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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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Conni - v - Barclays ***SETTLED IN FULL***


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  • 3 weeks later...

Hi Connie

 

Well done in starting the process to recliam the charges back. I started my claim way back in June, as of yet still had no money.

 

But good luck in your claim

 

Andy

N1 forms delivered to court for Barclays

50% rejection letter sent to DLA

( Abbey )

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Well got my offer letter less than half of what they have taken so am sending the following letter.

 

With reference to the above, and to your letter dated 10th October 2006. I wish to thank you for your offer of £935 in respect of bank charges levied over the last six years on my account. I will be happy to accept this offer as an interim payment (not Full and Final Payment), but wish to inform Barclays that I require the outstanding balance of £1,550 to be paid within 14 working days. This outstanding amount now includes an additional £90 of charges, which have been levied on the account since our first correspondence with you.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours faithfully,

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If you've already sent the LBA, then the 14 day clock has started. Stick to that deadline and amend your letter above. You could say something along the lines of "I refer to my Letter of Action to you dated XX/10/2006 and remind you that my 14 days deadline for the repayment of same in that letter remains in force".

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

 

Welshman

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Thanks have changed my letter and will stick to the deadline

 

Thank you for your letter dated 10/10/06

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £2465

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you have until 20/10/06 to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

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  • 2 weeks later...

Well got letter back from Barclays basically saying if I do not accept their pitiful offer take them to Court, so their wish is my command. Sending off my N1 for today to the Court and have marked on my calender the 14 days to see if they file a defence or acknowledgement and if they acknowledge the claim have also marked a further the furhter 14 days they have to to see if I they then file a defence. So just have to wait and see what happens

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Just remember that the court allow 5 days for them to be served and THAT is when the 14 days starts - making it 19 days to acknowledge and then once they do, a total of 33 days from the date you filed to enter a defence.

 

Take this time to start putting together your court bundles.

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

 

Welshman

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  • 1 month later...

Hi Connie,

 

I've been reading your entries about trying to claim your bank charges back from Barclays. I'm just about to start the process claiming back from Barclays also and wondered how you had got on since your last entry in October??

:|

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Sorry my computer is not working and I am having to use the one at work, just got my letter from the Court to say that Barclays are to file a defence so they have the extra 28 days,

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Update not got the actual dates with me as at work so have to be quick.

 

Barclays have until the begining of December to file their defence, I am looking on the web site to find out how to fill in the AQ then I am ready just in case they file a defence. Also getting my Court Bundle ready as quite a lot of paperwork with the 6 years of bank statements etc. Will hopefully have a fully working computer by this weekend to give a fuller update

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Hi connie!

 

My computer down to so am also using one at work!!!! :-o

 

Just for your information, I received defence back on 30th August.

Filed AQ on time and have got bundle all sorted in advance.

 

My court date is set for between 26th March and 13th April next year! :-o

Depends on courts etc, but don't be too disappointed if you get a date that seems a long way away.

I doubt you will have to wait that long anyway! ;)

 

My advice is just to stick to the time table and get everything done asap so that if you do have to hand in your bundle or indeed go to court you will have everything you need in place already.

 

I don't think it will get that far though but better to be safe than sorry!!!

 

Good luck - I'm sure that you will be fine!

 

Sarah :)

  • Haha 1

BARCLAYS - £9,807.75

 

Data Protection Act SENT - 13TH JUNE 06

PRELIMINARY SENT - 13TH JUNE 06

LBA SENT - 4TH JULY 06

 

:o CLAIM FOR £9,707.75 FILED - 17TH JULY 06

 

:mad: CLAIM SERVED 1ST TIME - 20TH JULY 06

:mad: CLAIM SERVED 2ND TIME - 22ND JULY 06

:mad: CLAIM SERVED 3RD TIME - 2ND AUGUST 06

 

ACKNOWLEDGEMNET OF SERVICE - 14TH AUGUST 06

DEFENCE RECEIVED - 30TH AUGUST 06

ALLOCATION QUESTIONAIRE - 18TH SEPTEMBER 06

ALLOCATED TO FAST-TRACK - 28TH SEPTEMBER 06

STANDARD LIST OF DISCLOSURE

(BY LIST) AS ON COURT ORDER - 1ST NOVEMBER 06

 

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Ok back on my home computer.

 

Barclays have until the 26th December to file a defence (will have to be before the Christmas shut down or they will be out of time) they have given me a address for service which is

Barclays Legal and Compliance

Litigation and Disputes

Level 29

One Church Place

London

E14 5HP

 

Probably will not get any response from the Court until after the New Year as I amy pretty sure they shut down or just have a small staff on inbetween Christmas and the New Year. Even so my Court Bundle is all photocopied and ready to send out.

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  • 4 weeks later...

Hello

 

Hope you all had a lovely Christmas and New Year.

Well back to the grind stone.

 

Got back from my Christmas break to find the AQ had arrived in the post and not the N149 as I had expected and was ready to fill in but the N150 which is for claims over £5000, sent in error but have to fill in in anyway. There is a part that is asking for directions which I am not sure how to fill in or even if I have to send any. Went onto the Jonni2bab Thread to find out how to fill in the AQ as it has a detailed explanation on how to answer all the questions for both forms.

 

If any one has any suggestions about the question F Proposed Directions would be very grateful for you help

thanks.

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Hello

 

Hope you all had a lovely Christmas and New Year.

Well back to the grind stone.

 

Got back from my Christmas break to find the AQ had arrived in the post and not the N149 as I had expected and was ready to fill in but the N150 which is for claims over £5000, sent in error but have to fill in in anyway. There is a part that is asking for directions which I am not sure how to fill in or even if I have to send any. Went onto the Jonni2bab Thread to find out how to fill in the AQ as it has a detailed explanation on how to answer all the questions for both forms.

 

If any one has any suggestions about the question F Proposed Directions would be very grateful for you help

thanks.

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Took my AQ to the Court so that I am sure it has been returned in time(I had until the 8th January to send it back)

Just want to say a big thankyou to everyone who helped me fill it in and for the copy of the Directions.

Starting to get a bit nervous but have to say that reading other peoples comments is a big help

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Just got my court date through 8th May 2007. The case has been allocated to the Small Claims Court which is what I wanted. The only directions the judge has applied is that I have to send my bundle to him and Barclays 14 before the Court date.

 

Well my Court Bundle is nearly ready just needs putting in order and sending out. It is huge and going to cost a fortune to post so do you think I should leave it a while to see if they settle the claim before hand. Has anyone got any advice

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Hi conni, I have just received a letter back from Barclays saying that if I didn't accept their offer that there was nothing more they could do, I'm sending my lba tomorrow but I was just wondering if I should continue or just let them win this one. I have 3 accounts that i'm chasing them for and as yet i've only received a settlement figure for one of them, Do I continue with a lba for the other two as the 14 days are up! any advice would be greatly appreciated. Jenny.:confused:

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Well I have now taken over the floor in the lounge to prepare my bundles and will get them sent off to asap.

 

jenni.green4 hope you got my message if not then stick to the timetable and claim for all three of your accounts, got a similar letter (claiming for 2 accounts) and I still put in a claim for all of chages on all of my accounts to be refunded. They will try to tell you that there is nothing they can do hoping you will give up, don't it is your money and you have the right to get it back.

 

Best of luck and keep plodding on.

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