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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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RFisher33 vs Barclays *ANOTHER DEFENCE STRUCK OUT!*


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Letter received from Barclays today. Not about the N1 though. They must have a lot of work on. They have offered me £1350 in response to my previous complaint!! Nowhere near my £2500 claim. What do I do? Shall I send the letter accepting part payment and advising I am persuing the rest? or shall I just ignore it now court procedings are underway? The letter says if I don't respond within 8 weeks then they consider the case closed.

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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Cheers Michael. Your help is greatly appreciated. Lets see what they come back with next.

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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  • 2 weeks later...

Well Barclays had till yesterday to get back to the court and I was really hoping they had forgot but guess what. They replied at the last minute. The court are now sending the AQ out to me. Pah

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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Just to get this right, if Barclays have only acknowledged the claim on the 14th day from the day the papers were served does this mean they now get a further 14 days to submit their defence or 28 days?

 

Its so annoying that they are able to drag things out so much. :mad:

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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  • 3 weeks later...

Got my AQ through at the last minute. So I now have till the 21st to submit it. Wish me luck. I'm getting worried now that i'm gonna do something wrong. :(

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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Guys i'm seriously stuck and going on holiday tomorrow so need to get my AQ in by today. I have filled most of it out and got to the other information part. Do I attach the draft order that is available on the site?

 

Do i have to send a copy of the allocation questionnaire to Barclays?

 

I'm seriously worried now and don't want to mess up when i've come this far.:(

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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  • 3 weeks later...

Took the AQ and draft order into the court and paid the £100 fee. Been on holiday and am now back but haven't heard a thing. The AQ didn't have to be in till the 21st May. Will this cause a delay?

 

I noticed on the site that some peoples defence had that they hadn't sent in their SOC's. I sent mine with the initial court application form. I don't have to send it again do I?

 

Also do I need to be doing anything now or do I just wait for a court date? The lady at the court advised it would probably be June/July for the court date!!

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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You will need to re send your SOC's to both parties IF Barclays defence states in #1 that you have not provided evidence/information of charges claimed for.

Of course send this by recorded delivery

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Point 1 on the defence says:-

 

1. To the extent it is alleged that Claimant incurred bank charges on the Claimants 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. The Particulars of the claim are summary in nature. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.

 

I sent my SOC with my N1 so they must have it. Shal i just send again to be sure? Recorded :)

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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You can if you want to but by reading their defence it wont be necessary, the judge will direct you later if necessary.

 

youre on track, nothing to worry about..;)

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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  • 2 weeks later...

I thought i'd phone the court today to ask how my case was getting on. They said the judge has looked at my case and struck the defence out saying it is an abuse of the judicial system.

 

I think that means i've nearly won. Just need to apply for judgement.

 

Happy days. Any advice from anyone?

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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Beaky79's was done in the Reading county court. Mine was in Newbury county bourt. I hear that they use the same judges. Hopefully we'll see more cases like this from these courts and more courts round the country.:)

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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No problem livelylad. Do you want me to PM it you once i have it? I can scan it.

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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RFisher,

 

Well done on the order, great news!

 

I'll PM you....

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Gary I have dropped you a mail.

 

Went to court today to request judgement and filled out the form. Just need to wait for the money now.

 

Does anybody know if anything can happen to stop me getting it now?

MBNA **WON** at prelim stage £1518.30 :)

 

Barclays claim for £1800:- S.A.R - (Subject Access Request) sent 08/12/06 / Prelim sent 20/02/07 / LBA sent 08/03/07 / N1 submitted 29/03/07 / AQ Submitted 11/05/07 / Defence struck out 05/06/07 / Judgement Order filed 07/06/07 /Cheque received and cashed 14/06/07 £2692.00

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Thats great, thanks!

 

No, your pretty much home and dry. Strictly speaking they could apply to set aside the order but they won't. I'm 100% sure of it.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Well done RF33 - brilliant result and V encouraging.

:)

Slick

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