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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
      • 162 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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Plimsole's claim


Plimsole
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I sent my letter asking for charges to be refunded on 29/3.

 

In the last 6 years I have paid out almost £600 in charges for returned direct debits, cheques and overdraft exceedances. I was astonished when I totalled it up!!

 

Received a letter from Barclays on 31/3 saying they were sorry I felt the charges were unfair and they would respond within 14 days....

 

Will keep you posted with any results

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hello, sounds like my claim is almost exactly them same !! My charges totalled £550 and i received my letter saying as a gesture of goodwill they will pay me £220 !! What a joke they were more than happy to take it and i could really do with the money, but after speaking to David Chapman on a direct phone number he was very pleasant but stated it was only a gesture of goodwill and they didn't have to give me anymore as he had assesed my account and decided that it was a fair amount ! So on with my claim !!

Not too sure if you have a standard letter for the next part of my claim ?

Good luck with your calim !

charlie

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its only a few days in for me so based on your experience I should expect a phone call offering me some but not all of the charges refunded?

 

I've been using the letters on this forum but slightly modified. And also had to look up what "fiduciary" meant. I can't very well send a letter not knowing what one of the big words in it meant :)

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Reply back to them and reject their offer. (see FAQ's) Give them 7/14 days or you will proceed with the claim.

 

Good luck

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

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  • 5 months later...

I realise it's been a while but....

 

...went to Small Claims Hearing today, and guess what, Barclays did not show!! Phew....

 

Judge ruled in my favour so I will be receiving back (eventually):-

6 years worth of charges - £575

Interest @ 8% - £122.05

Court fees - £80

 

Total of £777.05

 

Interestingly the Judge would not allow me to claim the day I took off today. Did I do something wrong? Is there something I should have said that others can learn from?

 

Is there a moderator that can change the title for me too?

 

I'm off to celebrate, but not too much. The money's not in the bank yet......

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Well done and CONGRATULATIONS!!

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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Well done from me too!

 

If Barclays keep messing the Court system about like this, the Courts are going to take some action. Lets hope they can hold Barclays in contempt. !!

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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According to "Small Claims Procedure - A Practical Guide" by Patricia Pearl, the judge, at his/her discretion, can award costs to the winner of up to £50 for loss of earnings, plus reasonable travelling expenses.

 

If anyone else gets to this stage, it might be an idea to provide evidence of loss of earnings, such as payslips, or a letter from your employer, and respectfully point out to the judge that this is covered under Rule 27.14 (3) © and PD 27 para 7.3(1)

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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  • 1 month later...

I went to court late in September and since Barclays did not attend, the judgement was in my favour by default.

 

The court then sent a letter out saying the judgment had been made and that barclays had until mid november to pay.

 

Barclays sent me a letter saying they "inadvertantly" failed to attend (!), still disputed the circumstances etc but were willing to settle in full providing I wrote to the court applying to have the judgement "set aside". I'm afraid at this point I have have been a bit lax and didn't respond (mainly because I had no idea what set aside the judgement meant).

 

Now I have a letter from the County Court requesting my attendance at a hearing! Barclays have applied for the judgement to be set aside. Now its getting serious again. So I looked up set aside and it basically means getting the judgement reversed doesn't it?!

 

Am I going to have to attend court and actually face Barclays?

 

Anyone else in the same boat.... I need some reassurance please that this isn't just happening to me

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By having the judgement set aside, Barclays will not have been seen to have lost the case. That's all they want. You still get your dosh and they don't have a court case going against them.

 

Agree to the set-aside as they WILL get it.

 

Contact the sender of the letter from Barclays and agree to it. They STILL do not want to go through the doors of the Court.

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

 

Welshman

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  • 2 weeks later...

Barclays have now paid up in full!!

 

They arranged for the hearing I talked about in my post above, but then one week before called up to say that they hadn't heard anything from me and they were still willing to settle in full.

 

They faxed me stuff, I faxed them stuff, they transferred the money direct into my account. So no longer required to attend the hearing!

 

The only slightly dissapointing thing is that I suppose it doesn't now count as a judgement against them as we settled out of court....

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Thread Locked

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

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