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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Action at last!!!


clairec
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I have finally bit the bullet and filed my MCOL!!!!! I never recieved a second offer however whenever I call them regarding day to day running of my account they keep telling me HO are looking into it!!!!!!

 

Now I have a problem.....My spreadsheets have a total amount for charges then interest then judicial interest. I did not include the figure for judicial interest on my MCOL total amount as it will be ongoing (i think?) However I did include the part in my particulars of claim regarding the daily amount of judicial interest.

I am going to post my spreadsheets to the court manager do I leave of the judicial interst amount? And what letter do I now send to the bank with copies of the statements (do i leave out the judicial interest on those to)?

 

I had sent copies of spreadsheets with LBA originally but have had more charges applied.

 

I feel like i'm in a pickle......Please HELP!!!!!!!!!!!!!!!!!????????

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Hi Claire

Dont panic im sure the sec69 can be added at the AQ stage ( although if it is on your SS you have to send a copy to Woolwich/Barclays and the court anyway so it will be on their anyway just enclose a covering letter with them explaining this.(and dont forget to clearly mark your Case number on everything you send to the court and W/B).

If you have had more charges applied do a seperate sheet and send it with the others.

Once you have filed you will i believe have to save them for another time:(

 

AL:)

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

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Thanks Al! Think I was just getting in a flap because I want to make sure its done properly.

 

I will send statements with Judicial interest amount included. In letter to the bank do I just inform them I have started court proceedings and I am including a detailed copy of figures for their reference, will that cover it?

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I do not think that is correct regarding including SI at AQ stage. Personally I would amend your claim. To amend use this form:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

Once you file your claim, then you cannot add further charges with applying to amend it formally, normally this delays the whole process, usually better off waiting and then starting a new claim once the initial one is completed. However, in the case of your interest should amend soonest.

 

Anyway, as you filed on line send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours faithfully

 

 

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I have recieved notice of issue. So at the moment i'm tring to get one step ahead and get my court bundle ready. I'm a little worried though as I'm not 100% on some of the details and jargon, I guess I'm just gonna keep reading over it till it sinks in and makes sense!

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As said before I am trying to get my court bundle ready. Printing 3 lots of everything but I am now wondering if I should wait until I receive Notice of acknowledgement (just thinking of all the trees)!!!! Or court date?

Also do I need to photocopy my bank statements 3 times as there are about 80 odd pages worth.

Any advice much appriciated! Thanks guys and gals

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I never bothered with the bundle at all Claire (It was because of the tree thing not laziness;) ).

 

I was always aware I may need to, but your okay for a good while yet. When you get your court date (or post up if something happens in between) call Barclays and they should settle within the week:)

 

JMHO.

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Hi Clairec as you say im at same point as you, Methinks its time for them to shuffle all their paperwork for a change and worry about court. Let them check their bank balance cos its gonna go down a lot, with all these payouts !! they may even go over their overdraft limit eh???

 

DELBOY

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Thanks paddy and thai once again!! I hope i won't get as far as the court stage. They have until 11th march to acknowledge. tick tock......

 

Claire its very very unlikley to get to court IMHO so dont panic.

 

AL:)

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

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Hiya all! Just another wee question....

Person living at english address (for MCOL) is going to be away all next week as mentioned before woolwich have until 11th to acknowledge claim (next sunday) do you think this would pose a problem for me if anything arrives by post to that address while she is away?

 

P.S Thai has some under the counter bank vids available (claire chuckles uncontrolably)!!!!

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That won't pose any probs Claire, you won't be needing to do anything for a couple of weeks at least because Barclays will intentionally drag thier heels to max out your wait. Having said that they are soooo busy these days they're probably left with no choice but to need all the time afforded to them by the process.

 

Thai has no under counter vids, Thai not live in dark ages, Thai have Broadband;)

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  • 2 weeks later...

Hi there just to keep you updated I have received Notice of Acknowledgement stating that they intend to defend! Tomorrow I will post copy of schedule of charges to banks legal Dept then do I just wait 28 days and see what happens? When would I receive AQ?

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You don't need to send SOC at this stage, unless they don't have one already, they now have 14 days to defend (plus the extra bit Barclays like to abuse the proces with). Thier defence should arrive via court communication with AQ included. Your doing great hun x

 

It goes without saying, fibs aside, they have no real intention to defend - you shall be paid before they show the nation what they are really all about..:rolleyes: prciks;)

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Thanks once more Thai!

I'm really getting into this now, the more things progress the more certain I am that I'll have all my money back soon so much so that I have got 6 of my friends and relatives starting to claim back charges too, when i first told people what I was doing they thought I was mad taking on a big financial org but with all the press and tv coverage they have been asking me what to do. I have put them onto this site and gave them copies of the template letters they need to get them started and its all thanks to people like yourself and the many others on here that this major kick up the banks ass is happening. POWER TO THE PEOPLE!!!!!!!! xxx

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Sounds like your gettin' the bug Claire! it gets a bit addictive - giving banks a taste of thier own medicine:lol:

 

Good luck (not needed of course) to all your mates.

 

Make sure you stick around after you've scerwed Barclays to the floor:lol: :lol:

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Just want to check in case you have not done so, that despite post 69 you do need to send a copy of your schedule of charges as post 54 to the court and then to whoever is representing the Woolwich as you filed using MCOL.

If I have been helpful please click on my star and add a comment.

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Im confused here GuidoT are you saying its because claire filed using mcol she now has to send SOCs ? and that those of us who submitted SOCs when filing our claim personally to the court (not via mcol) dont need to???.

 

As that is what I did I presume I dont need to do anything but wait for the AQ.

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Delboy01 - With MCOL you cannot attach the SOC - they need to sent separately.

 

If filed the traditional way by post or in person you should have attached the SOC to your claim form (N1) so there is no need to send a further copy.

If I have been helpful please click on my star and add a comment.

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