Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Has Any One Been Settled Recently Or Went Through To Court...


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6397 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

:-? I wonder if any one could answer my question. Just got Notice allocation to a small claims Track(hearing)

 

1. This Claim is allocated to the small claims track

 

2. The parties shall exchange and lodge in the court office the following not later than 4.00pm on 31st October.

 

a. written statement of evidence of all persons giving evidence including the parties whose evidence is relied on in support of or in defence of the claim.

 

b. copies of any documents sent to the court but not to the other party.

 

and so on ...am stuck on this, where do I go from here. I understand number one but the number 2 is beyond my scope. Has anyone seen this before please help if you have any idea

 

:-?

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

  • 1 month later...

Hi,

I dont know if any one can help me on this. The court has requested myself and Barclays to submit a written statement of evidence relied on in support of my claim. Copies of documents which party proposes to rely on.

I have till 30th of October to get this to the court. Has anyone gone pass this bit please if so what do I need to send. Is there any documentation or bits of quotes I need to send to the courts?

Please Help !!!!!

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

DON'T PANIC!!

 

This is pefectly standard. It's the next step after the defendant (Barclays) have said they're going to defend, and you've both submitted AQs.

 

For the documents you need see here.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

Link to post
Share on other sites

Thanks for the swift response guys.

@ karnevil

Yes the court has actually requested for witness statement if I have a witness along with the list and copies of documents I intend to rely on .

I know I have to send all this document to the courts but do I actually send all this document to the Bank as well or I take their copies (Bank) on the court date/day? Please advise

I will have a look at the link

thanks

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

Your Allocation Questionaire would have asked (Section D) how many witnesses you intended to call. Did you enter "0" ?

 

If so, you can ignore the witness statement part of the courts direction.

 

All you need do is collect your document bundle (see here), make two copies. Send one to the court, and one to the defendant (Barclays).

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

Link to post
Share on other sites

@Karnevil

Below is the exact wording in the court correspondence

The District Judge has considered the statement of the case and allocation questionnaires filed and allocated the claim to the small claim track.

1. The claim is allocated to the small claim track

2. The parties shall exchange and lodge in the court office the following not later than 4.00pm on the 30th of October 2006.

a) The written statements of evidence of all persons giving evidence including the parties whose evidence is relied on in support of or in defence of the claim.

b) Copies of any documents which a party proposes to rely on.

This must include copies of documents sent to the court but not the other party.

3. The hearing of the claim will take place at 12.00pm on the 9th of November 2006 and should take no longer than 45minutes.

The correspondence further says the case is suitable for Mediator.

Thanks

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

@ Victimnomore

I entered 0 in section D of the allocation Q'

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

Then, as far as I can see, all you have to do is prepare your documents, quoting your case number, (see here) and send a copy to the court, and a copy to Barclays.

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

Link to post
Share on other sites

  • 1 month later...

Hi Everyone,

Was just wondering if any one has been settled or went right through to court recently. My Court hearing is end of November and am yet to hear from Barclays to make any offers.

Please advise........:confused:

without prejudice & without liability

 

My Advice & opinions are mine, Please Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

Link to post
Share on other sites

2. The parties shall exchange and lodge in the court office the following not later than 4.00pm on the 30th of October 2006.

 

a) The written statements of evidence of all persons giving evidence including the parties whose evidence is relied on in support of or in defence of the claim.

b) Copies of any documents which a party proposes to rely on.

This must include copies of documents sent to the court but not the other party.

 

Just a quickie.

Did Barclays send you a copy of what they will be relying on in Court?

 

Have you heard anything at all in relation to the above order?

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

 

Welshman

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...