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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
      • 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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Don't need a statement of evidence unless you've been asked for one.

 

If you've been asked for a witness statement, leave out the bit PKea has highlighted in red. Also, add some of the paragraphs from the second 'pre-estimate' SoE to beef it up on the evidence side of it.

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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Hi,

 

Just thought I would update.

 

I went to Barclays branch to ask them to send my court bundle in the internal. The lady who served me was more than happy to do it but would not sign anything as a receipt for me as she said she was not allowed so I said not to worry and I would take it to the Post Office. She said it really wasn't a problem as it would get there tomorrow but I declined her kind offer. Much happier to pay the £6.00 it cost me at the PO to have a Guaranteed Next Day Delivery By 1.00pm With Signature!!! I may just add the £6.00 on to the settlement figure anyway!!!

 

I took the other bundle upstairs (above Barclays) to the local court and asked if Barclays had put theirs in yet (yeh right!!). She said that they were 2 weeks behind but nothing on the system as yet. I hope they aren't 2 weeks behind forever as my court date is in 2 weeks!!! Anyway, because of them being behind she date stamped my bundle to prove it was in in time and that was that.

 

I feel like a big weight has now lifted off me as that was my final mammoth task to fulfill and the end is in sight. I just hope Barclays don't look much further in to the bundle than my statements as I don't want them to find some massive mistake that I have made being a novice at all this. It did look very professional though if I do say so myself but can't comment on whether the content is right.

 

We are now going to sit and wait (relaxing) for a week or so to see if they try to contact us. My husband doesn't even know if they have his mobile number and we are both out at work all day. I am really excited about this now.

 

Thanks everyone for support so far. Will keep you posted.

 

Regards

Laineybelle

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  • 2 weeks later...

Hi Guys,

 

Well I have to say, I am starting to worry a bit now. Court date is this Friday. We have had absolutely no contact from barclays whatsoever. No calls, no letters, no credit of account.

 

My husband has called them several times and left messages since this time last week but still nothing, although they have acknowledged his call once, the first time. He has called the courts today and as far as they can tell nothing has been put on their system about receiving a bundle from barclays but they work 2 weeks behind so they can't be 100%!!!

 

I expected something from them by now and had hoped we wouldn't need to show up on Friday. Surely they shouldn't be leaving it quite this late. Other threads I have followed have been paid before now and sometimes a lot earlier.

 

Regards

A slightly worried Laineybelle

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have you tried contacting Krysta? [see my signature]. She will connect you with who ever is dealing with your claim, failing that, email her giving her a deadline for settlement communications

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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HEY Lainey!

 

Fraught times for you, we are all with you mate - I was in a similar situation last week, as my court case was due to be on the Friday but they settled on the Weds. I would defo call Krysta as she will pass you on to who ever is dealing with your claim - thats what she did for me. Or you may want Tom Hickey's number - 0207 116 4523, he dealt with my claim. Surely one of them should be in! Have the courts contact u yet to see if its been settled? You could even e mail barclays and leave your number with them? Toms e mail is... [email protected]. You could e mail 2night so that he'll have it first thing in the morning? I'm sure you will be more positive tomorrow as im sure you will see developments. We are all behind you, just keep focusing on that finishing line! Look forwarding to hearing how you get on.

 

Take care

 

Rich

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

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email her giving her a deadline for settlement communications

This isn't an option unfortunately. The court will expect you be amenable to settlement at any stage. Closing lines of communication full stop is unreasonable conduct and would be frowned upon - or worse.

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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yeh, sorry bit misleading what I wrote [slap]

I meant the deadline referring to the time you would be unavailable due to attending court, e.g court hearing 10am, contactable upto 9am for example.

A lot of these cases now, barclays are not prepared for a hearing looming over their heads due to the sheer number they are receiving.

 

They even said to me when I contacted them they were unaware that I had been given a court date, even though I clearly told them on several occassions when trying to settle.

 

sorry for the confusion.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Hi all,

 

Thanks for feedback.

 

My husband did talk to Krysta the first time he called (last Tuesday) and she said Tom (I think that was his name) was dealing with his claim and that he would have a letter out to him by the end of the week (last week)and that was the last communication we had with them. Every time since my husband has rang and got a/m and left messages which have received no response.

 

Nothing today so far, so he is now preparing to get time off to attend court on Friday. We'll see. I'm sure they will be flapping more than me at this stage!?!

 

I will let you know of any changes.

 

Thanks again to all for support, thanks Rich. Hope you are enjoying your windfall!!

 

Regards

Laineybelle

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Hi Rich,

 

Thanks for the interest mate.

 

Not a dickie bird!!!

 

My husband has called time and time again and we have had absolutely no response at all, so unless something has gone horribly wrong with my paperwork, it looks like we are off to Court tomorrow.

 

I did e-mail the bank very late last night. I e-mailed to Krysta as it was her e-mail I had from on this site and copied in Paul Quinn (he is dealing with ours) as I wasn't sure of his e-mail address.

 

STOP PRESS, STOP PRESS!!!!

 

I have just had a call from my husband!!!

 

Paul Quinn has apologised for not getting back to him sooner, he said he has been a bit busy!!!, he said he is going to fax our FULL settlement offer to my husbands works for my hubby to sign and fax back and the money will be in his account by tonight!!!!!!!!!!!!!!!!

 

Talk about a close shave, my e-mail must have done the trick!!!

Not counting my chickens yet, but my husband is under strict instruction from me about what to sign and not to sign and Paul Quinn reckons he is going to pay every last penny, even the £6.00 P&P I requested.

 

I have told hubby to cross out the confidentiality bit and not to sign anything for the Courts. WE will let the Court know when the money is in the account.

 

Watch this space guys!!!! I will let you know as soon as.

 

Regards from a hopefully better off financial person

Laineybelle

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YEH!!!!!

 

Finally, barclays have credited our account. I checked at 3.00pm and it wasn't there. Checked at 3.30pm and there it was!!!!

 

My husband received a fax with the offer on this morning and they hadn't added the extra 82p for todays interest but had included the £6.00 p&p which they didn't have to pay so I made my husband scribble the amount out and put the new amount with the added extra 82p. can you believe it, I am soooo tight!!!

 

Anyway they credited the amount with the 82p!!! Guess they knew not to mess about at that stage. Have rang the courts but can't fax through the papers cancelling the court hearing until the morning, so it will be very close as the hearing is at 10.00am.

 

It is amazing to see the money there and it's all thanks to this site and everyone on it, I could never have done it on my own, I wouldn't have had a clue, so thank you to all.

 

I will complete the survey asap and make my donation to the site.

 

And to the rest of you keep the good fight going!!! It truly does work out in the end. If anything was going to go wrong it would have been us as money never comes to us easily. It has been a battle but WE HAVE WON!!!

 

Thanks again and good luck to all out there continuing the fight. I may attempt another one, either pre 6 years with Barclays or maybe RBS for the small amount taken. I will have my holiday next week first to get over this and then see.

 

Regards

Laineybelle

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YIPEEEEE! Nice one lainey , I am SOOOO chuffed for you! Wow, nice one too about asking for them to refund the P&P cost - that made me chuckle! It's a real bizarre scene to see the account with the credit in though isn't it - it takes a while to sink in! I kept logging on to my account most of last weekend to check that it was 'really' there, ha ha! Very well done, just a pity they left it so late though - you mustve had a few sleepless nights this week! But i'm sure the lateness of your claim will spur people on in the same situation.

 

Enjoy the cash! :grin:

 

Rich

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

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Thanks to all you guys!!!

 

I got home to a bottle of champagne tonight. I get nearly the whole bottle as my hubby doesn't like it much. Another triumph me thinks!!!

 

You are so right Rich, you do have to keep checking the account to make sure its still there. First time my hubby has been in the black for a while!!!

 

I definately agree with you both Rich and Micky, it really does sometimes go to the absolute 11th hour and you almost lose hope but in the end they were screaming to settle and we kept our cool and still are. We have to get moving in the morning to let the Courts know though. I am pretty chuffed I got the last dig about the 82p too. I must have looked so petty..but hey!!!! them's the breaks.

 

By the way, could someone please add a 'WON' to my thread please.........that will look sssoooo cool!!!

 

All the best to all

Laineybelle

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Contrats Laineybelle, good work!!:D

 

Thread title changed, let me know when you'd like to go into the successes section.

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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Thanks Gary,

 

I was right it does look cool having 'WON' by your name.

 

I am right in thinking that the survey we are asked to complete are just those 4 or 5 little questions? If so I think I have done that.

 

I will make the donation when I can prise my hubby's bank card from him, hopefully it will help towards others like me getting back what is rightfully their's!!!

 

Never heard of the successes section, but it sounds pretty good. Ready when you are Gary. Never thought I would actually get there. I have a friend I have encouraged to join the fight so hopefully she won't be far behind! You know who you are scrumpy girl!! GO GIRL!!

 

All my best to everyone

Laineybelle

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You're now in the winners enclosure!:D

 

Your a classic account customer becouse you've made over 150 posts.

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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Hi again,

 

I have just tried to make a donation and can you believe I haven't got a clue what I am doing!!!

 

Typical, I get past a big bad Barclays and then can't do a simple payment. Are there instructions anywhere???

 

I would like to do it today as I have hubbys card and we are away next week. I may never get his card again!!!

 

I clicked on button but did not know what to put in detail and password. It would not accept the one I use for CAG. It is a Paypal one, is that right?

 

Any help appreciated

 

Laineybelle

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