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    • Thanks. So effectively you paid by cash. Please follow the link to understand your position when you pay by cash or you paid by bank transfer for a used car or anything else. Of course it's a bit late now – but you should bear in mind in the future and other people who visit this thread will also benefit. The dealer says that you were provided with a copy of the warranty. I think it would be worth asking the dealer the date upon which this warranty was emailed to you. In the meantime, your statutory rights will help you to the extent that you are entitled to buy an item – even a second hand car – which is of satisfactory quality and remain that way for a reasonable period of time. What is "satisfactory quality" depends on all of the circumstances of the transaction. Although this car was very cheap, it was comparatively low mileage for a car of that age. It seems to me that for it to pack up so seriously after only about eight months of ownership and only 200 miles or so, that it was not satisfactory quality. You have had some benefit from it. Even though you only drove for 200 miles or so, that was your choice and you could have driven it more if you had wanted – even though this might have meant that the gearbox would have packed up earlier – but you will never know. We will say that you have had eight months of benefit from it.  This means that you wouldn't be entitled to recover 100% of the purchase price. You would be entitled to recover a reduced sum to reflect the use you have had from the car. If we say that a car of that value/age/mileage should normally have lasted you for, say, three years without any serious defects emerging, then we can say that you have probably had something like about 30% of the use. This would suggest that you would be entitled to recover about 65% or so of the purchase price. In principle this would mean that you might be justified in thinking about claiming about £1700. Of course we don't know what the warranty says. Whether it really does exclude work on automatic gearboxes. The reason it will be interesting to see the warranty and to understand what it provided for is that there is an outside chance that instead of relying on your statutory rights, we might be able to say that as you didn't know what the warranty was about, you were reasonable in assuming that it covered automatic gearboxes. Did you pay an additional sum for the warranty? Or was it part of the deal? I think we need to know more about the cost of repairs to understand whether a repair would cost less than £1700 in which case it might be worthwhile claiming for that – or whether a repair would cost more than £1700 in which case it would make economic sense to recover the £1700 and then move on. So I think that we need to understand when was the warranty apparently sent to you? We need to see the warranty. We need to understand what the cost of repairing the vehicle might be.  
    • With only 12% of Tesco Bank current accounts used as primary accounts, the organisation will discontinue this service from 30 November 2021View the full article
    • Roughly it’s only done about 200 miles since I’ve had it . It was a cash loan and then we bought the car with the cash . 
    • Please notice that I've restructured your post in order to introduce spacing to make it more readable – especially on a small screen. So you bought a car and even before you collected it you had to pay an extra £240 to have a cam belt replaced. So we can say that you paid about £2700 for the car. How many miles has it done since it was bought? Are you able to tell us? When you say you took a loan out for the car, was the loan specifically provided by the lender for the purchase of the car? Or was it a cash loan and you then went on to spend the cash on the car?   Also do I understand that the dealer is proposing to sell the car for a certain amount of money and then to help you buy a new one with you making up the difference from your own funds?
    • Had the cam belt changed before we collected it on 3.12.2020. We stated we never had a warranty and he said oh it should’ve been emailed to you. But I never had it.  Fault is , when driving in auto it switched into manual ( which has only 3 gears ) when you turn ignition off them back on it goes back into auto but happens again after a while and on the display it says check gearbox and a spanner comes up. We took it back to garage they drive round in it all week apparently and it never happened so we had it back and then it then started juddering and cutting out completely and i took pics this time of the error message . Took it back to garage and he said it was the actuator. The car is still at the garage as not sure how to process further . My partner took out a loan for the car but paid on his card . 67,611 miles when bought and I’ve hardly driven it . 
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Flor v Barclays


Flor
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Also in section G add something like the following:

 

"I am respectfully requesting my claim be heard via the small claims

track. This issue is not a complicated one; it is an issue of fact and

not of law. The issue is only whether the money levied by the

defendant in respect of its customer’s contractual breaches exceed

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations to the small

claims track, order standard disclosure. I understand that it is in

the courts discretion to do so. I believe this would bring a rapid

end to this litigation. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour".

 

You'll have to write it in quite small handwriting as it only just fits in the space provided.

Tanz

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I can't thank you enough Tanzarelli! Many thanks for your continued help -I can make a speedier start!

 

Getting on with this now... :) so will post progress/questions a bit later on.

 

All the best,

Flor

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

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I am just completing the form -it appears that all I now need to do is fill in the "Other Information" part with the text below. Then I attach the charges schedule that I sent to the bank (including 8% interest) to it. Take to the court along with the fee of £100 as the claim is for more than £1,500.

 

Am I correct or missing something? Just seeking reassurance that I am doing this correctly!

 

Thanks,

Flor

 

Also in section G add something like the following:

 

"I am respectfully requesting my claim be heard via the small claims

track. This issue is not a complicated one; it is an issue of fact and

not of law. The issue is only whether the money levied by the

defendant in respect of its customer’s contractual breaches exceed

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations to the small

claims track, order standard disclosure. I understand that it is in

the courts discretion to do so. I believe this would bring a rapid

end to this litigation. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour".

 

You'll have to write it in quite small handwriting as it only just fits in the space provided.

 

Tanz

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

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Thank you so much again Tanz! you are a lifesaver!! :D

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

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It all becomes easier when you have been though it once, even so don't become complacent, I have still made mistakes which I shouldn't have made and wouldn't have made if I had taken my time. Its better to slow down and prepare in advance. I should take a leaf out of my own book. lol :D

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All up date so far :D -took the AQ etc to the court and paid the £100...now I'll look into the court bundle (thanks again for link Tanz!).

 

Has anyone managed to settle before the case went to court -I know that people sometimes call the banks direct in the aim of settling out of court. Any advice on this?

 

Flor

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

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Don't even think of contacting the Bank until a couple of weeks before the Court date.

 

They have introduced an answerphone system on the numbers I supplied so are probably being inundated with calls.

 

They WILL make contact with you before the Court date.

 

A tack which may be of use, as an alternative to phoning, is to send them a letter with your contact number on. In that letter make sure you mention that you are giving them a further opportunity to settle before Court, in an effort to relieve the Courts pressures. The Court will then see that you have been trying to settle up to the death and can only benefit you in the Courts eyes.

  • Confused 1

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

 

Welshman

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Thanks Welshman. Will try the letter route in that case.

 

Flor :)

 

 

Don't even think of contacting the Bank until a couple of weeks before the Court date.

 

They have introduced an answerphone system on the numbers I supplied so are probably being inundated with calls.

 

They WILL make contact with you before the Court date.

 

A tack which may be of use, as an alternative to phoning, is to send them a letter with your contact number on. In that letter make sure you mention that you are giving them a further opportunity to settle before Court, in an effort to relieve the Courts pressures. The Court will then see that you have been trying to settle up to the death and can only benefit you in the Courts eyes.

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

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Have not received a date for the allocation hearing yet and cannot do much more than prepare the court bundle for now. I also plan to have the letter ready but found this one below in the forum:

 

Any comments -is there anything else I need to say? Difficult to know how much to personalise it, or leave as it is. Help!

 

Thanks,

Flor

 

"County Court Case Number :

Account:

Sort:

Dear xxxxx

As I have previously stated, I would have hoped that this case may have been settled without the use of the court’s precious time.

 

The figure currently stands at £*****. Do I inlude the amount including court costs for MCOL and AQ?

 

I would like to reiterate that the amount to be repaid is un-negotiable and there must be no conditions attached to the repayment of what is rightfully and legally mine.

 

 

Yours faithfully,

xxxxxx"

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

Link to post
Share on other sites

Have not received a date for the allocation hearing yet and cannot do much more than prepare the court bundle for now. I also plan to have the letter ready but found this one below in the forum:

 

Any comments -is there anything else I need to say? Difficult to know how much to personalise it, or leave as it is. Help!

 

Thanks,

Flor

 

 

"County Court Case Number :

Account:

Sort:

 

Dear xxxxx

 

As I have previously stated, I would have hoped that this case may have been settled without the use of the court’s precious time.

 

The figure currently stands at £*****. Do I inlude the amount including court costs for MCOL and AQ?

 

I would like to reiterate that the amount to be repaid is un-negotiable and there must be no conditions attached to the repayment of what is rightfully and legally mine.

 

 

Yours faithfully,

 

xxxxxx"

 

 

 

Yes if you have paid the fee for AQ. You could break down the total so they can see how you arrived at it to avoid confusion.

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will be watching your claim with interest. i have rang barclays twice since getting my prelimanary hearing for the 19th feb the first time she said she would inform the person who is dealing with my claim and let them know and the secound time they said they would get back to me closer to the end of the month as they are snowed under so am preparing my court bundle just in case.

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I've sent my court bundle already, even though I haven't received a court date. What is the actual rationale for waiting? The court seemed to think it was ok for me to send it now.

 

Not much chance in the bank not forcing you to produce it.....

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Hi,

 

Let me know how you get on and who you manage to speak to!

Good luck! We are nearly there...:D

Flor

 

will be watching your claim with interest. i have rang barclays twice since getting my prelimanary hearing for the 19th feb the first time she said she would inform the person who is dealing with my claim and let them know and the secound time they said they would get back to me closer to the end of the month as they are snowed under so am preparing my court bundle just in case.

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

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i spoke to a women called tammi i just rang the the number at the bottom of the defence that barclays filed at mcol stage but my claim is for just under 800.00 i wonder if they are split into to differrnt sections by the amount you are owed?

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Thank you for all recent messages -great to have such support specially now I am at this stage of the claim. :)

 

I have now received the notice of allocation to the Small Claims Track (Hearing). This will be at Sheffield County Court on the 1st March...quite excited but terrified at the same time! :o

 

I will wait a couple of days and then will send the letter that I posted on here. If anyone with successful claims behind them have any more advice or amendments to the letter etc, it would be much appreciated. Otherwise, I'll send off and continue with the bundle.

 

All the best,

Flor ;)

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

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Share on other sites

  • 2 weeks later...

Hi there,

 

Have been unwell so just sending the letter -I want it to go today. Court bundle nearly there, just have a few bits missing.

 

For the letter - can anyone please let me have the name of the person to go on the letter below? I assume it's to the registered address but thought it would be better if it was addressed to a specific person. Does anyone have an email address too?

 

Thanks! :)

Flor

 

Dear xxxxx

 

As I have previously stated, I would have hoped that this case may have been settled without the use of the court’s precious time.

 

The figure currently stands at £*****. Do I inlude the amount including court costs for MCOL and AQ?

 

I would like to reiterate that the amount to be repaid is un-negotiable and there must be no conditions attached to the repayment of what is rightfully and legally mine.

 

 

Yours faithfully,

 

xxxxxx"

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

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Letter sent to registered address via Recorded Delivery.

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

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