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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 
      • 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
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Davies v Barclays **WON**


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Hi all,

 

I have been reading the threads for sometime, and have now felt confident enough to go through the process myself.

 

I sent my Data Protection letter off on the 3 January, and received the a response with payment returned back on the 5th - not with statements though.

 

this feels quite quick to have received anything back from Barclays, having read alot of the threads on the Barclays pages. The letter seems to be the standard one, saying that they will send statements and that manual intervention is not covered under the DPA. So now I am playing the waiting game...but I'm not holding out on getting a return before Feb looking at other people's responses!

 

Just a quick Q, which may or may not be of relevance or interest, but when my account was a student account, I rarely - if ever - had penalties put on my account for bouncing cheques or over my overdraft charges. Surely in some respects this means that there are no, or very very small, admin charges associated with overdraft breaches, as from what I can remember of the contract, it actually said they would be applied - so it wasn't anything 'extra' I was paying for. I think this all changed when i got my Graduate account, and they began whooping it on me big time (£75 some months) - which leads me to another point. when I graduated I was on a zero % interest overdraft for the first year, does this mean when I get to the court stage I can't claim interest, or would I use another template?

 

Cheers

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Thanks Travellertoo,

This is actually the stage I am at. I have spent a long time reading the info on the site and making sure I had in straight in my head, and my new years Resolution was to bloody well get on and do something about it! So here I am. I am currently waiting on the 6 yrs worth of debt to land on my doorstep and then it's all guns blazing!

 

Thanks for checking and come back soon!

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Good luck PJ

 

I've actually claimed for longer than 6 years, you've already seen one of my threads. I have two, one for Barclays where I have just sent back my AQ and Lloyds TSB where I have just found out my Prelim hearing

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Thanks Travellertoo,

This is actually the stage I am at. I have spent a long time reading the info on the site and making sure I had in straight in my head, and my new years Resolution was to bloody well get on and do something about it! So here I am. I am currently waiting on the 6 yrs worth of debt to land on my doorstep and then it's all guns blazing!

 

Thanks for checking and come back soon!

Good luck PJ!

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Whoareya, can I ask what you entered for 'other info' in your AQ?

I haven't worked out an easy way of finding specific people yet. Is there a quicker way than trawling through all the pages?

 

 

Have a look at this thread to see if it helps. I used this for my Lloyds claim and then cut the paste the bits that weren''t relevant.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html

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Hi again all,

I was in the Egg forum (you may think Barclays are being hard - you wait til you see Egg!!!) and happened across this post, which came from yet another forum post!

 

It makes interesting reading, and I was wondering if this type of thing has been either:

- added to the lawpack in some form

- added to the AQ in -erm- sectionG i think

- added to the letter to the bank at an earlier stage as a bit of a 'well we know you're going to settle, you know you're going to settle, and the courts are getting a bit pee'd that we both know this and so do the courts, so WHY don't you just SETTLE!!!

- or any other place?

 

Opinions, as always, are greatly received, and always read!

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Having seen BankFodders announcment that Parliament are debating this subject, I have taken his advice and emailed my MP, the emailis as below:

 

Dear Mr XXXXXX,

 

I am a resident living in XXXXXX, and also a member of the Bank Action Group, and am currently in the process of reclaiming money from my bank that OFT has agreed would have been taken unlawfully as the charges have been deemed as penalties and not admin costs. The Bank Action Group has been successful in helping many people reclaim lost money, for which many people has stated that had these charges not been levied in the first instance, then their level of debt would have been greatly reduced or even not a red balance at all.

 

I am writing to find out if you will be attending, and what your position is, on the Adjournment debate in the House of Commons next Tuesday? the debate is being led by Matthew Taylor, Lib Dem spokesman for Social Exclusion, and I would hope that you would be debating for the banks to openly discuss the actual cost of bank charges, helping to bring many people out of debt - a subject which I am sure is close to your heart for the XXXXXXXXXXX constituency.

 

To help you understand the levels that banks are going to to hide this disclosure I would draw your attention to the Bank Action Group and the wotk they have been doing. Judges around the country are becoming increasingly annoyed by banks delaying tactics, and one judge in Lincoln has openly stated that defendents who try to run the course of filing court proceedings in the hope that the claimant will drop the case due to nerves or funding will have their defences struck out, and the claimant awarded their claim.

So far no bank has followed a case through to court, and I am sure many people of the Bank Action Group feel this is due to the nervousness of banks fearing a judge ordering standard disclosure - which when produced would show the real bank costs for administration costs for a banking institution.

As an example of how much people can be out of pocket, and not even know or consider it, if someone has been charged a £25 fee once a year for ten years for a failed direct debit or overdraft breach, then that person has amounted a £250 loss which the bank cannot justify. To show what this refund could mean to people both in and out of Thanet, I draw your attention to a Uswicth survey which reported:

'The uSwitch survey indicates that 28 million of the 40 million British adults with a current account now have an overdraft facility.

A massive one in four account holders admitted to being permanently overdrawn, with the average overdrawn balance at around £-677.'

 

This would mean that over a 1/3 of the overdraft for a typical person could have been reduced if banking fees were inline with actual costs!

I hope that you will be at this debate and supporting the argument for your constiuency, and hope that my email has offered some support towards this.

Many thanks

PJDavies2000

 

It sounded ok to me, and is more to make sure the MP is working for me and not against me! Has anyone else decided to email their MP yet?

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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I was wondering what happened about the commons debate - so I googled it and found the basic arguement the MP was going to use on the LibDem site, which basically says that he knows the charges are illegal (his words!) and he has brought many cases against banks, and never have they entered court.

 

As this has now been debated in court, is there a reference that we can use to highlight this in our legal packs when we get to it?

 

The more ammo the better I say - but I doubt you can reference a website? Or could I just print his quotes out and record where the information ca,e from?

 

I know I don't need to do this yet, but there is no harm in accumulating whilst I am waiting for the 40 days to run adrift!

 

Thanks, and hope all is going well everyone else!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Cheers Peter

I have replied on your post.

 

Makes interesting reading, and I believe could now been seen by parties as an electorate bargaining tool:

'Vote for us, and we'll get you money / save you money'

 

You don't hear that very often froma government!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Hi everyone,

I had a weird thing happen on Saturday - I received something rom Barclays...ONE STATEMENT!??! I sent my SAR off on 3/1/06, and received thier confirmation on 5/1/06. Since then I have (as expected)eard nothing and then one statement (a copy as it has print date details on the side - this says it was printed on 18/1/06) through the post!

 

The envelope was hand writtien, and had nothing in it b this one statement - the postage was 1st class.

 

Do you think they have messed up my SAR? Or do you think they maybe missed a statement or even found one lying around (hope not!!!) and posted it out.

 

Should I contact Barclays for clarity on thisor just wait for the 40 days and then make a noise?

 

Any help (esp from people who have just received their statements: did yours come in hand addressed envelopes?) would be gratefully received as always...

 

Thanks

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Well you stick to your timetable, and if you haven't had a reply, then you move to the next step.

 

Have a look at the FAQ and you will see what to do next. You have left it a rather long time though!

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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No probs!

 

Does anyone have any extra thoughts on my question about the single statement arriving. I still havent had anythign else through, and am now thinking I will ring the bank...

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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  • 2 weeks later...

Ok, so not to worry, all the other statements finally arrived - although not before I had Barclays customer security getting worried that they had sent my ENTIRE banking history to someone else! HA, I actually wish they had of, can you imagine the problems that would have caused them!

 

So it turns out I am owed £910, which I thought was alot less than I had been charged - but still every penny counts!

 

I am using the Compound Interest charging sheet (adding a few hundred more pounds to my cause!) so in total I am claiming just under £1250! wohoo to me! The extended compound interest sheet is no more difficult than the simple one, once you look at it and understand the idea behind it, so why shouldn't I claim that back as well!

 

Last week I opened new accounts with Halifax, who I have to say were alot more polite and nicer about my accounts and money than Barclays ever were - and when i get my cash I will be more than happy to move that money to my new accounts with Halifax (they also gave me a hundred pounds to move my DDs across - HA! have that mr Barclays!)

 

So I sent my letter asking for my money back last Wednesday, which, giving it a day to arrive means they had it in their mitts on the 8th - meaning the old LBA goes out on the 22nd! Can't wait (I actually have it all typed and ready to go - he he he - not that I don't expect them to pay up! ha!)

 

So yet again the waiting game begins again!

 

One thing I found funny and strangely laughable was the fact that my statements all came through in SEVERAL different formats, from photocopies of statements to lists of figures to print out of account usage - yet another ploy to confuse and delay no doubt!

 

Although I am only claiming for the £910 of charges I was quite shocked to learn that my first ever charge was in April 2004, meaning I accrued these charges in less than 3 years - and it also means they can stuff their 6 yr rule where the sun don't shine! Because it doesn't apply to me - right or wrong!

 

Anyway, enough gabbling (guess who was on hols last week) so until the 22nd aurevior!

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Received the 'Sorry to hear you have a complaint, have a leaflet on how to lodge a complaint with us' letter yesterday.

 

This makes me laugh - surely the fact I have sent a letter of complaint, suggests to them that I am aware of how to make a complaint, because I have just made one!

 

Well, I suppose they need to pad the envelope out with something until they have to send the envelope with my big, fat cheque in it!

 

So, I'm just holding on now until I send the LBA and then I expect a 'settlement' letter about 10 days later, and then it's off to MCOL we go.

 

I'm so sure of this I have already registered with MCOL!

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Hi pjdavies2000:confused:

 

yes barclays sent me a very confusing statements but I still was able to find the penalties. but how about the later part of last year's and early this uear they have charged me again. Can I claim on that as additional refund.

 

I sent them the LBA on December 16, 2006 they received it on 22nd as i sent it via recorded delivery and becasue I have not heard from them so I rang them, spoke with the person in complaints department and he told me that i was sent this letter refunding me the £80 as their "gesture ..." . What am I going to do next as i have sent them the LBA already? Please help!

 

Thank you

 

davaom2:confused:

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