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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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Court Next week! **ANOTHER BARCLAYS WON**


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I will update this as I go, I have just asked for my last 6 years statements and can tell Im going to need a lot of highlighters!

 

I have had a few overdraft charges etc that have been around the £60 mark so this could be interesting.

 

Dates:

06/03/2006 - Statements ordered

10/03/2006 - Statements arrived: All on A4 sheets and only charge £5 for the lot

06/04/2006 - Sorry took ages to set up my new account, sent off 1st letter special delivery today. 14 days and counting. Forgot to say, charges just over £2000

08/04/2006 - Recieved letter to say sorry they are unhappy and my comments are being dealt with

12/04/2006 - Sent off DPA letter asking for information on manual interventions as I worked out my above amount from statements.

15/04/2006 - Recived cheque back and letter saying they are sorting out statements and that they dont know what manual intervention is

21/04/2006 - Sent of Letter before action, also sent off reply about the manual intervention explaining what it is.

09/05/2006 - claim started on moneyclaim

25/5/06 - Its been acknowledged

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  • 4 weeks later...

Seen all the mention of manual intervention, I just worked out all my charges on my account. Do I then need to check manual interventions as well with the DPA letter? Ive already sent off my first letter

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It is always worth doing - but there is no reason why you cannot commence the process for repayment immediately. The only time you will need the manual intervention evidence is if they decide to defend your claim in court.

 

 

 

 

 

 

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I read on here somewhere not to put the interest charges worked out (using the excel doc) in the first letter. was this correct? And do I then add them in for the notice Ill be taking court action letter?

 

Im reading it all but think I may have messed up on the interest payments now, which equal £458!

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You do not add the interest until you are filing a claim in court .The letter before action informs them that if it goes that far that you will be claiming the interest.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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already started a claim but as advised Im going to send off a DPA letter to check for manual interventions, pretty sure I havent had any as all Ive ever had is go over drawn and the usual automatic fees and also the same for blocked or accepted D-debits

 

Anyway who do I make the £10 cheque payable to? Im guessing "Barclays Bank PLC"?

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I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

As you may note I have already started a claim for the disproportionate penalties against me but would now like to confirm any manual interventions on my account as to make the process much easier for both you and myself should this reach the courts.

 

 

Hows that sound?

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Not too good, if you want me to be brutally honest.

 

From a form point of view, punctuation is a necessity.

From a sense point of view, 1 - you want THEM to confirm manual intervention. 2 - How is confirming manual intervention going to make things easier in court?

 

Finally, I've just had to go through all your posts to understand what's going on with your claim, and I notice you're starting a new thread every time you have a query, when it's all part of the one claim. Please don't do that, stay on one thread. I'm now going to have to go and join them all, which is time consuming.

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Sorry about that, didnt realise to raise minor queries in the same thread :)

 

Oh well I've just gone and sent it off, I thought we HAD to ask them for manual interventions?

 

I doubt Ill have any anyway, well hope not as I've never had to deal with anyone its all just been slightly over my overdraft and get the charge and the standard letter in the post.

 

Oh and it will make it easier in court if they use it as a defense, nothing there that can affect the case but as I hadnt sent the letter off and its POSSIBLE to reach court before they give me any come back on my DPA, if they then used manual interventions as part of their defense I could maybe use what I put in the letter.

 

I dont think it should affect my claim though.

 

I just realised I should have noted that I did send the WHOLE DPA letter and only changed the end bit, it should probably seem better now?

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Just got my cheque and letter back saying they dont know what the Manual intervention is, pretty standard from what I have seen.

 

seeing as Ive already started my claim and I was only finding this out in case they used it for defense should I just ignore it? If they bring this up as a defence I can bring up the letter right?

 

Bank fodder do you need a scan of this letter?

 

PS they have said they will be supplying statements, well I already have them.

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  • 3 weeks later...

I will delete this when I have the answer as I know we are suppsoed to keep things in our threads. (will delete tommorrow after claim as been sent just to make sure I fill it out ok) Hope this is ok.

 

Basically Ill be starting my money claim thing tomorrow and Im looking at the bit in the libarary and it states "You have a contract with the defendant bank dated XXXX" is this the date that I joined the bank? I have no idea of this you see.

 

I may be back tommorrow to ask more questions as I start to fill it out

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Ill be starting my money claim thing tomorrow and Im looking at the bit in the libarary and it states "You have a contract with the defendant bank dated XXXX" is this the date that I joined the bank? I have no idea of this you see.

 

I may be back tommorrow to ask more questions as I start to fill it out

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