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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 160 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
        • Like

Mahala v Barclays **WON**


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"Other information" is just for case management information, not specifics relating to your claim.

 

So for example if you or any of your witnesses have special requests e.g. wheelchair access, if there is going to be a lot of paperwork for the judge to consider - that kind of thing. Basically, anything that makes your case different from "the norm".

 

For many people, the only thing they will write in this section is "Not applicable"

 

HTH.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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OR!

 

You could add this:

 

As discussed on another thread;

 

If you have the N149, under section G (Other information) you should ask that the court orders Standard Disclosure

 

"I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe such an order would bring a rapid end to this litigation."

 

The same can be entered in Section F of the N150.

 

It will not force the judge to order it - but no harm in trying.

 

I did it on mine, and took back my AQ on wednesday, so not far ahead of you.

:-D

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Thanks for that!

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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

OK - on behalf of Mahala who's away, I can tell you that the Allocation Notice (allocating as expected to the small claims track) has arrived. Here's what it says; can you tell me if any of this means that "Standard Disclosure" has been ordered? Thanks!!

 

Hearing to take place on 2nd October @ 1400

 

"Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 13 September 2006.

 

The original documents shall be brought to the hearing.

 

Witness statements shall be included in the documents served and filed. This includes the evidence of the parties themselves, and any other person whose evidence is to be relied upon, whether or not it is intended to call them at the hearing."

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Hi Mahala,

Are Barclays losing it?! Referring to their first reply to you. They initially said the statements would be supplied free of charge then at the end of the letter went on to say they will do it for £10 Are they now trying to recoup their losses or is someone out there very stressed?!

Barclays Bank

13/9/06 - ACCEPTED HALF ON BOTH A/Cs

HSBC

21/10/06 - SETTLED IN FULL

Preferred Mortgages

11/8/06 - prelim let sent - redemption fee

12/07 - case dropped

Halifax B/S

2/07 settled in full

Halifax visa card

MCOL due

Citicards & Hillesden

2/07 Data Protection Act & CCA let sent

3/07 Prelim let sent

4/07 LBA sent

Barclaycard

04/07 offer received for 1/3 - refused

Argos Card services

Half offered - refused

PPI Claims:

8/12 MBNA Loan settled in full

7/12 Barclayloan settled in full

9/12 Liverpool Victoria settled in full

7/12 Barclaycard claim rejected

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  • 1 month later...

I received a letter from Barclays this morning. They still contend that I would lose the case if it should go to court, but taking into account the "small amount" of the claim and the time and money involved in going to court etc, etc.

 

They made me a full and final offer of £1088, which I have accepted. They originally tagged on a confidentiality agreement as a condition of the offer. I faxed an acceptance letter to Keith Jeremiah this afternoon, stating that I did not accept the confidentiality clause.

 

I've just had an email from him - they are prepared to forego that in order to bring a swift end to the case lol.

 

Cheque's in the post lol.

 

Just as well, we were going to court on Monday!

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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Apparently you can call him and he'll settle... so I've heard around here. Remember to ask if you can speak without prejudice...

 

Hi

 

I read your above quote with interest, I am waiting for a court date at the moment and whilst I am quite prepared to go to court, (it is just dragging on and on), do you think if I e-mailed keith jeremiah asking him if he is prepared to settle before court he may authorise settlement.

If so, how do you suggest I word my request???

 

Hope you can help.

 

J

halifax: Data Protection Act sent 05.05.06

40 days up: 14.06.06 - no info received

sent lba 09.06.06 telling them they have 7 days (21.06.06) to comply

sent prelim letter, 22.06.06 - £4340.00!!

03.07.06 - offered £565 from Halifax

SENT LBA - 7TH JULY 2006

FILE MONEYCLAIM - 21.07.06!!

4.08.06 - ****** SETTLED IN FULL *******

 

Barclays: sent Data Protection Act 31.05.06

received some info 09.06.06, missing 3 years worth of statements- rang them, they now have 25 days to comply

sent prelim letter, 23.06.06 - £2520!!

SENT LBA - 11TH JULY 2006

20.07.06 - OFFER RECEIVED £900..... No Thanks!!

FILE MONEYCLAIM - 24.07.06

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Jas4, please start a new thread. You are actually hijacking Mahala's thread. You will receive more help there as other members and moderators will always look for new threads to help out. Also it will be easier for other members to find you at a later date.:cool:

 

Don't worry though we all have to start somewhere.:wink:

 

 

Don't let the fatherless chillen get ya!:grin:

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

If this site has helped you, please make a donation to help keep it going.

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