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    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   after being a lurker for many years and trying never to get into a mess with credit cards like i did 20 years ago, i've got myself into a mess with Amex... I've tried being open and honest with them, but now getting the feeling they are messing me around.    Its not a chargecard, but a Nectar Credit Card with them. TAKEN out 2016. Balance is just under £15k as of today, was almost at £17k.  Debt still owed by Amex, not been sent to NCO/Arrow etc - YET...    Background (short version): Was all fine with more than min. payment (£500 or so), being made until April 2020 when a number of things reduced my monthly salary from work (mainly, take a pay cut or be made redundant), so I soon quickly realised i needed to tighten my belt quickly. Phoned Amex, advisor said nothing they could do except Payment Holiday. Was put onto that for 3 months, told that Amex will be in touch at the end to restart payments. I asked about interest being stopped/frozen/reduced - not possible. So agreed to payment holiday to give me breathing space. 3 months came and went, no contact from Amex... No payments made, interest still racking up at around £300 a month...    Rang Amex back (July 2020), we cant do anything today because your in the middle of the statement cycle call back next week. Called back week after, no solution yet (i asked about things i seen on Amex US website = Regain program - basically freeze card, lower interest rate and pay a set amount for 12 months - more about this later) > Not available in UK yet.   Want to stay on payment holiday Mister B? I asked if there was any way interest could be stopped as this is making the balance increase and increase. No. Do you want to stay on Payment Holiday? Ok. (Bear in mind, if i came off Payment holiday. Minimum Payment was around £570 per month.  So, stayed on payment holiday... Didnt hear anything from Amex again. Called back up in September 2020. Please call back in October after 10th and we can assist.   Called back after October 10, went through loads of stuff, different options etc, was warned that Payment Holiday might not be extended much longer, but now have a program. Worked out with Amex woman that i could pay around £200 per month. But please stop interest - no we cant but we can reduce this down to 9.9APR instead of 23%... . Amex woman said she needed to submit details to 'Seniors' at Amex, please call back next week for update.   Called back week after, advised that first Amex woman was wrong and had made mistakes, shouldn't have told me what she had told me, £200 is too low, minimum would be £389 per month for 12 months or account will default. Told Amex woman 2 that couldn't afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is minimum they can possibly accept, 12 months at that amount per month and interest would be lowered, but not stopped. If you dont take out this 'Program' then account will default and will be passed to NCO or Arrow (I hate them both).  Went off, tried to get loans etc, all refused. Rang Amex back, reluctantly agreed so i can keep credit rating at 'good'.  So, been paying since Nov 2021 @ £329.74.    Letter arrived in December - due to out mess up with moving accounts around whilst on payment holiday, we are going to give you £3074 back. Logged into account, only £30.74 refunded, not £3074. Phoned Amex cos thought it was a joke/mistake - Spoke to some bloke - Oh dont worry, the rest will be applied to account automatically in 7 days. he advised was genuine but then got cut off during call. Called back, spoke to some other bloke, yes, looks genuine but please hold... Came back 10 minutes later. Oh, its a mis-print, you are not the only customer to receive one of these. Each should have been £30.74 not £3074. Me = Gutted.    Wrote a letter to Amex saying how dissatisfied i was with general customer service and felt they were incompetent, blah blah etc. Final response received, Complaint partially upheld, heres £150 credit because we were a bit silly, but thats it. IF your still not happy, go to FOS. Opened a case with FOS... Have sent them the complaint letter to them and have had a call from them about this... FOS are backlogged though and will take another 3 months for complaint to be looked at by them.   Let me make this 100% clear, fully admit to owning the debt, yep, ive spent this money (wish I knew what on, cos having got much to show from it - just general stuff and holidays)... Not trying to shirk out of it, trying my best to keep up with re-payments but im really struggling. After I got paid on 1st April, after paying all outgoings i had £9.83 left in current account so am having to go into overdraft each month which is just a vicious circle.  I would really like to NOT have to down the default route and trash my credit rating and then have to deal with the morons at NCO / Arrow etc.    Meanwhile, this is where I need the advice of the CAG experts... - Credit Limit increases... These were coming every few months and it was just being upped and upped and upped. Credit limit eventually was stopped at £15,400. Some of the increases I never even received letter for, just noticed when I logged into account. >>>> Would this be a case for irresponsible lending?   - Stopping interest - I've read something on FCA site that they recommend (not policy) that if a customer is put onto a payment holiday then they recommend freezing interest for customer so the debt doesn't continue to build. I've asked time and time again, Amex just refuse.  >>>> Any tips on how to get Amex to play ball?    - Full & Final/Short settlement I've rung Amex today, told them I might be able to pay it off. Initially they said full balance, i then pushed, they then said they would accept 80% of balance, pushed them a bit more, got it down to 70%. >>> Surprised, and then very surprised they would accept 70%, anyone else think this is a bit odd? Normally they wont budge, or they wont budge from their first offer... Could their be something wrong on account (missing CCA etc?), or do they want rid of me and account as much as I do with them?   - Cant really keep going at these £329.74 repayments. Something is going to have to give somewhere. I believe they wont go any lower and they will just default it i send £100 instead of £329 and send it out to NCO/Arrow. This might not be a too bad thing though because this would stop the interest right? Anyone thoughts on this?    Anyone think of anything else I could try with them? Again, its still with Amex, not defaulted or anything yet, yep, its all my own fault, i've spent the money, dont deny that, just feel Amex have took advantage etc.   Many thanks for reading. Any advice is greatly appreciated.   Kr, Mista B.     
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Court Next week! **ANOTHER BARCLAYS WON**


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A reply to Barclays defence.

Details of Acts of Parliament and cases I will be referring to. Including Unfair Contract Terms Act 1977, Supplyof Goods and Services Act 1982 and, of course, the 1999 legislation (sections 5, 8, and Schedule 2(1)(e)). I have highlighted relevant sections.

 

 

What did you put in a reply to the barclays defence?

 

And where do I get the other information? any chance you could send me some stuff on a email?

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Sorry to jump in on this thread. I would also be very grateful if you post in an open thread or PM me some pointers as to where to find the documents needed to submit to the Court.

 

 

Cheers

Spotty

[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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OK this is what I have put together so far.

 

Let me know if you need any of these as some were hard to find using google:

 

List of charges to date

List of letters sent to Barclays

 

Unfair (Contracts) Terms Act 1977 s.4

Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). Supply of Goods and Services Act 1982 s.15.

OFT investingation

 

Well I think I have the above docs but having trouble finding the relevant sections in them :(

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Have you submitted an Allocation Questionaire to the court yet?

 

I have merged your three threads together and deleted the duplicate post in general. Please try to keep each claim in one thread if possible.

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Mervalous

 

Would it be possible to either post or PM me with a link to a copy of the Unfair (Contracts) Terms Act 1977 s.4, I can't seem to find one on the site or on the OPSI site.

 

Many thanks in advance

Boon

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Yes, I have recieved a letter back from the courts informing that date is TBC and that I need to send all docs to both barclays and the courts 28 days before the court case.

 

Thats why I'm running around trying to find out what docs we should send, there doesnt seem to be a definative list anywhere.

 

Have you submitted an Allocation Questionaire to the court yet?

 

I have merged your three threads together and deleted the duplicate post in general. Please try to keep each claim in one thread if possible.

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Mervalous:

 

I am at the same stage as you. I am going to submit all of my evidence today, and spent the last week preparing everything.

 

I have included:

 

A copy of all correspondence with the bank.

A breakdown of charges + interest.

A summary of the dispute to date.

A reply to Barclays defence.

Details of Acts of Parliament and cases I will be referring to. Including Unfair Contract Terms Act 1977, Supplyof Goods and Services Act 1982 and, of course, the 1999 legislation (sections 5, 8, and Schedule 2(1)(e)). I have highlighted relevant sections.

A copy of the OFT Report on Default Charges [downloadable from OFT website].

 

I hope this helps.

 

 

Hi,

 

I have just recieved Barclays defence through the post. When returning the questionnaire to the court do I need to include any of my responce etc, or is all of that done later?

 

In regards to your quote above would you possibly be able to post any links to the relevant documents so I (and others) can have a scan through them?

 

Much appreciated....

 

:D

 

PS: I too recieved the same defence as everybody else seems to.....

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No documents need for the questionnaire, well I didnt bother as it says something about not needing to on the form.

 

I dont know where I found the above docs but if you cut and past the names into google it should bring you loads of links, thats what i did and just saved them on my PC now :)

 

hth

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Andyroo & others seeking information:

 

I started by including all letters which I sent to Barclays, and received from them. I put these in chronological order. In hindsight, although I didn't include it, I would have also sent a copy of the letter which Barclays normally sends when it charges you £35 (The one that says We are charging you for having insufficient funds in your account, blah blah blah). If you choose to do this, write above it, "Sample Letter" (which, when accepted into evidence, will prove what Barclays have been doing, adding to your argument that it shouldnt cost £35 to only write this letter!

 

As far as the legislation is concerned, I used the Google search engine to find specific mention of the names of the Acts. I typed in the names of the Acts (e.g. "Unfair Contract Terms Act 1977"), and there were a few hits. Some of these sights allowedyou to print off the relevant sections of the legislation.

 

Other useful sources of information:

Govan Law - Resources: penalty & unfair bank charges | legal help from Govan Law Centre, Glasgow, UK

Bank Charges Hell - bankchargeshell.co.uk - Bank Charges

St Brendan's Law - Information about contractlaw and terms - Saint Brendan's - Law pages - index

 

Don't forget to include a copy of the OFT's April 2006 report on Default Charges - downloadable & printable from the OFT website http://www.oft.gov.uk. Before sending a copy of this to Mr Jeremiah (or his other assistants) and to the court, read through it, and highlight the relevant bits of the report. The judge will appreciate this, rather than having to trawl through the wholedocument. Notice, the end paragraph mentions that, although the Report focusses on credit card charges, its findings should also be applied to other banking services, such as overdrafts etc!

 

Good luck in your research. Please pmmeif you get stuck on any of the above.

 

PS: Although I've submitted my 'bundle' of evidence to both the bank and my local court, well before the deadline, the final deadline day for the bank to do the same was today, and no docs. have been received by either myself or the bank. Does this mean Barclays cannot produce any evidence???!!!

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Sorry to be a pain but I have had a quick look at the OFT site and cannot find the 'April 2006 report on Default Charges'

Could you post a more specific link please

 

Cheers

 

Spotty

[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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Thanks Mervelous

 

Spotty

[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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can someone please tell me the relavent parts of these acts?

 

Unfair (Contracts) Terms Act 1977 s.4

Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e).

Supply of Goods and Services Act 1982 s.15.

 

or even better if someone can send me all the things they are sending to barclays. kind have left it to the last minute so a quick responce would be appreciated. ie have to put in postoffice tommorrow with special delivery, to get there monday.

 

many thanks in advance

 

James

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Hello - just out of interest can you confirm the content of your response to the banks defence - I am coming up to this stage and would like an idea of what I can put that can carry some weight - thanks in Advance

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Hello - just out of interest can you confirm the content of your response to the banks defence - I am coming up to this stage and would like an idea of what I can put that can carry some weight - thanks in Advance

 

yeah np

 

unfortuantly i am not at home but will be tomz so i will let you know then!

 

James

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can someone please tell me the relavent parts of these acts?

 

Unfair (Contracts) Terms Act 1977 s.4

Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e).

Supply of Goods and Services Act 1982 s.15.

 

or even better if someone can send me all the things they are sending to barclays. kind have left it to the last minute so a quick responce would be appreciated. ie have to put in postoffice tommorrow with special delivery, to get there monday.

 

many thanks in advance

 

James

 

that would be very handy indeed.

 

Can someone help us?

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no, just putting together everything I need. so far I have the oft document (want to highlight relvant area's), all corisponance between me and Barcalys, list of charges.

 

anything else?

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If they settle before the court date, send a letter to the court informing that they have settled with no new information coming to light and that in your opinion they are wasting the courts time by dragging out yours and other cases with no intention of defending - which Barclays seem to be doing with everyone. I'm waiting for the allocation questionairre now , however, i am cofident that they will settle before a court hearing- and I will be sending a letter to the court when the time comes.

 

I don't know if it will serve any purpose but its worth a try.

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Good luck too

 

I am at a similar stage to you - AQ has been sent, now waiting for Court date

 

Spotty

[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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...I've submitted my 'bundle' of evidence to both the bank and my local court, well before the deadline...

 

Ive just sent back my court questionnaire, how long after did you get your deadline to supply the evidence?

 

Many thanks. :D

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