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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 
      • 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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Maxine V Barclaycard. **WON**


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Maxine,

 

I know how you are feeling, as I stated in my thread I am going CI also (if like you say is it called that)

I am worried that I am going to be laughed out of court - I apparently have one of the worst judges in the country at my local court - acording to this site. So I am bricking it and I am only at prelim stage.

 

You know I am with you 100% I will support as much as I can, but this is all new to me too.

Hang on in there and we'll get through this together ;)

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Ah thanks MH

 

The whole process has it's ups and downs I know.

 

We feel empowered and then we doubt ourselves... it's all a bit of a rollercoaster.

 

I have looked further into claiming the APR rate on credit cards and it does seems that if you hold out to the end you will get it... it's just that the whole thing takes so long and there are so many things to remember. And I must admit... I did get it with my Egg card after turning down the 8%... and my Halifax card (but that one was won by default cos they didn't defend).

 

All these wins and I still have nothing to show for it... I am just paying off debt with any settlements that come in. I am up to my eye balls in it! Life eh!!

 

I really hope I get the APR rate of interest so that I can pay off my two Barclaycards and be done with the swines.

 

I have printed off all my court stuff and have checked my bank balance to make sure I can spare the dosh... so all I have to do is get myself and the three kids (don't you just love rainy school holidays...) down to the town and into the court. It's absolutely hammering it down and I left the push-chair in the garden yesterday so it is totally soaked... ARggghhh!!!

 

I do appreciate your support M/H and it is good that we are at similar stages... I assume you will filing at court over the next few weeks after you've done your LBA? I can email you my final POC if it is any use to you.

 

:-)

  • Haha 1

Moodle

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Yes the POC would help a great deal - you have my email addy still I presume?

 

I also have days when I feel so ontop of things and others I doubt I know what the hell I am doing. I think it's the reason some settle for less that they might have got back had they continued. A ploy of the banks, as we full know!

Let me know how today goes. Yes I will be firing off my LBA with CI added this time on Monday - plus my LBA is up on my Halifax Visa on 3rd Aug - am wondering if it is too late to claim CI on that too!!! :D

 

Keep up the great work and I will be watching with interest ;)

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Maxine,

 

If it waddles like a duck,

if it quacks like a duck,

if it swims like a duck,

you do not HAVE to call it a duck.

 

Barclaycard took the interest from you, accrued on unlawful charges. The interest is evident in black and white and displayed as a separate item on each monthly statement, easily attributed to debit balance made up of lawful spending and unlawful charges (brought forward from month to month like the balance from spending).

 

The interest levies were as evident as the charges were explicit. The simple reclaim is to take back what was unlawfully taken, just like the reversal of interest levied, if a spending item had been accidentally debited to you twice (which happened to me once).

 

As long as you say you are undoing the accidental or unlawful interest computed by Barclaycard, not a penny more not a penny less, let the complexities of interest calculation and (shhhhh) compound interest fall on Barclaycard to explain and justifiy.

 

Sufficient to the day to reclaim interest unlawfully, and EVIDENTLY levied by Barclaycard. With monthly statements in evidence, Barclaycard will not dispute the £value. That is your best forcus, a simple takeback of what was demonstrably taken. If Barclaycard want to open a can of worms in court, let them.

 

But I would not offer them a cue by mentioning "Contractual Interest". Call it anything else you like, the judge will understand your straightforward reasoning.

 

 

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

Just waiting now.

 

Barclays sent a defence to the court.

 

I had a standard letter saying that as my claim has been referred to court in may be stayed because if the OFT test case and all that. They were talking to me as though it was a bank account claim cliam... it even had 'unauthorised overdraft charges' as the heading???? Crazy fools. This is a credit card claim...!

 

I am now waiting for the allocation form from the court.

 

Bump is getting bigger and I have some freelence art work on at the moment... so I haven't been on the forum as much... but am still here lurking about.

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Moodle

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1386-200x800newproduct-tf063_baby_gift_baby_flower_arrangement_teddy_bear.jpg

 

Maxine,

 

Very best wishes to mum with bump.

 

Mistermind

 

 

Oh no, opportunist Ruffnuts is at it again. You do not know what Ruffnuts has said to court officers. Is it possible he requested or hinted at a stay, casually insinuating the phrase "Barclays Bank" rather than the more truthful Barclaycard? Is it possible he arranged to have stays requested for a number of hearings at your court against Barclays Bank, then surreptitiously dropped your Barclaycard hearing in amongst them hoping unwary court officers stay the entire job lot? We all know by now that there is no limit to what Ruffnuts will say. Court officers unfortunately are not in the know.

 

With your fab success rate on the phone, have you considered making a quick phone call to the court to put them wise about Ruffnut's probable campaign of disinformation, plus his previous career in alleged statement creation, and that FOS and OFT are hopping mad about him? Court officers would not like to be hoodwinked and manipulated -- if they knew before too late. A court stay once put on, could be very hard to reverse. Better safe than sorry.

 

BBC NEWS | Business | Banks still being sued over fees

 

Find out here if your local court is staying claims

 

 

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  • 1 month later...

Hi all.

 

It's been a while... been busy working before the new baby comes, but now I am 6 away until the due date and so am starting to slow down a bit now.

 

A really unexpected turn up today... had a letter from barclaycard offering me the full amount of charges, plus court costs, plus the 8%!!!

 

At first I wasn't sure what to do as I originally claimed the high interests on the grounds of that is what I have actually pais on top of my charges... but I don't know if I can be bothered to fight out the interest what with the new baby due soon... and all that.

 

So.... I have decided to take it!! I emailed the confirmation over about an hour ago.

 

Another letter I had today was from Peter Parry at the FOS regarding my complaint about Barclays bank. It said that they had written to my card provider and invited them to 'make a revised offer which meets your claim in full'. Maybe that is what spurred them on a bit... I don't know.

 

So for now the claim seems settled... although I will not stop the proceedings until the cheque is in my hand.

 

It would have been nice to hold out for the 27.9%... but in my condition I don't fancy the hassle of court bundles and all that.

 

I will keep you updated of how long the cheque takes to get here... that's always the worst bit... actually waiting for the dollar!!

Moodle

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Maxine,

 

Fantastic news and well done. Sounds lie FOS made it happen in the end, otherwise they wouldn't have offered the s.69 on top.

 

What a journey you've had to get here.

 

congratulations.gif

 

PS. Have a nice baby !

 

Slick

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Thanks for the congrats... I am glad it is all over.

 

This was the last one of my claims.

 

I had 10 on the go at the beginning... all starting in Novemeber. It's been a crazy year.

 

I have less debt now... and the money has come in very handy over the year... with different claims coming in here and there.

 

I just hope you folks who have ended up with 'stays' get your dough when the test case it all over. It could take years but I am sure it will get sorted in the end.

 

I have some new claims I could start for charges levied over this year (smaller amounts)... but I think I will wait to see how it all stands in a year or so. It's been hard to find the money for court costs and allocation fees sometimes so I don't want to put myself through all of that again in a hurry.

 

:-)

Moodle

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  • 2 weeks later...

Any chance of a mod changing this to **WON**?

 

I had the dosh go into my bank account as requested (not barclaycard account) today... Lovely jubbley!!

 

By the way... the 'Undercover Mum' thing hasn't been on yet. The series is 3 documentaries presented by Nina Hobson. The first one about food was on about a month ago. My show about debt is just going through some legalities before it can be broadcast. I'll keep you posted if you folks are interested?

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Moodle

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Hi Max,

 

Glad to hear you got your money, title change is in hand.

 

Regards, Slick

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Title done. . . Congratulations. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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th_F481493783_manisa12k.jpg

 

Maxine,

 

Ten campaigns, ten victories. You and wofter are certainly a formidable duo!

 

With another mouth to feed, all my best wishes for opportunities coming your way, which you so richly deserve.

 

Mr Mind

(waiting for Nina)

XX

 

 

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