7 to £9.50. Please confirm that I can go for these too - regardless of how I went over the limit.

 

 

Thanks

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

 

Welshman

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I intend sending claim to Barcalys Bank tomorrow. The figure I have come to is £2565.50. Which of the Banks' addresses do I put on the template letter - the data Protection one, my local branch or where the statements came from i.e. Leicester?

 

I have also noted that, with the template letter, it should include the schedule. Can I use the schedule as in the template England - Simple - Excel and omit "Days since Offence" and "Interest 8% APR" or is there another template elsewhere?

 

Finally for now, do I apply for what they term as "Account Fee" which comes to £530.50?

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

 

Welshman

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Thanks for your responses.

 

I'll have to reduce my claim in that case.

 

I thought a schedule would be a spreadsheet printout but I do understand what you say Villaburd24. I thought they'd be wanting itemisation. I don't really want to muck it up this early as my Mrs has an issue with another bank which we'll take on once this one is done.

 

I won't list the interest at this point.

 

Unless someone else posts before I send, I'll take on board what you've said, but if, as usual, Barclays don't play ball, the spreadsheet will have to be done anyway.

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

 

Welshman

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OK, after much work, have inputted figures and dates on to spreadsheet for posting tomorrow. In the Column "In Respect of" I have entered "Paid Referral" and "Unpaids Out" as are entered on the copy statements supplied by Barclays. Is that correct?

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

 

Welshman

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Sounds right to me.

 

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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Hi Welshman.

I understand you will not be able to claim the account fees as these are lawful charges for running your account as you pay these for the service of your account.

unpaid outs,commission & paid referals you can.

8% interest can only be charged when you start with moneyclaim.

Finally i have decided not to claim overdraft interest as i felt this will cover the banks fees and also it can be very difficult to work the exact ammount out that you can claim.

good luck.

Arglye.

Story So Far:

Pre letter sent 14th August.

Barclays Reply 18th August.

Barclays Reply 5th Sept.

Lba sent 30th August.

Rejection letter sent 9th Sept.

Barclays reply 13th Sept.

Mcol submitted 15/09/2006.

AQ received 21/10/2006.

AQ returned 23 /10/2006.

Court Date:25/01/07 10.30am

Phoned Barclays 08/01/07 Said they would contact me shortly.

15/01/07 Received letter offering a full settlement however figure was short.

22/01/07 Received telephone call from Barclays asking for a settlement figure.

CLAIM SETTLED IN FULL!!!!!!!!!

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Thanks for that. Will post off today. After failing to adhere to the 40 day deadline, sent them a 7 days deadline letter, I eventually got my statements yesterday and, for good measure, a duplicate lot today!

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

 

Welshman

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  • 2 weeks later...

Posted the claim and spreadsheet on the 11th. Received the standard response dated 17th of August 2006.

 

I need some clarification on this point.

 

When I sent the claim and spreadsheet I put the claim dates as 1.9.2000 to 1.9.2006. Even though I mistakenly put a date not yet reached, is it still in order or should I amend it. I assume it's OK as the official claim will be via the courts.

 

Thanks in Advance.

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

 

Welshman

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I've taken the LBA from the template and amended it very slightly using a small amount of text from the excellent letter in Don Quixote's thread. Does this look OK? I am sending it on Friday 25th Aug.

 

Barclays Bank Plc

Leicester

LE87 2BB

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXXXXXX

 

I am very disappointed that you have failed to positively respond to my letter of the 11th August 2006. Barclays have failed to read the detail contained within the letter pertaining to time frames and the type of correspondence I was requesting in relation to this matter. I requested, and hoped, that Barclays would enter into a sincere dialogue with me rather than respond by way of generic letters and leaflets. I can therefore only assume that Barclays have no intention of responding positively to my request for a refund of charges within 14 days, and am hereby providing notice of intention to pursue a claim with the County Court 14 days from the date of this letter.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £XXXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 11th of August 2006.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice.

 

 

Yours faithfully .... etc

 

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

 

Welshman

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Hi there my fellow Welshman....

 

Im in the view that the banks are seeing so many of our standard letters that they're processing them all exactly the same standard way & sending out standard replies to get through them all...

 

This is great for us as they're just going through the motions hoping that people will give up as a few probible do.........So until it gets to court they keep sending out standard letters etc....then by the time court action actually does go ahead all you've got is a pile of what can only be regarded as junk mail....

 

Doing it the tried & tested way & not changing anything means they can't hit you with any surprises & they have to pay out....

 

BTW I was going to send a modified letter out myself but thought that they would take their time to digest, nit pick or find loop holes to slip though...So in the end I stuck to the same letters as everyone else who've got their money back...

 

I may be wrong??? But thats my view..............Whats everyone elses view on this???

AS I SAID.....

"ENOUGH'S ENOUGH".....

I THINK IT'S ABOUT TIME I FOUGHT BACK.....

DON'T YOU....

:D

"First they ignore you, then they laugh at you, then they fight you, then you WIN" Mahatma Gandhi

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Don't worry about the dates it will be well past then anyway when you go to court, just make sure you dont start your court action till after this date, the LBA you sent is fine, I would stick to the tried and tested letters you know these have worked in the past. Hope this helps.

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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Afternoon Welshman

 

I was just wondering did you send the modified LBA out or the standard stock LBA???

AS I SAID.....

"ENOUGH'S ENOUGH".....

I THINK IT'S ABOUT TIME I FOUGHT BACK.....

DON'T YOU....

:D

"First they ignore you, then they laugh at you, then they fight you, then you WIN" Mahatma Gandhi

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No, I decided to take the advice of others including yourself and sent the one as found in the Library. as you quite rightly said, it's tried and tested.

 

I fully expect to have to contact the court in 14 days so will do the spreadsheet early next week.

 

Thanks for your response.

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

 

Welshman

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Im glad you've done that it save any dalays etc....Its really tempting to add/adjust the templates I know I've wanted to but when they're just sending you standard replays back why bother...Good luck.:D

AS I SAID.....

"ENOUGH'S ENOUGH".....

I THINK IT'S ABOUT TIME I FOUGHT BACK.....

DON'T YOU....

:D

"First they ignore you, then they laugh at you, then they fight you, then you WIN" Mahatma Gandhi

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Hi welshman,

Just to clarify on the account fee, that you mentioned earlier in your thread, It appears that barclays are charging peoplw for additions accounts, a service where you recieve holiday insurance, breakdown cover etc, by reading people's threads they seem to have no idea they signed up for that additional service and are paying £9 to £13.50 each month, so the point is check out if it's for additions before you add it to your claim, Good Luck.:)

LETS ROCK !!!:D :D :D

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Cheers Enough's Enough. They should get it this morning (Bank Holidays and all that). Have already prepared the schedule plus the 8% - an extra £450 in interest, as I don't think they'll break the mould and settle any earlier than in the past.

 

Thank You Nightstar. I've just gone for the Paid Referrals and Unpaids Out.

 

Will keep everyone informed of progress.

  • Haha 1

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

 

Welshman

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Hi, Welshman.

 

I have only just seen this thread and I am sorry to have to tell you that you've sold yourself short.

 

You are perfectly correct that you cannot reclaim the ACCOUNT FEEs are these are legitimate charges.

 

What you can reclaim is.......

 

UNPAID OUTS.

PAID REFERRAL.

UNAUTH O/D.....(You missed the last one)

 

I would advise you to redo your spreadsheet and restart with the amended total.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Thanks for your input Rooster-UK.

 

I don't recall seeing such entries in the packs I received but will go through them all again to check. I do, however, recall seeing "UNAUTH O/D" somewhere in the past so looking forward to upping the claim. Will reply once again when checked.

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

 

Welshman

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This was quick. I posted my LBA on Friday the 25th of August so they must have been working over the weekend because I have had the offer letter dated the 28th of August - bank Holiday Monday - for £1000. I'm going to post a polite "Thanks but no Thanks" letter today. My claim, before interest is £2,040. They underestimate my resolve.

 

However, one question I have is, where do I post the rejection letter to? Is it to Leicester, where all my other communications have gone to or to this NEW address on the top of the offer letter:- Laurence White, Customer Relations Manager, Freepost RLTA-CSUE-TCHC, Head Office Customer Relations, London, E14 5HP. I am inclined to keep using Leicester and maybe copying to Mr White.

 

Any comments please?

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

 

Welshman

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Hi welshman

 

Nice to see fellow welshmen reclaiming wats rightfully theirs hope it all goes well. I sent my rejection letter to the head office address in London and got the standard thats our only offer letter back within a week.

 

All the best

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