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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
      • 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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Schedule of charges


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I sent the first letter to Barclays yesterday by recorded delivery. I also enclosed a schedule of charges, however when i used the spreadsheet i deleted the 8% interest column as these were not relevant at this stage. Was I right to do this or should i have left it? Please help.

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I sent the first letter to Barclays yesterday by recorded delivery. I also enclosed a schedule of charges, however when i used the spreadsheet i deleted the 8% interest column as these were not relevant at this stage. Was I right to do this or should i have left it? Please help.

 

What you have done is correct -8% interest is added at money claim stage.

Consumer Health Forums - where you can discuss any health or relationship matters.

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I sent the first letter to Barclays yesterday by recorded delivery. I also enclosed a schedule of charges, however when i used the spreadsheet i deleted the 8% interest column as these were not relevant at this stage. Was I right to do this or should i have left it? Please help.

 

yes thats fine. claim it at MCOL stage.

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What you have done is correct -8% interest is added at money claim stage.

 

Cool! I was wondering that too!

 

Cheers

Chris

Progress Report

 

Mine - NatWest

 

Data Protection Act Request 04/08/2006

Data Protection Act Recieved 12/09/2006

 

The Wife's - Barclays - £2000

 

Data Protection Act Request 04/08/2006

DPA Recieved 16/08/2006

Prelim Letter Sent 17/08/2006

Offer of £800 Made

 

http://www.internationalmyday.com

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  • 2 weeks later...

I have received a response from Barclays to my preliminary letter. It is the standard letter "sorry you are not satisfied with our services blah,blah...." and a copy of their terms and conditions. They say they will be looking into it and get back to me by 11 October 2006. Sorry, but 14 days are up this Thursday 28 September so I will be sending my LBA on that day. At least something is slowly starting to happen now.

 

OOOOO, what if i become the first person where they actually turn up to court to defend their claim.

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the response I got from the data protection letter requesting a summary of my charges, was a letter back returning the cheque saying they had no intention of refunding my fees!!!

 

have sent them a letter reminding them the 40 days are up, and giving them 7 days to send me a summary of the charges so am slightly behind you on this one so will watch with interest!

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  • 3 weeks later...

I have received an offer from Barclays. It seems to be the standard letter they send out and have offered me £500 in full and final settlement. This if of a claim of £1100.00. I don't want to accept it but i am moving to Scotland in the next month or so. Will i still have time to do the money claim or should i just take the £500? I really don't want to do that so what are my options???

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so did you send them the LBA letter on the 28th sept or just wait for their response?

 

well done for at least getting an offer... Im a little further back than you having just sent the prelim letter & a schedule of charges so will see what they say.

 

Looking at other posts it seems that it can take a good couple of months to come to court but most if not all of the banks seem to be settling before the actual court dates.

 

Why dont you just send a letter refusing the offer and requesting full payment of the charges. If no then just wait until you have moved and register the claim in a scottish court?

 

Seems a shame to not hold out for the extra £600 that you are owed?

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Thanks for your reply. I sent them a LBA on 6 October so they have until next week to pay up. I also think it is a shame not to hold out for another £600.00. It is peanuts to Barclays but it is a lot of money to me, and will really come in handy for my moving costs etc. So can i bring the claim in a scottish court eventhough i started all this here???? I know the system is different up there. I don't know why Barclays hold out so long cos it ends up costing them more in the long run with interest being added and all that.

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There are differences with Scottish law. Perhaps someone here can advise you - not me I'm afraid.

 

But the basic principles are the same, and Scottish residents ARE reclaiming their charges just as much as English residents are.

 

As for Barclays holding out, that seems to be a quite deliberate strategy. The cost of settling a few four-figure or even five-figure claims is just chicken feed to them. I'm sure what absolutely TERRIFIES them is the thought that, if they make it too easy to claim back charges, it would open the floodgates - and that wouldn't cost them thousands, it would cost them billions!

 

Don't you feel sorry for them now??

 

No, neither do I!!!!!!!

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

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i really don't want to accept the £500 but i don't know how it works as i have started it all here. I am claiming by charges back from Capital 1 as well but i will start that after my move. I have to issue my money claim this week so i don't know what to do. I am moving in about 3 weeks but i doubt it will be sorted by then. Does anyone have any advice on what to do in a situation like this????

 

Pleeeeease!

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you can get post redirected for up to a year after your move... so why dont you just continue it from your existing address... it's very doubtful that barclays would ever let it go to court... but even if it did you could do a court appearance on a £50 day return?

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  • 3 months later...

Last week I go my letter through for a preliminary hearing on 6 February. I called Barclays today to ask if they want to settle. They took my number and told me they will get back to me. They also took the details of the hearing. I have not heard anything back yet. Do they normally take their time in getting back to you. Should i call again this afternoon if i haven't heard anything?

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