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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

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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.

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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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Charlotte v barclays **WON**

charlotte owen
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charlotte owen

charlotte owen

Posted
Posted

Hi, I have been reading everyones stories and i am so happy that i am not the only one out there suffering these terrible charges. I have read through the library and FAQs and am about to post my first letter requesting £550 overdraft charges back one of which i recieved yesterday. Am i correct in thinking i have to send my letter to the customer relations team not my local branch?

Wish me luck. Thanks for all the fab advice and well done to everyone who has not given up in getting there money back!!

charlie

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Spiceskull

Spiceskull

Posted
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Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 7 months later...
charlotte owen

charlotte owen

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Well the 28 days are up and barclays have filed a defence! I started the claim through moneyclaim on 22nd September and now it cannot be dealt with through moneyclaim anymore, so i am waiting for a date for court. (scarey stuff). barclays seem to hang on the longest don't they? Well when its all over my bank account will definately be moved elsewhere!! Good luck everyone else in this situation!

xx

charlie

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livelylad

livelylad

Posted
Posted
hey ive just started out wanting to make my claim not really sure how to go about it or where to start could you help me??:confused:

 

im with barclays aswell!!

 

thanks

 

Gary x

 

Hi first read the faqs and threads in the Barclays forum. Secondly start your own thread that way you wont get lost in this one. :D

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jendoc

jendoc

Posted
Posted

Hi......You should now get an A.Q. along with a copy of their defence and this will of course set you back further expence. However I can assure you through personal experience that the extra cost and time involved will be well worth it in the end!......Best of Luck!

 

Jendoc

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livelylad

livelylad

Posted
Posted
Well the 28 days are up and barclays have filed a defence! I started the claim through moneyclaim on 22nd September and now it cannot be dealt with through moneyclaim anymore, so i am waiting for a date for court. (scarey stuff). barclays seem to hang on the longest don't they? Well when its all over my bank account will definately be moved elsewhere!! Good luck everyone else in this situation!

xx

 

Dont worry you will be fine. ;)

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jendoc

jendoc

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Posted

Hi......in short......when returning a completed A.Q. if the amount being claimed is or less than £1,500 then it is free!..However if the claim is over £1,500 the cost is £100 which is of course returnable as part of your overall court costs when you win!

 

All other Court costs are via the link above in 'Livelylad's reply.

 

Jendoc

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livelylad

livelylad

Posted
Posted
Hi......in short......when returning a completed A.Q. if the amount being claimed is or less than £1,500 then it is free!..However if the claim is over £1,500 the cost is £100 which is of course returnable as part of your overall court costs when you win!

 

All other Court costs are via the link above in 'Livelylad's reply.

 

Jendoc

 

In the link if you scroll down it states the Allocation track fee.

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  • 1 month later...
charlotte owen

charlotte owen

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Well, i have got my date and it is the 21st December 06 at 10am which is much quicker than i had imagined it was going to be! Good old Barclays they keep going to the end don't they! I know it is probably a dim question but how will i know if they are going to settle out of court? What is the latest i will hear from them? Is it ever on the actual day?

I really hope everyone out there who is going through this process doesn't accept anything other than the full amount owed, just remember it's your money!

charlie

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Welshman

Welshman

Posted
Posted
Well, i have got my date and it is the 21st December 06 at 10am which is much quicker than i had imagined it was going to be! Good old Barclays they keep going to the end don't they! I know it is probably a dim question but how will i know if they are going to settle out of court? What is the latest i will hear from them? Is it ever on the actual day?

I really hope everyone out there who is going through this process doesn't accept anything other than the full amount owed, just remember it's your money!

 

It would be helpful if you keep your posts in your original thread sio that we can follow your progress Charlotte. I've arranged they are merged.

 

What Court are you in. Is it Cardiff? If so you'll probably find that it's a Directions Hearing, not the final one.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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charlotte owen

charlotte owen

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Well Blow me down with a feather !!!!!

 

As i sat at home trying to work out the court bundle a lovely letter from barclays landed on my door mat saying :-

 

As you can see from our defence, we consider your claim lacks meritand that it will fail ( i love that bit) in particular we disagree with your legal analysis that the charges levied to your account with barclays amounts to penalty clauses and are unfair. We do however, recognise that the sum at issue between us is relatively modest and as such, it is not cost effective for either party to take this matter to trial. Therefore, in order to avoid the inevitable time and cost associated with pursuing the claim to trial, we are preppared to settle your claim upon payment of charges applied to your account, together with the statutory interest and costs totalling £380.00 subject to the terms set out in this letter.

This offer to pay £380 is in full and final settlement of your claim and is strictly without any admission of liability on our part. By accepting this offer, you agree that the existence and the terms of this offer are confidential between us. (Not likely)

If you agree to the terms of this letter please sign and return a copy of this letter to me (Celyn Evans Legal clerk) at the above address within the next 7 days. You will also need to notify the court in writing that you have dicontinued your claim against us. Please forward a copy of your letter to the court when you return a signed copy of this letter to us.

 

Should you decide to reject this offer, then we reserve the right to disclose this letter to the court.

 

Do i have to sign this particular letter? I don't agree to not tell anyone! after all i just have told everyone! Ha Ha.

Also the £380 doesn't include any interest, i never asked for any but they have put in their letter they have included it. What should i do?

 

To everyone who is thinking of taking the pathetic offers they put out at the begining of the process DON'T ! Just give it a go, does this not show what they are all about? they push you to the very end hoping you will give in, and unfortunately lots of people still do!

 

GOOD LUCK !!

charlie

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Welshman

Welshman

Posted
Posted

If you don't agree, send this letter

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html .

 

Obviously you've already got a court date so amend the letter accordingly - maybe reminding them that your court date is just around the corner.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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charlotte owen

charlotte owen

Posted
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Hurrah,

I rang up MR Celyn Evans and explained that i didnt accept the terms and conditions to the payment so he said i could just cross through anything i didn't agree with. So i did just that and faxed him the copy and put the original in the post and 20minutes later he rang me to say the money was in my account ! So a right result !! Hurrah !!

charlie

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SuJ

SuJ

Posted
Posted

Hi Charlotte,

Well Done, I am at the stage where Barclays have just filed defence and I was beginning to give up hope, scared about the next stage, but reading your thread has helped.

Thanks

Su J

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rob02

rob02

Posted
Posted

hi, iv sent 1st letter and charges sheet off and barclays have replied with a "dealing with ur complaint" letter how long do they hav 2 send me a propper letter saying wot they intend 2 do abt it iv been readin every1s input n realise barclays r very slow at dealin with these things just want 2 no how long iv got b4 i can get grrrrrrrr n get intouch with them thanks a lot

good luck 2 all that r in the middle of their claims and well done 2 all that have won

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  • 12 years later...
charlotte owen

charlotte owen

Posted
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This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

charlie

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