Jump to content


  • Tweets

  • Posts

    • Discover this fantastic opportunity for a Traineeship in Business Administration with Weston College and #CreateYourFutureView the full article
    • Thanks Dave 👍   HB:  As soon as the payment from the PPC arrives I'll be sure to make a donation.  There's something very satisfying about a parking company's money going to support a site like this. 😂   Cheers CD
    • Discover this great opportunity for a Traineeship in Hairdressing with House of Clive and #CreateYourFutureView the full article
    • Hi    So we have a response from the trader to my local Trading Standards officer.    "The trader has contacted me.    He is alleging consumer misuse regarding the usage of the car, i.e. the car had been run low on oil. I have explained that this would need to be proven and the burden of proof may depend on the trader or the consumer depending on when the fault first occurred.   Also the trader indicated that a courtesy car was provided to your father at the time but that car was not been returned Obviously, at Trading Standards we do not advise on the facts as only a judge in small claims can decide on the facts of the case. If a person alleges something then it needs to be proven.   The tenor of the contract has been that they are not liable for the alleged fault as it was consumer misuse and also that they will be pursuing the non return of a courtesy car.  The matter seems to be at a standstill and it is up to you to decide if you wish to pursue the matter further in court. Please refer to the initial letter I sent to you regarding our remit on civil matters at Sandwell Trading Standards.    In the event you do go to court you can mention to the judge you did try to resolve the issues through a third party, namely ourselves, to avoid going to court but the matter was not resolved. The judge would look favourably in this information. "   My response to the above is:    1. The first we knew of the car being low on oil was when the trader returned the car back to my father in August 2020, after having the car from Nov 2019 - end of Jan 2020 (over 3 months) and from March 2020 - August 2020 (6 months). When the trader returned the car in August he casually mentioned that he had topped the car with oil as it had been running low. How can it be misuse when my father didn't even have the car for 6 months prior to the alleged fault? The car was returned back to the trader in August 2020, within a week of it being returned, due to engine noises that were noticeable, and that were not there before.    2. The courtesy car was provided to my father whilst his was allegedly being repaired. After my father's death, the trader mentioned the return of courtesy car once to my brother in law who he was in contact with, and it was agreed that he could pick his courtesy car up when he returned my late fathers car. At that point we believed the car was being repaired and would be returned. In my communication with the trader, not once has he requested return of the car.  The return of the courtesy car has never been an issue and I am happy to arrange return of the courtesy car, although I am hesitant to meet the trader personally. In addition, the car has no car tax (expired in March 2021) therefore I am not willing to drive an untaxed car.   Should I contact the trader to arrange for him to collect it from my fathers house?  And would it be wise to take photos of the condition of the car (inside and outside, and mileage) in case he tried to clutch at straws and make further false allegations?    3. In regards to the trader's claim as consumer misuse, if this was the case then why was my father not made aware at the time, and why did the trader take the car back to "repair it" and where is it now? Also, why has the trader continued to take the car apart to the point where it is now is an undriveable state than when it was when taken?    I am waiting for the case officer to write me back to the response, however I just wanted to get your thoughts on the above.    Thank you 
    • Discover this amazing opportunity for an Optical Assistant Traineeship with Specsavers and #CreateYourFutureView the full article
  • Our picks

Mazza v Barclays **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5072 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Yes :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

Link to post
Share on other sites

  • Replies 61
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

If it's an ongoing niggle, I would suggest saying each time, this is my Schedule of Charges up until xxxx (say 10 days time) after which time interest will be updated and a new total provided. Every 10 days, send them a revised SOC by email.

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

Link to post
Share on other sites

Please keep your progress on one thread. Threads merged.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

I read all of your thread with great interest as I am currently taking Barclays to court myself for just over £3000. My preliminary hearing is in August 2007. What was your outcome in the end if you do not mind me asking ... did Barclays send their court bundle and attend the hearing? Did they offer you a settlement out of court and if so did you take it?

Many thanks.

Regards

David

Link to post
Share on other sites

mazza

i take it you still haven't received your money yet ?

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

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

Link to post
Share on other sites

Hi dwilco69

B did not send court bundle to myself or court nor did anyone from B attend-to my knowledge they have not sent court bundles to anyone

 

They settled 1 week before hearing-figures didnt match-finally agreed to mine and sain I would have money before hearing date

 

Didnt get money so went to court-adjourned to next available date to give B chance to pay

 

still waiting for money!!!!

Link to post
Share on other sites

As long as you asked for interest to date of settlement on your POC you should get it to that date. If not, just remind them and let them know you'll see them in court if they are awkard about it.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

It has finally happened :-) recieved cheque today for amount agreed to-issuing letter to court for wasted cort costs coz they made me wait so long for my money but very happy:-) :-)

can someone add won next to my name.

Would like to thank everyone for all their help-donation on its way-if someone can tell me how to do it!

Link to post
Share on other sites

  • 1 month later...

Thread moved to success forum.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5072 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...