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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
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Davies v Barclays **WON**


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Cheers for that!

 

I've yet to understand why they haven't kept any of the SAR money though - seems a little strange to me, it would at least recover some of their costs (and pay for some temp staff to pay us all off!)

 

lol

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Ok, I feel like a rant...

...why are the courts not doing a sodding thing about the blatant waste of time Barclays are causing. I would think every judge in the country must be aware of this, and similar websites that are saying, post after post, that Barcalys have:

'told them they are payiong out claims for June at the moment, ring back soon'

'we will pay out once you have a court date'

'we will pay out when you [waste more time and money] sending your court bundle to us'

etc, etc

SO WHY CAN'T THE COURT USE THIS AGAINST THEM!!!

 

ARGHHHHHHHHHHHHHHHH!!!!!!!!!!

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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I agree with you, if barclays had paid out in Jan when I first approached them it would have saved them over £600 and a lot of time. I didn't have this problem with FD they paid after prelim and rejection letters, so much easier and quicker.

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Yeah - I'm just putting one of those online petition things together for the PMs office asking for a review of procedures in light of the current abuse of the court system by the banks. I'm sure if it is accepted, then I could get one or two sigs!

 

Also, it's a slightly different slant on hitting the banks - not on the charges, but on their abuse of the system! If it worked then it would force the government to look at the number of cases being started, and then failing to make their way to the end, because the banks use them as a delaying tactic rather than a means of verifying their stance!

 

You never know!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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  • 2 weeks later...

Hi all,

 

Please sign this petition to the Prime Minister asking for the government to review the court process and seek ways of making sure banks (and others) cannot use the court system as a way of delaying and bullying individuals into not taking action, or following action through, when the banks have no intention of actually using a court to hear their case.

 

Thanks

 

And good luck all

 

Peter

Sign my petition to the Prime Minister here:

PETITION

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Peter

 

!!!WON!!!

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Also, does anyone know the sort of timescale between AQ and court date?

 

If you ring the court does it speed it up any, or just annoy them?!!? I wouldn't want to pee the court off just yet!

 

Thanks

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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There is no official time for the AQ to court.

This is upto the judge when he decides to look at YOUR claim.

 

If you phone up you will prob be told that your file is with the judge.

.

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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Well still nothing from the courts - I suppose a watched kettle really does never boil...although if my letterbox started to boil I think I'd be in trouble!

 

Two things really today then:

1 - if anyone has an emailable copy of either 1996 or 1998 T&Cs for Barclays Current Account, could they let me know pls!

2 - sign my petition to the PM about the banks abusing the court system here: Petition to: form a commons review by the Home Secretary on the current abuse of the court system by banks, building societies and other fiduciary services in the UK when dealing with customers on 'unfair bank charges' claims. I could do with one or two more sigs! lol

 

Thanks

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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PJ, I have one that Saintly was good enough to produce, I have reproduced it to the size of A4 pages in Microsoft Powerpoint, If you are able to access Powerpoint I can email it to you,

PM Me with your addy

  • Haha 1

.

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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thanks both,

I PM'd Dar£n already Saintly, but thank you for finding the T&Cs in the first place (and thanks Dar£en for making them into A$ sheets!)

 

You both get a balance tip...although am sure you deserve much much more!

 

Thanks

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Well someone up there is shinning down on you (and by proxy the rest of us!) and casting a big ol' gloomy shadow over the banking world!

 

I love the fact that the banks (and now courts) through something at 'us' and instead of rolling over and submitting, people rally around together and sort everything out for the good of the 'community' - if nothing else, the banking charges thing is definately helping bring people back together...especially against large organisations who should know better!

 

Cheers again for the info, and I'm sure it will be of great help!

 

Thanks

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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no probs, well deserved!

 

I just wish the court would pull its honourable finger out and get me a date - I'm starting to get annoyed now, and just want this to finish...it's a bit like driving to somewhere you've never been before, you know you'll get there, and about how long it takes, but you can never predict the road works and hold-ups that will be put up against you!

 

COME ON COURT - and PAY UP BARCLAYS!

grr!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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I've just had a look through the T&Cs that Dar£n sent from Saintly, and am wondering what bit we are meant to leap on? Or is this purely so the judge cannot through a case out for not having the relevant docs?

 

One thing I thought was interesting is that it says that all charges applied to accounts will be debited after 14 days' notice...usually I got a letter telling me my account had been debited with the charge a couple of days after it had been applied!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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One thing I thought was interesting is that it says that all charges applied to accounts will be debited after 14 days' notice...usually I got a letter telling me my account had been debited with the charge a couple of days after it had been applied!

i noticed that had changed too, they used to put it on your statement saying you will be charged £xxxxxxxxxxxxxx next month,

.

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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yeah, I assume that that was a T&C that changed, it would be interesting to see how they worded that change, and what it was applicable to!

 

You never know, they may have called it a bank charged, and not a fee...or at least implied it by changing the way the debits were taken. And after all they state they work, where not stated otherwise, to the implied letter of the law!

 

Peter

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Sign my petition to the Prime Minister here:

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Peter

 

!!!WON!!!

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Thats a good point actually,

If anyone has still got the original statements and I know there are a few, could you look back to when they used to give advance warning on the charges to see what the wording was.

Im sure it said on xx of next month you will be charged £xx

and also the letters. any early letters referring to the same, if anyone has any check em out.

.

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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I also noticed this on the current terms for overdrafts:

 

Paid Referral Fee wide_dotted_line547x2.gif Fee £30 per account per day (maximum charge of £90) per account within each monthly charging period). A Paid Referral Fee of £30 is charged when we pay an item that results in your account going overdrawn by more than £5* without an agreed limit, or by more than £5* above an agreed limit. In addition, this fee will also be charged if we pay any further items that increase your unauthorised borrowing by £1 or more.

If you stay within your agreed overdraft limit for a period of 12 months we will automatically refund the first Paid Referral Fee incurred. If, however, your account does become further overdrawn you will incur paid referral fees in line with the above.

(Source: Barclays website)

 

Has anyone had a Paid Referal refunded? and has anyone had new T&Cs which state this? I assume this is a change to the T&Cs? This also backs up the point that they are stating this as a fee here for a service, but haven't defined the two as seperate in the actual T&Cs?

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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