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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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Me V The woolwich


tan4874
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Well done dont forget to send more copies of you shedule (with your Claim number on them) to the court and to Barclays.

Then sit back and wait for their defence to arrive;)

 

AL:)

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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  • 3 weeks later...

14 days up today! Woolwich have not responded to the claim. I have tried to start judgement but keep getting a message stating defendent has 14 days to respond. I understand through reading a few threads on here they are sometimes given a few extra days on top of the 14 days. Do I just sit back for a couple more days or shall I ring the court? Any advice would much appreciated.

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Oh no! Just checked MCOL, Woolwich have acknowledged claim. Have to wait until 19th April now. Here's to another long wait!

Thanks for advice Amanda.

 

what a bummer. but typical of barclays/woolwich more often than not always defend on the last day

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awww hun thats so unfair of them, but at least u know that ur gonna get ur money and that these gits just like to waste courts time and ours by acknowledging claims when they know damn well they are gonna settle. just wish the courts would clamp down on it and tell them to stop wasting time, but i guess it is making them loads of money in court fees etc.

 

amandax

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  • 2 weeks later...

Hi all,

28 days was up today. Checked this morning and defence hadn't been submitted. I requested judgement 9am. At 4.30 I checked MCOL and Woolwich had submitted their defence. I have called MCOL and they advised all paper work was sent out today and transfered to my local court. Here goes to lots of reading tonight!

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Hi Tan

You wont need to do much reading of their defence , much of it will be posted on this forum so you have probably read it already.

Still at least you know they are dealing with your claim. But better than that, your closer to getting your money back. :)

 

AL:D

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Hi All, Received notice of transfer today. It has been ordered that - The filling of an allocation questionnaire be dispensed with in this case

I understand when claiming online this seems to be standard procedure now. So I am ok with that.

Not sure about defence though.

I have read a lot of threads and The Woolwich defence seems pretty standard.

Please can someone confirm no.1 and two of my defence is standard as when sending the first schedule I missed the dates of and didn't notice until after it was posted.

1.The particulars of claim do not provide details or particulars of the account in question or the precise charges alleged to have been unlawful, or the dates thereof.

To the extent it is alleged that the claimant incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques, "paid referral fees" or any other such fees), the defendant puts the claimant to strict proof of each charge and the date thereof.

2. This defence is summary in nature and the defendant puts the claimant to strict proof of each charge and the date thereof.

Can anyone advise?

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sounds standard to me babe,

 

also the dates u missed when sending the first shedule, did u amend them when u resent them with previous letters and when u sent to the court coz if so then that should be fine and they are just trying it on, u have proof of each charge so dont worry.

 

amandax

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Hi, Amanda

 

Yes I did ammend schedules + schedule sent to court. So seems all is fine, I thought as much but nice to have a second opinion. I have claimed against Halifax and Cap 1 and they were really quick to pay up. Woolwich are a complete pain to deal with. Everything is last minute.

 

Tan

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  • 1 month later...

Still no news. Received an allocation questionnaire friday. Think this has been sent out by mistake as AQ was to be dispensed with. I will ring court tomorrow to check.

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Hi Tan

If the coyrt have sent an Allocation Questionaire then they want you to fill it in. You could ague with them but why bother.

Go here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

Read this also http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

And this http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=dispensed

 

Ther that should keep you logged on for a while.

 

AL:D

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Just getting everything together and I have just noticed on my schedule of charges I have marked two dates incorrectly, they should state 2005 and I have put 2003. Interest total should have stated 1057.52 at date of claim and not 1067.13. What shall I do? Should I let court/The Woolwich know or just leave it as it is?

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Allocation questionnaire handed in today (obtained a receipt) also sent a copy recorded to Barclays.

I have emailed the litagation dept and have just received this reply -

Thanks for your email, I’ll be dealing with your claim. I will look at your claim with a view to settlement out of court, however due to the high volume of claims I deal with I’ll be able to give you a more realistic time estimate when a hearing date is allocated. Your patience is much appreciated though in the meantime, please do not hesitate to contact me if you have any queries.

Kind regards

Robert Saunders

Barclays Bank PLC

1 Churchill Place

London

E14 5HP

Tel: 020 7116 2403

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Hi Tan,

 

Re post 40, I wouldn't worry about it. If busy Barclays notice it - I'm sure you wouldn't mind them altering the payment slightly to reflect your small error, as they will just want to pay. I personally would not feel the need to alert anyone to it.

 

I really haven't kept up to date, but the above just seems like Barclays standard, i.e 'get a court date and we'll settle'

 

JMHO

 

Thai:)

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Hi Tan,

Been following your thread with interest,could you post Robert Saunders email address as I would like to contact him as he seems to be the only one who is answering anything,my court date is the 13th of august would be nice to settle now as i need a holiday,cheers.

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  • 3 weeks later...

Contacted court today - Judge has ordered Case to be heard in small claims court and is to last no more than 30 mins. No date as yet and receptionist has no idea how long it could take to get one. Carry on waiting I s'pose..............

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Tan - what's the latest on your claims, have they been settled yet?

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Just spoke to Robert Saunders and have been advised, they are very behind and have a huge backlog. I will not hear anything until august. Worth a try I s'pose!

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