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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.

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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.
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      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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jster v woolwich


jster$$$
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barclays 1 churchill place london. as from may woolwich will exist no longer :) and all us poor souls with the woolwich will have barclays accounts what fun (not!) wonder if they will transfer my overdraft to barclays somehow me thinks not...be interesting to see what happens

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i'm ready to file with mcol tomorrow just need to clarifiy a couple of things in "Organisation's Name" do i put the woolwich? and "address" do i put head office customer relations, 1 churchill place?

 

really sorry for the questions but i'm so worried i'm going to get something wrong.

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thanks michael.

 

one more???;) i think i read somewhere that i have to send 3 copies of up to date schedule to mcol is this correct? also do i send a copy to woolwich/barclays and is there a specific letter that goes with it?

 

many thanks

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Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely

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Hi Jester

yes 1 copy to Barclays, 2 to the court, and 1 for you:D

 

No specific letter, Send a covering note with each shedule and make sure you court claim Number is clearly marked on the shedules.;)

 

AL:)

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

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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  • 2 weeks later...

UPDATE

 

So I received what seems to be the standard £1000 offer. I'm going to sent "thanks i accept as part payment but will continue for the rest".

 

They have until the 19th march to reply to my MCOL.

 

i guess its a waiting game now.

 

:)

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hi

 

i'm still reading loads on here and ive come across some doubts as to what i have done so far!:eek:

 

 

i had worked my daily amount of interest to be 0.50p. i have put this in my poc. as i said before i have read lots of posts and i'm a bit worried that i worked it out incorrectly. my claim at the time was for 2297.

next thing maybe nothing but i have to check!!! on my schedule i sent to mcol in the period of claim i put 17/08/2004 - 23/01/2007, however i had added charges which i incurred before i filed the claim and these amounts were added after 23/01/2007. in other words i forgot to change the claim period date!!!

 

please help put my mind at rest.

 

thank you

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Hi jstr

 

I too have had one response letter with one reference number from Woolwich OpenPlan even though I sent two separate SAR letters for two separate accounts on the same day.

 

Interestingly, only one of the accounts was OpenPlan but I think what I'll do is when I get statements, every piece of correspondence I send them from then on will have a My Ref in letter heading so I can demonstrate that I will have always presented and regarded the two accounts as unrelated disputes.

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

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well i received money from woolwich regarding my current account. as i said in a previous post i only sent dpa letter for this one. (it was only a small amount) shame i cant say the same for the big one still waiting for them to acknowledge my mcol.

 

will keep you posted

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well i checked mcol and the woolwich/barclays have acknowledged. i will waiting till i receive conformation as i'm not sure where to sent my schedule!!!

 

do i send excatly the same copy of my schedule i sent the court when i file mcol? obviously the figures would have changed since then. should i ammend the dates as i posted earlier i made a mistake.:o

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so today i received acknowledgment of service. signed by Adrian St John (solicitor) they intend to defend all of this claim :rolleyes: . will be sending schedule tomorrow. so do they have 14 or 28 days to file a defence? (i know this is all normal but still feel worried!!!)

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so woolwich haven't filed a defence. should i wait a couple of days as they seem to be submitting their defence late and this seems to be ok with the courts.......or.....should i start judgment? (it has been 33 days since i issued the claim)

 

any comments very much appreciated

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Hi jster

Its not unusual for them to file late just sit tight if you have heard nothing by the end of the week phone the court.

If you did apply for judgement i believe they would only apply for set aside which leaves you in limbo.

They are snowed under with claims (and theats no excuse for them being late) but they will file a defence, and then you will get an Allocation Questionarie to fill in, then you will get a date for a hearing, then you will get your money.

So be patient, I promise your time will come ;).

 

AL:)

  • Haha 1

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

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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well after my post yeaterday i checked mcol today and they have filed a defence:eek: . so will wait for that to arrive.

 

no doubt i will be back to ask more questions in the next couple of days!!!!

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