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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 
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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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Davies v Barclays **WON**


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Hi - You can add any new charges to your schedule up to the point you submit MCOL - after that there is a charge for any amendment to your claim and it will slow the whole case down.

 

If you incur any new charges after MCOL is started it is probably better to just wait and start again with a new claim once the first is complete.

 

Just my opinion.

 

Peter

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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Well I am all ready for the 22nd (actually I am sending it on the 23rd, then there is no qualms over the exact date as they won't act on it until the following Monday - not that my clock won't start on the Saturday when they receive it:D).

 

I am adding as much stuff on this as possible, and am wondering whether I should be calculating any other bits and bobs - ie stamps, time etc. I think it's fair to add that on when I get to MCOL stage, but do I have to notify Barclays of this in advance, as the first they will hear of it will be when they see it on their desk?

 

Also, does anyone know of any cases where people have added the cost of the court day (as in the day off I will have to book) as a charge, and how would this be done, as it can't - without cost - be added to the court papers? Do I just ask for it at settlement time?

 

The more I read, the more I realise people are still airing on the side of caution, and in reality terms, the banks are not being made to 'pay' for this, merely returning to sender what was taken.

 

I really want to make sure I can take every single drop of blood from them, and these seem like the ways of wringing the towel dry (ok that's the last of the analogies I promise!)

 

Any thoughts or Ideas are as always gratefully received!¬

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Well I am all ready for the 22nd (actually I am sending it on the 23rd, then there is no qualms over the exact date as they won't act on it until the following Monday - not that my clock won't start on the Saturday when they receive it:D).

 

I am adding as much stuff on this as possible, and am wondering whether I should be calculating any other bits and bobs - ie stamps, time etc. I think it's fair to add that on when I get to MCOL stage, but do I have to notify Barclays of this in advance, as the first they will hear of it will be when they see it on their desk?

 

Also, does anyone know of any cases where people have added the cost of the court day (as in the day off I will have to book) as a charge, and how would this be done, as it can't - without cost - be added to the court papers? Do I just ask for it at settlement time?

 

The more I read, the more I realise people are still airing on the side of caution, and in reality terms, the banks are not being made to 'pay' for this, merely returning to sender what was taken.

 

I really want to make sure I can take every single drop of blood from them, and these seem like the ways of wringing the towel dry (ok that's the last of the analogies I promise!)

 

Any thoughts or Ideas are as always gratefully received!¬

 

Peter

 

 

Are you claiming contrctual interest.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Do you know what...I'm not too sure now??? I am using the advanced spreadsheet on Vamp's website, so am claiming interest THEY charged me back, plus interest on that that I have lost over the years. However, I am not (although now looking into it) claiming back compounded interest on the charges, as per Tanz's posts. Although it seems straight forward enough, I can't say I've read a post where this has been done (in Barclays) yet, so am not sure.

 

One question - if I did decide to change the amount I am claiming, would I need (as I am just about to send LBA) start from sending the prelim again, or can I adjust in the LBA, stating that further to my initial letter dated...I am now pursuing a higher claim of....with interest charges of.... over the last ... years. And then continue?

 

Keep 'em coming!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Ok so I am ready to post my letter yesterday, when what happens - the postman arrives with a letter from Barclays - how strange me thinks, I'm not due a letter from then, so I open said letter and find Mrs Jane Besley is offering me £455 (half the charges - not the total though) back as Full and Final - I laughed! Of course I'm not accepting, but did decide to up the ante with them a little and readjust the standard letter a bit to through a little more Umph into it - especially as now I have a real person to throw it at!

Oh, and a big thanks to Mrs Besley who kindly sent me a pre-paid envelope in which to send my letter! Nice one!

 

A copy of the LBA I am sending is below (I sent this yesterday, hopefully just before last collection! But I am being excesively kind and am starting the 14 days from Monday!!!)

 

Enjoy...

 

Dear Mrs Besley,

 

ACCOUNT NUMBER: 1 zillion and 1

 

I am very disappointed that your letter, dated 22 February 2007, (ref 1002JQ1N) has failed to satisfactorily resolve my dispute with you, over the refund of bank fees, to the total of £1041.11.

 

I accept your offer of £455.00 only as partial payment towards my full claim, which I will now continue to pursue.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

Since my first letter, and schedule of charges were sent, my claim against you has risen, and I now calculate that you have taken £910 plus £149.32 which you have charged me in overdraft interest for the sum which you have taken. Total £1059.32.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 7 February 2007.

 

I require repayment in full of this money and if you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs, which will include my personal time in completing the claim forms at £9/hour, and should this claim be allocated a court hearing, the cost of one days leave for me to attend court, plus stationary and printing costs involved in compiling my claim against you. I will file a claim with the courts without further notice after the 14 day period has expired, which will be the 11 March 2007.

 

Yours sincerely,

 

Peter James Davies

ACCOUNT HOLDER

 

Well that's the letter and as I said, it is in the post winging it's way to Mrs Besley, where hopefully she has a big fat cheque waiting for me! :D

 

Bring on MCOL and another 8%!!! wohooo!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Ok, so I went to a Barclays branch that is close to where I work, wanting to cancel my Additions account and return to the standard account. I go in and say to the lady that stabnds at their new 'floor' desks

'I would like to cancel my additions account and return to a regular standard account'

she says, 'ok can I see your card'

I hand it over and she says 'ahh, I'm afraid you have to go to your local branch to cancel additions, we can't do it here'

I then ask why not and she says 'it's the only thing we can't do in other branches.'

I could not believe this, and went on to say that unfortunately my actual branch is in Lincolnshire, and as we are standing in kent, I don't think I'll be able to pop in there any time soon!

She then said, 'well I'm sorry, but I can't do it here, so you'll have to write a letter to your branch and ask them to cancel the account.'

 

As if I need Barclays winding me up any more! So this morning I will be ringing their customer services and asking why this is, and what they are going to do about it! Bloody company...

 

(sorry a bit of a rant, but they were happy enough to set up my additions account at this branch...)

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Ok, so alot of people seem, at the start and definately towards the end, to be concerned about WHEN they will get their money (which is nice seeing as the older posts were alot more IF I get my money!)

 

I decided to have a wee look into this and here are my results, based on the last 16 *WON* cases in the Barclays forum that are:

a) solely Barclays and not Woolwich or Bcard (or a trading name of Barclays)

b) have a SAR date and a WON date entered

c) Seem to be regular cases, by this I mean aren't overly complicated or carrying unusual weight behind them.

 

For my sample size I used the first 16 cases that met my above criteria, the first ones were chosen as I believe these will better reflect the current or recent situation of the courts and Barclays mind-set...the results are as follows...

 

The shortest case was achieved in a mind-blowing 90 days, with the longest being an agonising 330 days!

 

There are several ways to work out an 'average' below are the three I have chosen to use:

 

Median - the mid point - by lining the number of days all up and choosing the middle one I was able to work out that 169 days is the median of the sample - this type of sample is very good as it helps to ignore the 90 and 330 days in my next figure...

 

Mean - the sum total average - by adding all the numbers together and dividing by 16 I was able to calculate that the mean number of days was 182 days which is slightly higher than the median average above.

 

To try and reduce this gap, I decided to remove the largest and smallest numbers, add them up and apply the mean calculation again, this gave a total of 178 days.

 

From these dates it can be seen that the 'average' case takes between 169 and 182 days from sending SAR to receiving funds in your account. The figure of 178 days is likely to be more reflective, and for most people I would assume this to be the likely date of receiving funds from the outset of your claim.

 

I hope this helps people understand better the length of a Barclays claim...

 

...however I accept no responsibility for the accuracy or the validity of the above averages - these are merely a form of recognition from known cases.

 

Peter

 

(BTW this would mean my personal case - started on 3 Jan 2007) would be won on Friday 29 June 2007 (which strangely is the last day of my summer holiday!!!)

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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  • 2 weeks later...

Just a quick update - I've been soooooo busy since my last post, and just haven't had time to keep all informed as much as I would like.

 

After sending back my LBA with acceptance of £455 as partial payment, I was suprised to receive another letter from them saying, basically, that she understands that I want to reclaim all the money, but that it is not the banks policy to offer full amounts, but that if I still wnated, then the £455 was still on offer. If I didn't want it, then she was sorry, but at this stage cannot offer more.

 

I found all this very interesting, and am suprised that they actually sent another letter - I haven't seen this too often on the forums - with a bit of a sympathetic ear!

 

Anyway, I didn't reply to that letter - I don't think they even expected me to! - and have now filed my case on MCOL...the date before it's deemed served will be the 17th March 2006, with the 14 days to acknowledge being - funnily enough - the 1st April...(more fool then :D ).

 

Anyway, not much more to say at this point, will let you all know if there are any further developments!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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  • 1 month later...

Ok, so it's been a while, and to be fair, with work being a little hectic at the moment, I probably haven't been on the ball as much as I should have.

 

Basically, Barclays filed a defence, and and my case was transfered to my local court in Ashford.

 

I hadn't heard anything for a couple of weeks, so phoned and asked if they had dispensed with their AQs, she said unfortunately no (they are her exact words...obviously as pee'd off as the rest of us at dealing with them!) and that I would receive it in due course.

 

It appears Due Course is the 9May, as it turned up yesterday on my doorstep - when I got home and saw a large A4 manilla envelope I knew what it was before I even picked it up! - and so am now completing my AQ.

 

So I have until the 25 May to return the AQ, and I assume the same applies to old Barclays! In a way I'm a little pee'ved as I was hoping to pay the balance off my holiday with the money, but its not a hassle, just an inconveinence!

 

Having read a few posts again, I think as soon as I get a court date - which appears to be about two weeks after AQ submission, I'll be Barckays Litigation Departments favourite caller - I may even add their direct dial to my mobile, just like we are friends! lol!!

 

Anyhows, I best push off again and sink back into my desk (which is now only 4 inchs deep in paper!

 

Hope all is going well - I have caught up with Torigirls posts and Emmys, and can see that Norfolk is the place to be! I may yet beat Emmy as she has been diverted to Mercantille Court...

 

Thanks Y'all!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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hmm - so they haven't even sent the AQ in, and the court is giving them longer to do it.

 

hmm - well, I suppose the line at the photocopier is getting pretty long, but I think even by Barclays standards, 5 weeks to copy the same info is pretty OTT!

 

Is it possible, in your case, to send the court a letter stating that you believe it is unfair to allow them extra time, and that should Barclays return a standard AQ argument, that you ask the judge to strike out any defence and award in your favour as the bank have clearly been wasting court time?

 

I'd like to think it would do something, but not sure what people think...

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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I don't if it would make any difference or if it would annoy the judge. I would be interested to know what others thought.

 

I have thought about phoning barclays but I don't know whether it would be worth while.

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I just found this thread, which may be useful - especially if you were thinking of contacting the court - I know it's for the actual AQ, but I can't see why it shouldn't still be accepted as an addition to your AQ, especially if they are giving extra time to Barclays!!!

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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  • 2 weeks later...

Ok, so this is where I am at now. After much diliberation on the subject of AQs I have opted to send in an AQ which, although not asking for Standard Disclosure, implies that if the judge asks for certain things upfront from the bank, that they will not supply them and drop out, saving the judge and the court alot of wasted time - it's the New Way of Thinking for AQs (not that new in that it came out in Dec, but new enough for me!!)

 

The AQ is V clever in that it tries to provoke the bank into dealing it's hand far sooner than it wants to, and as such means the judge should be much more willing to follow the draft orders I'm attaching than just going the normal route of setting a date and running with it.

 

Well, lets see what happens i suppose!

 

Hope everyone else is doing just fine and dandy!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Hi pjdavies2000

 

barclays have replied to me stating that they might reply soon or it might take longer. I have not files my small claims yet as I am scared. I am not that confident. please help me i need your assistance plese.

 

kind regards and thank you in advance

 

davaom2

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Hi Davaom

 

What stage are you at?

There is no need to worry, I was so worried but there is so much help here, that provided you listen and do every step you hopefully cant fail, I started in February and today at long last they agreed to settle. So it can be done.

Just ask as many questions as you need too, you will always get an answer, and it will be correct. So go for it.

Caz;) ps it can be alot of fun, i have had so many laughs on here it gets very entertaining sometimes

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Davaom

 

do you have your own thread, if not, start one, then people can follow your progress and you can ask questions easily.

 

Dont let the bank set its own time limits, YOU set them and if they do not comply, move onto the next stage, your in charge

 

PJ

 

I researched the new strategy for AQs lots and then was told by the court that the judge had dispensed of it, ha, just my luck. but its obviously a way to speed things up and prevent the Banks from using their usual delaying tactics.

 

Good luck

Barclays Bank - WON :-D

Virgin - Sent N1 form

Lloyds TSB - waiting for court case to end

Egg - WON :grin:

Barclaycard - statements sent for

Halifax - statements sent for

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Hi pjdavies2000

 

barclays have replied to me stating that they might reply soon or it might take longer. I have not files my small claims yet as I am scared. I am not that confident. please help me i need your assistance plese.

 

kind regards and thank you in advance

 

davaom2

 

 

This is your claim stick to the times you've stipulated, not theirs.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Yes Davaom, stick to YOUR timetable, and don't take NO for an answer!!!!

 

Cheers for advice guys, I'm def going down the 'forcing their hand' route, and I'll keep you all posted as to how it goes.

 

If this works, and it seems about 50/50 as to whether a judge follows the suggestion or not, then I could have my money within the month!

 

Although I won't be taking bets on it!!!!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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It's funny how stuff boils away in your mind, and then one day forms as an idea!

 

I was just thinking about the fact that it's been funny that the banks have not charged the £10 for SARs, especially as it could be quite a bit of work to sort out...

...then I thought, well that's funny...it 'costs' £10 for someone to get all that info sorted, compiled and posted to me, and yet costs £35 to tell me I've gone over my overdraft limit, which woud appear to be alot less work...'

 

How do they sleep at night!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Hey Peter,

I see that you are sending the court a draft of directions, so did I but unfortunatley still not heard anything about a date or the directions, hopefully they will action yours though, its good to show Barclays that we are willing to take the iniative(?) and not just sit back and wait for either them or the courts to do something!!! I'm still trying to get in touch with Paul Quinn but too no avail - yet!;)

Tori:)

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It's funny how stuff boils away in your mind, and then one day forms as an idea!

 

I was just thinking about the fact that it's been funny that the banks have not charged the £10 for SARs, especially as it could be quite a bit of work to sort out...

...then I thought, well that's funny...it 'costs' £10 for someone to get all that info sorted, compiled and posted to me, and yet costs £35 to tell me I've gone over my overdraft limit, which woud appear to be alot less work...'

 

How do they sleep at night!

 

Peter

 

Thats cos the Banks dont set the £10 fee

 

If it was up to them and on the basis that an automated letter costs @ £35, they would charge, probably about £2000

 

LOL

 

Paul

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