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    • It is important that you do the reading about this subject in the sub- forum. It's not complicated but you need to be in control and I don't think you are. For instance, much of the information you need and also the case transcripts that you're looking for are in the fixed topics at the top of this sub- forum but clearly you didn't know that. You will gain in confidence if you do the reading. Particularly as it now looks as if the mediation has not worked because EVRi have stayed you up and so you may now be going to trial. You need to understand thoroughly what you are doing. We will help you and you will find our support is unstinting but you have to do your part. Please spend a lot of time reading the stories on the sub- forum especially the pinned posts at the top of the sub- forum and then start preparing your court bundle. We have instructions here for everything
    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
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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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Getting Nervous - **WON**


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Getting a little bit nervous now. One week to go until my court date and still no contact from Barclays.

 

Thought I would list my timetable in the hope that it may help others.

 

Mar 06 - Sent 1st Letter requesting repayment of MY MONEY taken in charges.

Apr 06 - Received Letter from Barclays saying they were disappointed I wasn't happy etc...

Apr 06 - Sent LBA

Apr 06 - Received Offer for £475 as 'a goodwill gesture' - Claiming £1500

May 06 - Politely declined offer and said I was disappointed with there response and allowed them 14 days to pay Full Amount.

Jun 06 - Letter received saying sorry I didn't accept offer and they regret I feel I have to go to court.

Jun 06 - Used Moneyclaim to procedd through the Small Claims Court.

Jun 06 - Acknowledgement received and Barclays will defend the claim, signed by Keith Jeremiah.

Jul 06 - Received Defense and Allocation Questionnaire and informed that case has moved to my local Magistrates Court.

Jul 06 - Confirmation that case has been received by local court.

Jul 06 - Barclays return Allocation Questionnaire at last moment.

Aug 06 - Court Date set for 30th Oct 06

 

One week to go and heard nothing from Barclays, getting nervous.

 

Is this normal? ( The lateness for Barclays to contact, not the nervousness)

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I think I read another thread recently from a Barclays customer and they had to wait until about 5 days before the court date but then, surprise, surprise, Barclays paid out in full.

This seems to be their latest tactic and I suppose from their point of view, it makes sense, if they can make you back down by hanging on and on and letting you get nervous, they stand a chance of keeping at least some of your money.

I think it's probably best to prepare yourself as though you are going to court but remember, they'll give in before you do!

If they actually did go to court, and lose, the floodgates would be open and they really really don't want that.

I'm waiting for them to file a defence, they've got until 28th, so I'll be following your case with interest - Good luck!!

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Good luck. Barclays usually leave it to only a few days to go.

But as Vamp says you may have to go to court. Even if you do - you will be on your own.

 

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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Well good luck i find it a great help to know others are in the same situation. My claim with barclays is going along the same lines as yours i paid my money through moneyclaim the 28 days are up and they have filed a defence so it is no longer being dealt with through moneyclaim. I am dead nervous but as someone said they will give in before us!!

Good luck again and i look forward to hearing that you ve got your money back ! (hopefully without going to court!)

charlie

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Good luck MightyMorph...I'm dreading the thought of stuff getting to Court, has anyone actually got to court and had Barclays turn up do you know? It seems to me that Barclays never turn up?

Barezi

 

12 Oct...Preliminary letter sent req £1320 + interest.

28 Oct...Sent LBA

10 Nov...Rejected £700 full/final settlement

23 Nov...filed MCOL

27 Nov...Barclays have until 13th Dec to respond.

12 Dec...Barclays acknowledge claim.

16 Jan...Case transferred to local court 16th is AQ deadline!

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Hi Mighty Morph, Just wondering if you could advice me. I am currently filling in my allocation questionaire and have got to section g (other information) Not too sure what to put and was wondering what you wrote in that section? Any help would be gratefully recieved.

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UPDATE

 

Court Date 30/10/06 @ 10.30am

 

26/10/06 Thursday - Telephone Call from Barclays at 6pm at home , stating a letter was in the post offering full repayment including court costs, did I accept.

I told them that when I had read the letter I would be in a position to answer.

 

27/10/06 Friday - Barclays faxed a copy of the letter to my works ( they are getting nervous). I read the letter and marked through the confidentially part, signed and faxed back. They called me to acknowledge receipt and stated that when I had cancelled the court date if I faxed a copy of the letter I gave to the court, they would release the money back to my account.

 

GOOD NEWS - Money in my account by 6pm on Friday 27/10/06

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stated that when I had cancelled the court date if I faxed a copy of the letter I gave to the court, they would release the money back to my account

 

They said the same to me. Slight hijack, but a warning to EVERYBODY: Do NOT tell the court the claim is withdrawn until you have the money in your account!!!

Fair dues to Barclays, they have never done it so far, BUT we have had other banks not paying after they said they would, and OP had withdrawn claim, and it's a huge hassle, as you can imagine.

 

Barclays have no right to ask for this before they have paid up. By all means, fax them an unsigned copy of the letter you'll give the Court, and make sure they know that the original will only go to the court once you have your money, not before!

 

Mightymorph, CONGRATULATIONS!!! :-D :-D :-D

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Congratulations from me too !!!

 

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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