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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
      • 160 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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Zoeo vs Barclays * WON *


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Hi there,

I am quite far along with my claim now, but have not posted a thread yet. So here goes... I have filed my claim with MCOL and Barclays have just acknowledged. I have worked out that they have until Monday 2nd October to file a defence so I just have to wait now! But it seems most people have had to wait until the very last minute.

My charges come to £1365 but with interest added its now £1629!!

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Hi, is that within the 14 days?? My 14 days ends on the 1st October and i haven't had acknowledgment but a letter today offering me £550, and mine total a similar amount to yours!! Getting cold feet haha. Hope all goes well and keep us posted so we can help each other and offer advice, fallen :razz:

Prem letter sent 19th August asking for £1465.00

Fob off letter received 24 August :mad:

LBA letter sent 3 September

MCOL started 12 September

Deemed as served 17 September

Offer of £550 received 18 September :(

(Not accepting, waiting for acknowledgement!)

Acknowledged on 25 September yey! :)

Defended on 8 October

Allocation Questionnaire received 14th October

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Barclays also offered me about half the amount, I replied with a thanks but I will only accept as partial payment of the full amount letter. Since I filed with MCOL, Barclays have another 14 days after they acknowledge the claim, so they have bought themselves extra time to defend. Good luck with your claim! :)

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  • 2 weeks later...

Well, today I have filed my judgement by default as there has been no news from Barclays since they acknowledged my claim :D . Apparently all claims are processed at 10am so hopefully mine will be done today. Just wonder how long it will take Barclays to get me my money back now!!!!

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Hey, that's great!! Hope that is what happens with mine. Mine was deemed as served from the 17th so they have till the 14th October (which is on a sunday, so they have till next friday) if my adding up is right, doesn't stop me waiting for a cheque everyday though!

 

Congratulations!!!

Prem letter sent 19th August asking for £1465.00

Fob off letter received 24 August :mad:

LBA letter sent 3 September

MCOL started 12 September

Deemed as served 17 September

Offer of £550 received 18 September :(

(Not accepting, waiting for acknowledgement!)

Acknowledged on 25 September yey! :)

Defended on 8 October

Allocation Questionnaire received 14th October

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Have Barclays acknowledged the claim? Just that if they reply within the 14 days of submitting a claim, i.e. they filed an acknowledgment of service, they have a further 14 days to submit a defence, or contests the courts jurisdiction (taken from Notice of issue). I'm hoping that they don't reply at this stage at all.

 

The reason that I'm very interested in this, is simply that judgement day for me is the 7th October, and I'm hoping that I don't hear anything from Barclays between now and then!

"The instant you open your mouth to describe a problem you can't fix, the solution you need will occur to you!"

 

Claim against Barclays 1.

Settled in full - 17th January 2007.

 

Claim against Barclays 2.

Settled at 75% of offer - cash required for Xmas.

 

Claim against Smile.

Settled in full, without MCOL involvment.

 

Claim against MBNA.

S.A.R. - 18th September 2006

Pre Lim - 24th November 2006

Damm, forgotten about this one!

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Thanks everyone for your replies!

 

Yes Barclays acknowledged my claim on 14th September. They were originally served with my claim on 4th September so they had 28 days to defend, so the last day they had to defend was yesterday (2nd October). I phoned the helpdesk yesterday and was told the dates were all correct but I would have to wait until today to file the judgement by default. So i did that this morning, knowing that it would be processed at 10am.

 

I am aware that in some cases Barclays have defended right at the last minute, but fingers crossed this has not happened this time :). Guess I just have to sit back and wait now!

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Good luck Zoeo!

 

From reading EX304 from the HMCS website, they can enter a defence even after the deadline has expired but provided you haven't asked for judgment by default. Since you have, and they haven't - it should be ruled in your favour. I'm hoping that the amount of claims currently going through Barclays would be such that only the largest of claims would be pursued till the last minute.

"The instant you open your mouth to describe a problem you can't fix, the solution you need will occur to you!"

 

Claim against Barclays 1.

Settled in full - 17th January 2007.

 

Claim against Barclays 2.

Settled at 75% of offer - cash required for Xmas.

 

Claim against Smile.

Settled in full, without MCOL involvment.

 

Claim against MBNA.

S.A.R. - 18th September 2006

Pre Lim - 24th November 2006

Damm, forgotten about this one!

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Great! I have just checked MCOL and it appears that Barclays have now filed a defence - dont know how they got it in after I filed the judgement but they have. I have ready about this happening to others too. Do I just wait for the AQ and a court now?

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The court will send you a copy of the defence that Barclays have filed, together with the AQ which you have to complete and return within 14 days, together with a cheque for £100 if your claim is for £1500 or more

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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No, the AQ is for the court. Barclays will have their own AQ to fill in and return to the court.

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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Thanks Victimnomore!

I have filled in the AQ, made copies for my records and sent the form back along with the £100 fee and a copy of my schedule of charges. Just have to dit back and wait for Barclays to do theirs now and then wait for the court date. No doubt Barclays will wait until the very last minute again!

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  • 1 month later...

Just had my court date - February 7th. Just about to start getting my court bundle together. Was thinking of writing to Barclays as well to see if they will settle out of court, but reading other posts i doubt that will make a difference!

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Hi Zoeo,

 

I have a court date for 15th Dec, If I find iny useful stuff i will let you know same goes if you get any useful bits please let me know. I have the bundle form Library Section and have got all my correspondence, statements, latest schedule of charges, sample letters showing a rip off charge on a piece of paper that cost about 10p etc but think mine still needs something special to beef it up a bit.

 

Any thoughts welcomed!!!

 

Tanz

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  • 2 weeks later...

Hi Zoe,

 

Just put something along the lines of:

 

Address

 

Claim Number

 

Dear sirs, (Or FAO the person you want to see it)

 

Please find enclosed copies of the documents which I have sent to the court and that I will be referring to at the hearing on .../.../....

 

Even at this late stage I am will to accept full settlement of my claim including charges, stat interest, costs and daily rate of interest. I have enclosed an updated schedule of claim for charges for your information.

 

If you wish to settle this prior to the date of the hearing then I can be contacted on blah blah blah....................

 

Yours ......

 

Name

 

Hope that helps in some way feel free to adapt and ammend.

 

Tanz

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Barclays just called me back - FULLY SETTLED!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I am so happy and excited. Letter is on its way to me now. Thank you so much to everyone on this site for making this happen.

Please can a MOD change my title to WON!!!

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Barclays just called me back - FULLY SETTLED!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I am so happy and excited. Letter is on its way to me now. Thank you so much to everyone on this site for making this happen.

Please can a MOD change my title to WON!!!Will arrange that now.

 

Well Done, that is quite a result.

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

 

Welshman

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Thank you Welshman.

Just waiting for the letter now, then i will let the court know, and also take the survey here and make a donation.

This has happened so quickly since supplying a copy of my court bundle. I would encourage anyone to chase Barclays up - even if your court date is ages away (mine was scheduled for 7th Feb!!) and they were quite prepared to settle right now!!! :D

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