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    • It's a GR Yaris - Finance is with Alphera, who are part of BMW I believe. I'm sure the unit is very expensive to repair, I have even told them I would be happy with a refurbished/reconditioned unit, in trying to be reasonable as well.
    • Without seeing this envelope, document and sticker it is impossible to advise properly. However, just going on what you have told us, there are two ways you can deal with this: !. The easy way. This has the lowest risk but the guarantee of a penalty for speeding.  You can respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box you can explain that you responded to the request for driver’s details but it was recently returned to you, seemingly not actioned. However, you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. You could also ask the court to consider sentencing you at the fixed penalty level (£100 and 3 points) as this prosecution seems to be the result of an administrative problem outside your control. 2. The not so easy way with higher risk. This could see you convicted of the FtP charge but has the possibility that you escape with no penalty whatsoever. You can do the same – plead not guilty to both charges. If you go down this route the speeding charge cannot succeed as they have no evidence you were driving. This comes from your response to the request for driver’s details which the police say they have not got. You can mention in the “Reasons” box that you returned the request for driver’s details as required. You will then face a trial for the FtP charge and you can produced your response together with the envelope and sticker showing it had been returned to you. The risk with this is that if your defence fails you will be fined a week and a half’s net income, pay a “Victim Surcharge” of 40% of the fine, pay prosecution costs of around £650 and have six points together with an endorsement code (MS90) which will see your insurance premiums rocket.
    • Probably very expensive to replace what car and model who is your finance with ?   Andy
    • Topic moved to Financial legal Issues forum in view of the claim form. Topic title updated Please continue to post here, Andy   .
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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
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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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acestealer v's barclays **WON**


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:eek: LoL I was offered the same as well (I am owed £4.750 !), I mean if they had offered at least half then I would of considered it ! but £1000 is not worth it !

 

Let the fun / stress begin :-|

 

You mean that you'd let them keep over £2,000 of your claim :?

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

 

Welshman

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Yes, sorry would have been handy if I had added the phone number:

 

Telephone: 0845 6015935.

 

I was right, I've just found the link you need:

 

Her Majesty's Courts Service

 

As Michael mentioned, do it early on Monday if you submitted it after 9am today. You MUST also follow it up with an e.mail. The e.mail link is in the page linked above.

 

If you filed before 9am this morning, you have to decide whether it's worth you paying the fee for amending your claim.

 

Good Luck

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

 

Welshman

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Just remember, everyone........

 

There is NO loophole.

 

You will get it all back if you follow the well-tried and tested method on this site.

 

:)

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Thankyou so much guys....have only just got back on line

 

....will ring as soon as it hits 9am

 

Sadly i filed it at about 6pm the night before so looks like i'll have to pay the fee.

 

Will let you know what happens

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Right, just spoken to MCOL and the lovely lady i spoke to said it doesn't matter if the amount i have put in the 'interest statement' of the particulars of Claim is slightly wrong as the claim is based on the Amount Claimed Total.

 

I guess as long as my spreadsheet is correct that i send to court and matches the total then it should be ok...

 

Are there any Moderators/Site Helpers that can help me on this....??

 

I still have the choice of amending my claim for £35.....i am worried that Barclays will say my claim is invalid

 

Thanks so much guys

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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They can't say it's invalid and dismiss you, stop thinking like a victim! ;-)

 

Worse case scenario, they spot a discrepancy and say so in their defence (remember, no surprises in small claims!), you then alter your claim. It cost you £35, not reclaimable, for a £30 charge. It's a bugger, but there you go.

 

But tbh, I doubt that the solicitors are actually scrutinising every claim with a calculator, especially as they're a bit snowed under.

 

You can alter your claim quite far into the procedings, so don't panic just yet. ;-)

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Like a victim!!! Very cheeky!

 

Thanks Book Worm.....

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Like a victim!!! Very cheeky!

 

:-D It was said tongue-in-cheek... up to a point.

 

In all seriousness, I see so many threads where people panic and give up when the bank say that their particulars are "embarrassing", or who will accept a 10, 20, 50% offer as fast as they can, or say they're scared their claim will get thrown out, etc...

 

For so long, we have been stamped on, manipulated, hounded by them, we got used to living in fear of them. It is a really hard habit to get out of, and to remember that we are suing THEM, not the other way round.

 

People accept smaller offer "in case they withdraw the offer if I say no". So what? It's not a goodwill gesture, they're not being nice, they're still trying to coerce you!

 

We shouldn't shy away from the thought we might end up in court, after all, WE are the attackers here! Yet, the victim mentality has been so deeply hammered into us that we dread the idea. Why? All we stand to lose is our court costs and not seeing again the money to which we had said goodbye a long time ago anyway...

 

The above rant is not directed at you, btw, but I just hope a few people will read this and get this lightbulb moment where you think: "hang on, that's right, what am I scared of?" like I did a few months ago.

 

*off soapbox, exits left, pursued by a bear* ;-)

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  • 4 months later...

Hi All,

 

4 weeks before my court date i called Barclays Legal dept and they settled over the phone for the full amount, plus 6 charges they'd made after my MCOL claim and 8% interest and court fees.

 

[edited] If you have info worth sharing, please share it on forum. This site is what it is because we do things openly. Thank you.

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Hi,

I have got a court date for the 15th March, I'm about to start getting the court bundle together and have just read your thread.

What number did you call and what did you say to them? If i can get them to settle over the phone it would save me a lot of time and trouble.

Hope you can help.

Thanks,

Mossburger

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Hi All,

 

4 weeks before my court date i called Barclays Legal dept and they settled over the phone for the full amount, plus 6 charges they'd made after my MCOL claim and 8% interest and court fees.

 

[edited] If you have info worth sharing, please share it on forum. This site is what it is because we do things openly. Thank you.

 

Hi Bookworm,

 

Wasn't trying to be secretive, just that the women i dealt with at Barlcays was so lovely i didn't really want to publish her direct line on the forum.

 

But anyway, what i did was wait until about a month before my court date then gave the legal department a call. They faxed me something to sign and the next day the money was in my account. She also refunded me 6 charges made after my inital claim.

 

I had to do a bit of Dectective work to get the phone numbers but here they are:

 

Barclays Internal Switchboard (ask for legal department or Rebecca Connelly): 0207 116 1000

 

Rebecca Connelly: (she's v. nice and efficent): 0207 116 4664

 

THIS WILL ONLY WORK IF YOU HAVE AN IMINIENT COURT DATE. DON'T BOTHER OTHERWISE.

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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2 threads merged.

 

Congratulations. :-D

 

Is this the bit where I do a little "I told you so" dance? :lol:

 

Yes, dance away.

 

Citicard next, court case in 12 days. Arrggghhh! x

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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:lol: :lol: CONGRATULATIONS:lol: :lol:

 

Well done, and I hope your other claims go just as well. I've just started down the track (waiting for my data request to come back) and it's stories like yours that inspired me to get started.

 

spend it wisely!

 

D.

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:lol: :lol: CONGRATULATIONS:lol: :lol:

 

Well done, and I hope your other claims go just as well. I've just started down the track (waiting for my data request to come back) and it's stories like yours that inspired me to get started.

 

spend it wisely!

 

D.

thank you!

 

.....already used to pay off some other debts. Just to inspire you even further....i'm tackling 6 banks/credit cards. I've got the full amount (including interest) off 3 of them already. Citicard and Cahoot look like they're going to be a bit more difficult but I WILL get the money off them in the end.

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

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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CONGRATULATIONS acestealer,

Im also going to be taking barclays to court if need be,and your result has made me so more positive in the mater..well done.:D

Taff-p. v BARCLAYS

S,A,R. SENT 23RD FEBRUARY

 

Taff-p. v LLOYDS TSB

S,A,R SENT 23RD FEBRUARY

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