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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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Laineybelle V Barclays ***WON***


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As it was just one charge you may be able to have this dealt with at branch level. Call your bank manager and tell them that you want this charge back and why - it has worked for me a number of times.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Hi, thanks for reply.

 

I do think though that it is our fault that we did not have the money available as I was aware that we would be slightly short but was not in a position to rectify it in time.

 

I think we deserved a charge but I just wish these banks would sort themselves out and start charging a more reasonable amount. £38 is ridiculous.

 

The credit card companies have been made to reduce their charges to £12 why can't something be done about these banks NOW. It's just a never ending circle otherwise. Half of us only go to claim our money back because it is such an unreasonable amount.

 

I don't really know how I can explain why I want the charge back. I don't really want them to know we are in the process of claiming our money back from Barclays as we do have a reasonable relationship with RBS at present.

 

I was amazed to read a thread yesterday (forget which), where someone said they just rang Barclays after they received a partial offer following a LBA and said to them, did Barclays really want to ruin this good relationship they had at present and Barclays apparently refunded the whole lot back to them bar about £80. Amazing result just from a phone call and saved any further action. They must have caught them on a good day!!

 

Regards

Laineybelle

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we went over our overdraft the wednesday before chrisrmas by £20 and got charged £30 thus making us £50 over,my wages went in on the thursday clearing the overdraft.it turned out that we were over the overdraft for about 4 hours.

we phoned the bank on the friday to explain and they agreed to put the money back in as a gesture of goodwill.

gotta be worth phoning as £38 is a hell of a lot of money when things are tight.

good luck anyway.

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  • 3 weeks later...

Hi all,

 

Just to update.

 

We have received our AQ this morning. It has to be back by the 5th Feb and at present is still being dealt with by our local Court, although I realise there is still plenty of time to change.

 

I am now madly reading up on other threads etc to decide which route to go down ie. new or old AQ. Any advice would be greatly appreciated although due to me not really understanding a lot of what I do even though I read up as much as I can, I think I will follow the old one. It may take a bit longer but I am less likely to mess it all up.

 

One thing though, is it normal to get an attachment about a Court Mediation Service being offered? I have to fill it out and send it back with my AQ.

 

All feedback, advice etc welcome.

 

Regards

Laineybelle

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Sorry, one more thing.

 

Following my previous but last post, I have discovered more charges from RBS than I realised. We have had our account with them for over a year and not had one charge (which is really good for us going on our past with Barclays) then we had £124 over the December/Jan period which I was really mad about.

 

I rang to speak to someone and was horrified to discover that they would only be interested in discussing any refunds if I went in for an overview on our account with a view to taking out a loan. Our account has no where near got that bad but I almost felt blackmailed by the response and there is no way we need a loan. Anyway I cut the call off by saying that I would write to head office as I wasn't getting anywhere with him (with a view to sending a prelim letter), I did not mention what type of letter I would write.

 

My question is should I just go ahead with the prelim letter (which seems a bit drastic at this stage and for a very small amount) or send a friendlier letter requesting a refund and even let them know that I am in the process of taking Barclays to Court for the very same reason. I would be happy with half of the charges back as I do like this bank and don't want to 'fall out' with them.

 

Laineybelle

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Hey Laineybelle!

 

My AQ has just come through too, so I am also busy trying to get my head around the next leg of events! Exciting aint it!!! Anyway, I also had one of those mediation flyers with my AQ letter, so I guess it must be a routine thing.

 

I had to laugh when I read that your court was in the same building as your barclays bank, ha ha!

 

Good luck!

 

Rich

**WIN** Barclays round 1: £2118.45 - full settlement 18th April 2007 (7 months in total)

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Hi Rich,

 

Wow, I can't beleive how easy the AQ was to fill out, I wish the rest was like that!!

 

I have decided to go with the old AQ though as I don't think I can chance messing up with the new one, I am happy to wait out this last leg and go down the well tried and tested route.

 

Do you think the mediation thing is something we should be filling out?

 

Yes the court thing is quite hilarious really. Even funnier will be when we write a Barclays cheque from the account we are claiming, for the £100 fee left to pay. Put that in your pipe and smoke it Barclays!!!

 

Let us know when your court date is Rich we can compare notes!! Race to the finish eh!!!

 

Good luck to you too

Laineybelle

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I'm unsure as to why you're keen not to "fall out" with the bank?

 

they're not your friends, you're just another faceless "customer"

(EDIT ) who has gone overdrawn so they've applied the standard ( EDIT ) charge to your account.

 

just as you know it's not the nice person behind the counter when you go into your branch that is to blame, they also don't really hate you for the fact they can see you're claiming back a charge!

 

 

Moderated .. Please do not post anything on this site that may be seen as libelous , thanks

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Hey Lainey!

 

I'm going to crack on with my AQ on the weekend - may well do the older version too - need to read and compare!

 

I'm not sure about the mediation thing. I might ring the helpline to get some advice and try and get some info from them to see if people are using mediation with banks

 

Anyway, will let you know how I got on with the AQ - until then, the race is on, ha ha! :)

 

Cheers, Rich

**WIN** Barclays round 1: £2118.45 - full settlement 18th April 2007 (7 months in total)

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Hi all,

 

Have filled our most of the AQ and pretty much decided to follow the old faithful route (tried and tested) as can't really get my head around 'new version'.

 

Just waiting for £100 funds to be available (may have to be Barclays cheque!! tee hee).

 

Can anyone answer whether we should fill in the mediation form that arrived with the AQ. Also I recently read a thread where someone was told to include another schedule of charges. It obviously isn't a problem but is that really necessary? The Courts have had a copy with the original Claim form.

 

Last thing is concerning these recent charges £126 in a month (not with Barclays though). Is the prelim letter not a bit strong for such a small amount, would a letter just asking for a refund to the local branch suffice and if so can I mention that I am in the process of claiming against another bank.

 

Sorry to repeat my questions but no answers as yet.

 

Thanks

Laineybelle

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Hi there,

I wouldn't bother with the mediation form, it is just a standard thing I believe. i would pop another scedule in with the form if I were you, if you have it on your computer as a spreadsheet then it is already done and automatically updates itself.

With regard to RBS I would send a prelim letter as a letter to customer services won't get much of a response I guess!

Good luck!

Claim for £3,044.86 ongoing with Barclays-soon to be complete-I hope!!!Won for the Daughter £915 from Barclays!!!!!

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Hi all,

 

I am going to hand my AQ in today just in case Barclays do it early as well and then hopefully we can gain a few days on getting a court date.

 

I have my Barclays cheque to pay the £100 fee with (hope Barclays don't refuse to pay it!!!).

 

My question is that I double checked my charges last night just to make absolutely sure they were exactly right so I know what I am asking for when it comes to talks with barclays and I have found one slight mistake.

 

We had a charge on 16/07/03 but have put 16/06/03 by mistake. Can anyone recommend what to do. Shall we leave the date as it is so that it is the same as previous schedules that have been handed in or change it on the new schedule now. If I change it do I need to tell the court and also let Barclays know?

 

Regards

Laineybelle

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  • 4 weeks later...

Hi All,

 

Just thought I'd let you know we finally have our Court Date for Friday 27th April at 1.00pm here at out Local Court.

 

It is the day I break up for a little holiday so we will hopefully have something to celebrate, like a big fat payment in our bank account!!!

 

I now have the rather large job of getting the Court bundle ready...........here we go!!!!!!

 

Regards

Laineybelle

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 1 month later...

Hi All,

 

Just returned after a break and am getting my Court Bundle together to hand in to Court today and post to barclays on overnight today so the Bundle reaches them by Friday which is my deadline.

 

I have everything printed off the basic court bundle and all correspondence between me and Barclays plus my statements and schedule of charges. The only thing I can't find which I have read someone else added in is the 'house of commons select committee on treasury second report, transparency in charging' and a report by Kendal Freeman on liquidated damages 2005. Are these things I should include?

 

I was also going to include the newsletter received by the action group highlighting all the most recent happenings in the news etc re. bank charges.

 

Is there anything else I should be adding that I haven't, eg. anything from myself like a statement?

 

Thanks in advance for any help and advice

 

Laineybelle

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Hi All,

 

Just returned after a break and am getting my Court Bundle together to hand in to Court today and post to barclays on overnight today so the Bundle reaches them by Friday which is my deadline. Why not take it into your local branch and get a reciept, that way you will save yourself the postage and it will get sent via internal post.

 

I have everything printed off the basic court bundle and all correspondence between me and Barclays plus my statements and schedule of charges. The only thing I can't find which I have read someone else added in is the 'house of commons select committee on treasury second report, transparency in charging' and a report by Kendal Freeman on liquidated damages 2005. Are these things I should include?

 

I was also going to include the newsletter received by the action group highlighting all the most recent happenings in the news etc re. bank charges.

 

Is there anything else I should be adding that I haven't, eg. anything from myself like a statement?

 

Thanks in advance for any help and advice

 

Laineybelle

 

Statement of evidence is needed if you have had the draft order orderered by the judge. If not then not needed.

 

Tanz

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Hi Tanz,

 

Thanks for reply.

 

I was thinking of taking bundle in to bank but wasn't sure of how reliable it would be. It is based under the courts so would be a lot easier. Do you think it is a SAFE enough way?

 

Also this bit about 'Statement Of Evidence' really confuses me, sorry. I received a 'Notice Of Allocation To The Small Claims Track (Hearing)' and it says the hearing of the claim will take place on 27th April.

 

If I do need it is there an example set up anywhere do you know? Sorry but I think a lot of us get the jitters at this stage as we are so close and don't want to mess it up at this stage. I have everything else ready to go apart from this if it is needed.

 

Thanks

Laineybelle

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Hi Tanz,

 

Thanks for reply.

 

I was thinking of taking bundle in to bank but wasn't sure of how reliable it would be. It is based under the courts so would be a lot easier. Do you think it is a SAFE enough way?

 

Also this bit about 'Statement Of Evidence' really confuses me, sorry. I received a 'Notice Of Allocation To The Small Claims Track (Hearing)' and it says the hearing of the claim will take place on 27th April.

 

If I do need it is there an example set up anywhere do you know? Sorry but I think a lot of us get the jitters at this stage as we are so close and don't want to mess it up at this stage. I have everything else ready to go apart from this if it is needed.

 

Thanks

Laineybelle

 

I would type up a receipt, something that included details of what you were leaving in the branch ie description of court bundle etc and get the to sign that they have recieved it.

 

Did you use the draft order for directions with your AQ?

 

If not then don't worry about the statement of evidence IMHO as you are just making more work for yourself.

 

Here is a link to it anyway if you need it: http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html

 

Post #55

 

HTH

 

Tanz

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Hi again Tanz,

No I didn't use the draft order as I didn't have that much confidence on my knowledge. I am now filling out the witness statement I have found on a thread which I think I have been asked to include. If I didn't need to then i'm sure its not going to hurt anyway.

 

I am about finished on it and have included that with all of the court bundle, all my correspondence and statements etc and the newsletter from March Consumer Action Group just showing all the latest updates on bank charges.

 

I think I may still opt for Post Office as it needs to be there by Friday and Barclays internal may not work that fast, or do you consider once I hand it in to the local branch that that is me getting it in on time?

 

Thanks for all your advice it is greatly appreciated at this level especially!!

 

Laineybelle

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In my case against Abbey I took all 3 copies to the court, the court stamped them all and gave me 2 copies back.

I then dropped off the banks copy at my local branch and got a reciept for it.

 

Not that it mattered cos i never recived or saw Abbeys documentation

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Hi all,

I have completed a Witness Statement to include in my Court Bundle but am a bit confused as to whether I need to include the last bit at the bottom or not.

I have a 'Notice Of Allocation To The Small Claims Track (Hearing)' and can't work out what exactly the bit below means.

'I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure.

a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated.

b. I understand that it is in the Courts discretion to do so. '

 

Any help appreciated.

Regards

Laineybelle

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Hi all,

 

I have completed a Witness Statement to include in my Court Bundle but am a bit confused as to whether I need to include the last bit at the bottom or not.

 

I have a 'Notice Of Allocation To The Small Claims Track (Hearing)' and can't work out what exactly the bit below means.

 

'I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure.

a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated.

b. I understand that it is in the Courts discretion to do so. '

 

Any help appreciated.

Regards

Laineybelle

 

As far as i am aware this should be put on your AQ

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