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    • 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
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Luna985 -v- Barclays


luna985
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I would wish you good luck, but you won't need any luck. Go and get what is rightfully yours!

04 Nov 06 - S.A.R - (Subject Access Request) letter sent

16 Nov 06 - Statements received - £2685.00 of illegal charges incurred

17 Nov 06 - PAR (Preliminary Approach for Repayment) letter sent

01 Dec 06 - Received Stalling letter from Barclays

02 Dec 06 - LBA (Letter Before Action) sent

18 Dec 06 - Claim filed with MCOL

20 Dec 06 - Settlement Rejection letter sent

03 Jan 07 - Claim acknowleged by Barclays

22 Jan 07 - Claim defended by Barclays

 

 

You wanna know how you do it? Here's how, they pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue!

 

Please click the scales at the bottom left if you find my advice useful. However, the advice I give is only my opinion based on my experience, I am not trained in Law!

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  • 4 weeks later...

Just to keep you all updated (and get some advice!!).

 

I have today been sent a letter from Barclays offering the sum of £830.00 as a settlement of my claim.

 

I initially claimed £1425.00 and am wondering whether to accept this offer. I would like to hold out for the additional £595.00 BUT

 

I am worried about having to go to court

 

and

 

I am unsure about how to proceed.

 

I get confused with all the legal terminology and from reading other threads it seems like Barclays are beginning to take a harder line on this.

 

Please can someone help me???

 

Thanks

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Luna what letters have you sent?? Prelim letter and LBA???

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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yes 14 days after Prelim letter send your LBA, you can incorporate that any offer you have received will be accepted as PART PAYMENT ONLY and that you are pursing them for the balance :)

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Question -

 

If I issue an LBA to Barclays to persue the rest of my claim will I still be able to accept their initial offer if I decide to take that route instead? See the thing is that I am not overly keen on the whole going to court idea!

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If you accept their offer, you will not be able to go on and get the rest. The only way to get all your money back is to get a Court hearing date. Barclays will then pay up.

A lot of people on this site are worried about going to court. The Banks use this fact to intimidate people into giving up.

If somebody really did have to go to court and face Barclays - they would be swamped with offers of support. There are others on this site who would relish getting Barclays in Court !

 

 

Spotty

  • Haha 1

[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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There are others on this site who would relish getting Barclays in Court !

 

 

Spotty

 

Oh yes!!! :D

 

Luna try not to worry too much, it is very easy to become intimidated by the banks, that is what they are relying on.

  • Haha 1

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Back again,

 

I am just about to send off my LBA letter to Barclays. I would like to accept their initial offer £830 as a part settlement of my claim. How should I make this known to them.

 

The LBA template doesnt really cover this eventuality however it is recommended in the Step-by-step guide.

 

Can someone please help - Thanks in advance.

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  • 4 weeks later...

Help - advice needed.

 

I sent off my LBA and surprise, surprise no reply at all yet. I allowed from 18th Dec until 13th Jan to allow for chrstmas and still no reply.

 

Am I right to start persuing a claim through MCOL now?????

 

Thanks in advance.

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If Barclays haven't replied by the end of your deadline then start proceedings through MCOL. Ask here if you need help with the next steps.

 

Simmo

04 Nov 06 - S.A.R - (Subject Access Request) letter sent

16 Nov 06 - Statements received - £2685.00 of illegal charges incurred

17 Nov 06 - PAR (Preliminary Approach for Repayment) letter sent

01 Dec 06 - Received Stalling letter from Barclays

02 Dec 06 - LBA (Letter Before Action) sent

18 Dec 06 - Claim filed with MCOL

20 Dec 06 - Settlement Rejection letter sent

03 Jan 07 - Claim acknowleged by Barclays

22 Jan 07 - Claim defended by Barclays

 

 

You wanna know how you do it? Here's how, they pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue!

 

Please click the scales at the bottom left if you find my advice useful. However, the advice I give is only my opinion based on my experience, I am not trained in Law!

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MCOL is fairly user friendly. It is a case of playing the waiting game once you have filed.

04 Nov 06 - S.A.R - (Subject Access Request) letter sent

16 Nov 06 - Statements received - £2685.00 of illegal charges incurred

17 Nov 06 - PAR (Preliminary Approach for Repayment) letter sent

01 Dec 06 - Received Stalling letter from Barclays

02 Dec 06 - LBA (Letter Before Action) sent

18 Dec 06 - Claim filed with MCOL

20 Dec 06 - Settlement Rejection letter sent

03 Jan 07 - Claim acknowleged by Barclays

22 Jan 07 - Claim defended by Barclays

 

 

You wanna know how you do it? Here's how, they pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue!

 

Please click the scales at the bottom left if you find my advice useful. However, the advice I give is only my opinion based on my experience, I am not trained in Law!

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  • 3 weeks later...

I have just filed with MCOL - Go me!!!

 

Do I now need to send a details of my claim to Barclays?

Do I need to indicate to them that I am now adding interest to my claim?

Should I send the interest spreadsheet to Barclays?

Can I think of anymore questions?

 

Thanks everyone for the help and advice

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I have just filed with MCOL - Go me!!!

 

Do I now need to send a details of my claim to Barclays?

 

No, the Court Claim will be deemed as issued within 5 days.

 

Do I need to indicate to them that I am now adding interest to my claim?

 

No, they'll already know especially after you send them the up-to-date schedule this time including the interest, which answers to your next question

 

Should I send the interest spreadsheet to Barclays?

 

Yes, send to the Churchill Place address with a covering note showing the reference number they give in their letters to you, asking them to add it to the file they hold on you.

 

Can I think of anymore questions?

 

Don't know, can you?

 

Thanks everyone for the help and advice

 

Good Luck

  • Haha 1

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

 

Welshman

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  • 3 weeks later...

Today is the big day that my MCOL Claim officially finishes. No word yet from Barclays but I am fully prepared for hearing from them at the last possible moment.

 

Quick question - is it worth me ringing them to check the progress at their end (and if so who to ring?)?

 

Thanks

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  • 3 weeks later...
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