Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
        • 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
        • Like

Rutland V Barclays


Recommended Posts

Sent the standard Data Protection Act letter on 19th September for my 2 accounts (1 private & 1 business). 1stly Barclays for the first time in over 20 years gave me something for nothing, they returned my £10 cheque!! However they haven't quite played cricket with me. I have had my business account for over 20 years and they have only sent me statements dating back to Dec 1997 for both accounts - is this correct - do they only have to go back so far?

2ndly they have spouted a big long paragraph to me with regards to the manual intervention. Quote ' the DPA does not oblige the bank to comment about internal policies and procedures.' It basicly says the bank does not hold that information and they are not going to find it out because they don't have too.

I know from all the notification of charges that I have received from barclays over they years, a huge amount of the charges have been because some person has had to check my account daily (Barclays words when I have questioned them about it). How do I claim these charges back when I only have lump sums showing on the statements which include debits/credits charges plus the paid referal fees.

I now have the statements and just going back as far as 1997 I feel embarrased and an idiot that I have been taken for a ride for so long. No more!!

Any help that anyone can give me would be greatly appreciated

thanks

Link to post
Share on other sites

Hi Rutland, welcome to the family.

 

2ndly they have spouted a big long paragraph to me with regards to the manual intervention. Quote ' the Data Protection Act does not oblige the bank to comment about internal policies and procedures.' It basicly says the bank does not hold that information and they are not going to find it out because they don't have too.

Don't worry about manual intervention. They have just told you in the letter that they have no records of manual intervention. Makes it very difficult for them to introduce it as part of any defence.

 

All that really counts is the charges over the last six years. Those, you can claim back easily. Over six years and you run into the statute of limitations which, although it has been challenged recently, it is by no means certain. You have to prove that the information had been deliberately kept from you at the time or that fraud has been commited...... Not an easy path to follow.

 

I know from all the notification of charges that I have received from barclays over they years, a huge amount of the charges have been because some person has had to check my account daily (Barclays words when I have questioned them about it).

Think how many accounts that the bank has. How many staff do they employ?

Certainly not enough to physically check every account.

 

D/D rejection, Overdraft warnings and cheque stops cost only coppers to implement. Each one is detected within a few operating cycles of the computer. (Minute fractions of a second). Letter is printed automatically. Your name and address is retrieved from the computer database. Letter is folded and inserted into envelope by a machine. Envelope is then franked for postage. The sheer volume of post that the banks generate each day gives them the advantage of lower postage rates.

 

They used to advertise sugar as being so pure because it was untouched by human hand.

 

Your letter from the bank is the same...... the first human hand to touch it is yours..... when you open it.

 

Start your own thread in the Barclays forum and post any questions and progress reports there.

 

Good luck with your claim.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...