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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
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    • 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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...to open.

 

It looks like our noble cause will be the subject of a BBC programme tonight at 10!

 

The Beeb have even done some template letters of their own. Surely this can only be a positive thing, or do you think it might make a bank more likely to defend a claim - if they see the floodgates opening anyway they may have nothing to lose!

 

I know this isn't Barclays related but I couldnt find a general discussion post - sorry!!

 

BBC NEWS | Business | Are penalty charges bank robbery?

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Yep that's the one!

 

Good Luck :D

Barclays - Prelim Sent for £980

23/09/06 - LBA sent for £1000

05/10/06 - Received offer of £500

10/10/06 - MCOL Served for £1244.01

18/10/06 - Acknowledged by Barclays

20/11/06 - AQ Returned to Stockport Court

REFUNDED IN FULL

Capital One - Received Statements

Prelim sent 20/10/06 - £632

Offer received 03/11/06 - £248

Partial settlement and LBA sent 07/11/06

2nd letter from Cap 1 18/11/06

MCOL filed 21/11/06 £864

WON! REFUNDED IN FULL

Halifax - Received Statements

Prelim sent 09/10/06 - £836

28/10/06 - Offer received £568

Settled.

Egg - S.A.R - (Subject Access Request) sent 22/11/06

 

MR HOLLYDOLL

Barclays - S.A.R - (Subject Access Request) sent 22/11/06

prelim sent

lba sent

moneyclaim filed

Barclaycard - SAR sent 22/11/06

prelim sent

lba sent

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I have another quick question, what do I include in the particulars of claim? I have started filling in the form but am not sure if I should copy and paste my spreadsheets or just include the total balance for each year with the interest. Please help soon I'm in the middle of the form and have looked at all the threads and the FAQs but am now losing the plot. I can't even rememnber how to post my own thread. Sorry Simon for hijacking your thread it was the only way I could ask a question

Jill

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I have another quick question, what do I include in the particulars of claim? I have started filling in the form but am not sure if I should copy and paste my spreadsheets or just include the total balance for each year with the interest. Please help soon I'm in the middle of the form and have looked at all the threads and the FAQs but am now losing the plot. I can't even rememnber how to post my own thread. Sorry Simon for hijacking your thread it was the only way I could ask a question

Jill

 

 

Here is the POC

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

You attach the schedule of charges and send it to the court and the solicitor.

 

To access your threads go into user cp and list subscriptions.

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Just had a read of the article, and although i think its a good thing to get the publicity, i cant help thinking i hope my claim is sorted BEFORE the floodgates do eventually open!:-|

 

The highest figure they concluded that banks could justify was £4.50 - much lower than what the banks currently charge.

I think even this is crap to be honest, its still too high.

Also, how much does it actually cost to send an automatically generated letter telling you you've exceeded your overdraft?

 

Stephen Hone is a young father of three and a law student based in Plymouth. When Stephen's bank, Abbey, removed £64 from his account for two £32 penalty charges he called his branch and asked them to pay it back.

Was this the original case so to speak?

 

Shortly after filing his claim, Abbey paid Stephen back £840.

Was this the full amount, or a cop-out 'no liability' offer?

 

HSBC also told us it settles customer claims for refunds before cases are heard in court.

So why drag their heels at EVERY step?

 

The Office of Fair Trading has already forced banks to reduce their penalty charges for credit cards to a maximum £12, and it has now opened an investigation to establish what the real costs of current account penalty charges are.

Obviously at some point, this is going to happen to banking itself too, but in the meantime, the banks are surely going to make is as difficult as possible for more people to get their money back.

 

 

Mickey Boulton, a self-employed builder was frustrated with his bank over the amount it had charged him. "We've got in six months just under a £1,000 worth of charges. They've had a lot of money out of us, and I want it back." As a result of Stephen's advice, Jemma successfully claimed back just under £5,000, while Mickey was offered £600, which he has accepted.

Should have come here to CAG, we'd have helped him get it all back!!

THE STORY SO FAR:

 

 

~Asked for my Statements: 2/10/06

~Got them within 14 days (fair play)

~Asked for the money back:18/10/06

~Computer said no!!!! (not all of it anyway)

~Rejected the (crap) offer (£570/£1300): 11/11/06

~Computer said Hell no!!!!

 

~Barclays said I can go to court if I want (like they've got the balls to go that far!)

 

~MCOL done 29/11/06

~Barclays acknowledged: 18/12/06

~AQ received, filled out and returned: 4/01/2007

~Court date set for 28/03/2007

 

Cant help thinking that soon, Barclays might have to have a go with a test case.... Hope they dont choose me!!!!

 

Small (SORRY) donation given, cos i reckon i might win in the end, and without you guys i would never have started this process!!: 16/11/06

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I'm filling in the moneyclaim form now so just to confirm...

 

I am going to copy in and edit the pro forma to include my details. I HAVE already sent a copy of the schedule to the bank with Prelim request and LBA. How do I send one to the court online & also to the banks solicitors.

 

Cheers guys!

 

Simon.

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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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Will be recording it tonight. I am sure there will be a lot of discussion tomorrow. It would be such a shame if the BBC give the Banks bad publicity and millions demand their money back !! lol

 

Spotty

[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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  • 1 month later...
  • 1 month later...

Barclays time has passed and it seems they havent entered a defence. I have recieved nothing from court since barclays said they intend to defend.

 

do i just go on my MCOL page and apply for judgement. How will the money be paid? do they call me and hassle me or should they just debit my account?

 

cheers,

 

Simon.

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Simon

 

Well I spoke to MCOL about this first thing this morning seeking clarification of the 28 day/judgement issue with my Barclays claim.

 

I was told that after the 28 days was up, you can apply for a judgement

by default which takes 48 hours to ''go through''. During this time Barclays

can still enter a defence, which, according to others on this site, is not uncommon.

 

If I were you I'd whack a judgement application in before you take your next breathe...

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Hello,

 

I have just been on MCOL and was about to apply for a judgment but it appears Barclays have entered a defence.

 

What is confusing is that the defence is dated 22/01/2007. I still have not received an allocation questionnaire. The last thing I received was an Acknowledgment of Service form (26/01/2007), in which Barclays said the INTENDED to defend all the claim.

 

I havent been able to get in touch with the court.

 

Any suggestions?

 

Cheers,

 

Simon.

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Just a very quick question (may seem daft):

 

Section H: Fee

 

Have you attached the fee for filing this allocation questionnaire?

 

My claim is under £1500 so i dont need to pay a fee, so do i tick No? The reason I ask is that the way that could read is "I need to pay a fee, but i havent."

 

Cheers.

 

Simon.

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