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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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Crash V Barclays *** WON ***


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excellent news. Well done! Im hoping my claim will be sorted out soon

Ordered Statements: 06/10/06

Statements Received: 11/10/06

Prelim letter posted: 11/10/06

Standard Reply Received: 19/10/06

LBA posted: 25/10/06

MCOL filed 09/11/06

Offer of Part payment letter received 09/11/06

Rejection letter sent to Barclays 13/11/06

Amendments sent to MCOL 21/11/06

Sealed claim received from MCOL 25/01/07

Claim received by Barclays 29/01/07

2 weeks to defend - deadline 13/02/07

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Right, I rung the court today to ask them if they'd received my 'application for costs' and have been advised that my claim hearing has been adjourned to March 27th at 2pm, and that an order for further instructions will be going out to Barclays and myself :)

 

It ain't over until the fat lady sings.... :D

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Crash,

 

lol lol What a thread this is.

 

Firstly a massive well done to you. It just shows that everyone making a claim against these massive banks, are holding all the aces. I am waiting for my hearing date, letter in the post from courts as i write, and after reading your story there is no way i will settle for less.

 

Your efforts and strengh to not give in and settle for less money sets a standard for us all to follow. If we all fight for a full refund then maybe the banks might just learn to stop trying their delaying tactics and just pay back what is rightfully ours alot sooner.

 

Thanks for getting my blood pumping, I know what i will be reading when i need some courage before i phone Barclays, your thread because it shows it can be done. Wish i knew your name because when i phone Anthony and say your name in conservation he will through the cheque book at me saying help yourself, just dont phone back. lol

Regards Mp

NATIONWIDE:

WON - 26/10/06

FULL REFUND - WITHIN 7 DAYS OF MCOL

Acknowledged - 25/10/06

MCOL Issued - 24/10/06

MCOL Sent - 23/10/06

LBA sent 01/09/06

Prelim Sent - 07/08/06

BARCLAYS BANK:

AQ sent 25/1/07

Defended on last day possible.

MCOL - Issued 13/12/06

MCOL- Sent 12/12/06

S.A.R - Sent - 25/10/2006

S/Ment rec - 4/11/06

Prelim sent - 6/11/06

BARCLAYS LOAN:

S.A.R - Sent - 25/10/2006

BLACK HORSE:

SETTLED IN FULL

S.A.R - Sent - 25/10/2006

CCA to get loan agreement info - Sent - 25/10/06

Prelim sent PPI + Charges 11/11/06

CAPITAL ONE

Prem sent 11/12/06

S/Ments Rec - 5/12/06

S.A.R - (Subject Access Request) - Sent - 9/11/06

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Hi Crash,

 

lol lol What a thread this is.

 

Firstly a massive well done to you. It just shows that everyone making a claim against these massive banks, are holding all the aces. I am waiting for my hearing date, letter in the post from courts as i write, and after reading your story there is no way i will settle for less.

 

Your efforts and strengh to not give in and settle for less money sets a standard for us all to follow. If we all fight for a full refund then maybe the banks might just learn to stop trying their delaying tactics and just pay back what is rightfully ours alot sooner.

 

Thanks for getting my blood pumping, I know what i will be reading when i need some courage before i phone Barclays, your thread because it shows it can be done. Wish i knew your name because when i phone Anthony and say your name in conservation he will through the cheque book at me saying help yourself, just dont phone back. lol

Regards Mp

 

 

Awww shucks, thanks Mark..it really is just a case of holding your nerve and sticking to your guns. Don't let them talk you into folding...just keep saying you'll see them in court unless they pay in full. They do not want to go to court, so they WILL pay you your money..it's just a matter of time :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Reet,

 

Have received a 'General form of judgment or order' from Judge Tetlow. Written up the day my original hearing was due, as I called them and wrote to them about costs a couple of days before:

 

'Upon reading the Claimant's letter and the Defendant not appearing it is ordered that claim be adjourned to 27th March at 14:00 to consider the Claimant's application for unreasonable costs.'

 

Certainly sounds promising :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Crash,

 

You sound like you are having too much fun, are you sending Mr Lombardi a roll of tissues as he may need them.

 

LOL

 

Cheers

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Crash,

 

You sound like you are having too much fun, are you sending Mr Lombardi a roll of tissues as he may need them.

 

LOL

 

Cheers

 

BB

 

 

No bite...I'm not THAT nice... :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Excellent!! Can't wait to see what happens!:D

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

Right, new bod has just called me as he's taken over from Anthony Lombardi who's left (that's the second person handling my claims that has left the company) :eek:

 

He wanted to discuss my claim for costs, saying he could probably pay the £40 disbursements but not the whole costs. Again, I listened, then said I'd rather leave it for the judge to decide. Then he said, well we can probably do better than £40...then I stopped him. I told him with all due respect that I've had numerous convos with Barclays and would like to let him know that I am looking for the full amount. Anything else is a waste of his and my time, see you in court otherwise.

 

He asked me if he could call me back tomorrow...I said of course you can :D

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Sorry Kimmy, in my excitement I forgot to write his name down - Tony, Tom??!...standby for an update tomorrow :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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:D

 

 

bong thanks for the fax nudge hun, it obviously worked!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Crash,

 

A quick favour please.

 

Can you find out who is responsible for recruiting these people, pmsl.

 

You are enjoying yourself way tooo much, hun.

 

Cheers

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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The very nice gentleman's name is Tom Hickey....they are faxing over a letter of payment within the next few minutes, and will arrange to pay all my costs (£447.02) in FULL :)

 

THANK YOU VERY MUCH!!!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Yes Bong, pmsl! But we always knew that didn't we?!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Great stuff (again!) Crash, well done!!:D

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Payment received from Barclays on the day of the hearing, second donation has been made, over and out :)

  • Haha 1

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Nice one, Crash, Many thanks for all your help in 'Chat' ;)

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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