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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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Jakena Vs Barclays**won**


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Hi, I've sent my first letter with a schedule of charges a couple of weeks ago and first we had a reply from them that they would look into it, then at the weekend they sent us reply saying that they are willing to pay £515 towards the total amount I am claiming and that is to cover the cost and inconvenience inherent in a further dispute. This is only about half the amount as I claimed for £1020 charges.

 

Is there a template letter like the letter before action that I can send as a reply saying that I will accept the £515 however I am still going to carry on with the rest of the money they haven't offered?

 

I am actually impressed that they even offered half after only the first letter.

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  • 2 weeks later...
  • 2 weeks later...

Ok Court claim submitted today, Do I send barclays back a letter telling them I have submitted the claim today, or does the court do that asking them to submit a defense? It says I should send them another schedule of charges that i'm claiming, shall I also send in a letter to them the particulars of claim that I have submitted on the claim form?

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Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

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Thats great, thanks for the info. I get panicky over this stuff and have given up talking on the phone as I get all stuttery.

 

As this is a joint account with my boyf I am claiming from, my boyfriend tried phoning the bank but they will not talk to him as I submitted the claim even though the account is in both our names. He is so much better at talking on the phone than me, they don't bully him lol.

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No, they'll acknowledge at the very last minute on the 2nd Jan. In my case they have to acknowledge by 31st Dec, but since that's a Sunday and it's a Bank Holiday Monday they may get away with not acknowledging mine until 2nd as well, so we're neck and neck.

S.A.R - (Subject Access Request) sent 06/11/2006 - no statements yet

Prelim Letter sent 13/11/2006

"Sorry you're unhappy" received 16/11/2006

LBA sent 27/11/2006

Reply to LBA with 50% offer received 01/12/2006

"Thanks, but no Thanks" sent 01/12/2006

MOCL filed 11/12/06 - deemed served 17/12/06

MOCL acknowledged 29/12/06

Non compliance with S.A.R - (Subject Access Request) letter sent 04/01/07

Statements Received 08/01/07

MOCL Defended 12/01/07

AQ received 17/01/07

AQ done and delivered 19/01/07

Court date 22/05/2007

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  • 2 weeks later...

Ok, it said they had until the 2nd January to acknowledge, and it says they acknowledges on the 29th december so what do I do next.

 

Micheal Browne said earlier I have to send a letter with my schedule of charges to the banks solicitors however I don't have a solicitors address?

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i think it's the department that deals with everyone's claim.

i don't think anyone knows who their solicitors are because they haven't gone to court yet.

that's where i have sent all my correspondence to and so far so good.

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You were given the correct information. Their in-house team deal with all the legalities.

 

In their letter to me they described themselves as:

 

Barclays Legal and Compliance

Level 29

1 Churchill Place

London

E14 5HP

When you send the schedule, put the reference number from the top of the letters they've been sending you and ask that they are placed with your file.

in addition, did you send MCOL a copy of your schedule after you filed?

If not, send one off to them with the Court Claim reference number you will have been given at the top.

Their address is:

The Court Manager

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

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

 

Welshman

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Thanks, yes I sent two copies of my schedule of charges to the court manager address, so I just have to send a copy to barclays legal department then.

 

Then I guess I just wait a while?

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I've been reading some more posts, and people are saying when barclays enter a defense and yo get your alocation questionnaire to fill in, there's another £100 charge to pay on top of the £120 I had to pay to take them to court. Is this true?

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  • 2 weeks later...

OK, got a notice of transfer of proceedings through to day with the allocation questionnaire.

 

The case is being transfered to a court that is more local to me and barclays have filed their defense so intend to defend. I have until the 31st january to hand in the questionnaire. Its a bit weird that everyone seems to be saying they are filing their defense at the last minute, barclays had until 29th january to do this i think and they've already done it.

 

It seems simple enough to fill in. I don't need to give it another month to try and settle outside court do i?

 

Also will I need to put down any witnesses (it sounds like an accident happened!) My boyfriend will be coming too as its our joint account. will his name need to go in here?

 

Do I need to get an experts report? I dont have a clue what that is.

 

For days i can't attend court, my work patterns at work vary as i work shifts so do I pop in my work patterns, or hope that i'm able to change my day off at work? I only know my work pattern for a couple of months in advance so could be difficult and there isn't really room to put in on the questionnaire.

 

Their defense sounds scary basiclly saying its all my fault and their charges aren't unfair as it states in the contract that they will be applied if any unauthorised borrowing occurs ( going over my account limit)

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OK, got a notice of transfer of proceedings through to day with the allocation questionnaire.

 

The case is being transfered to a court that is more local to me and barclays have filed their defense so intend to defend. I have until the 31st january to hand in the questionnaire. Its a bit weird that everyone seems to be saying they are filing their defense at the last minute, barclays had until 29th january to do this i think and they've already done it.

 

It seems simple enough to fill in. I don't need to give it another month to try and settle outside court do i? - No I dont think you do just go ahead and submit AQ

 

Also will I need to put down any witnesses (it sounds like an accident happened!) My boyfriend will be coming too as its our joint account. will his name need to go in here? - I am not sure

 

Do I need to get an experts report? I dont have a clue what that is. - No you dont

For days i can't attend court, my work patterns at work vary as i work shifts so do I pop in my work patterns, or hope that i'm able to change my day off at work? I only know my work pattern for a couple of months in advance so could be difficult and there isn't really room to put in on the questionnaire. - I attached similar extra page with my AQ since I also have a complicated work diary.

 

Their defense sounds scary basiclly saying its all my fault and their charges aren't unfair as it states in the contract that they will be applied if any unauthorised borrowing occurs ( going over my account limit) - Yeah it sound scary but everybodies seems very similar (if not identical at the moment./

 

Check out the latest strategy for AQ thread.

 

http://http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

 

I follwed this and enclosed Draft Order of Directions as per thread and my court turned it two weeks. I just got notice of allocation to small claims track today and directions as per draft

 

Peter http://www.consumeractiongroup.co.uk/forum/barclays-bank/36692-peter-rabbit-barclays.html

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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Check out the latest strategy for AQ thread.

 

http://http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

 

I follwed this and enclosed Draft Order of Directions as per thread and my court turned it two weeks. I just got notice of allocation to small claims track today and directions as per draft

 

Peter http://www.consumeractiongroup.co.uk/forum/barclays-bank/36692-peter-rabbit-barclays.html

 

That link doesn't seem to work for me, says the page can't be found. Anyone know where can find it?

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