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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
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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.

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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


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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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