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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
      • 162 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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themadcap v barclays home mortgages


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sent prelim letter and schedule for £1700 got a reply today stating barclays disagree charges of £40 per month as an arrears admin charge are unfair but did accept liabillity for wrongful default notices and have appologised and removed all defaults from credit reference agencies (slight satisfaction there) i am about to send my LBA in the next 24 hours so any help if im doing anything wrong would be greatly appreciated

 

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  • 2 years later...

Back to court with barclays over their mortgage "arrears admin fee" £40 per month, cheeky blighters, already took them once a couple of years back for £2000+ this time its only for £430 but still they make you go all the way, got to pay a court hearing fee of £50 by 3rd nov and in court on 2nd dec, I take it i can just add that court fee onto the rest of it?

I know if its settled 7 days before the case the court refund the £50 to me so if barclays pay it to me first i might get it twice!!!!!

It makes you question the intelligence of these so called "solicitors" as they know full well the peolpe who will take it as far as need be yet continue to pay us more than they ever needed to.

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  • 2 weeks later...

I'll reply on the other thread.

 

:)

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Hi TMC,

 

What were the last orders given by the court concerning this forthcoming hearing.

 

Have you contacted Barclays Litigation to confirm that there is a hearing on 2nd Dec'r ? They may wish to settle beforehand, so have a copy of your updated SOC ready to send them giving them a settlement figure which includes court fees.

 

Remind them that you'll seek a Wasted Costs Order if they fail to settle before the hearing.

 

Moved to Legal Issues forum.

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Hi,

thanks for getting back,

Court ordered hearing on 2nd dec both parties to supply documents to be relied on 14 days before hearing date - 19th nov.

I have sent them a settlement figure last week and had a reply they are "investigating", the problem is the bundle needs to be in by 19th so can i put my costs on for producing the bundle -time paper printer cartridges - if they havent got back to me by the 18th?

ps dont know what a wasted costs order is can you illucidate

thanks

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Hi TMC,

 

The bank may not settle until they see you have complied with the court's order and prepared all your evidence ready for the hearing.

 

They may be "investigating" or they may be stalling in the hope that you'll fail to file your court bundle on time. If you don't do this, they will ask for your claim to be struck out.

 

Do you have your court bundle ready to File and Serve.

 

Perhaps too early to elucidate re Wasted Costs Order but read about it in article 29 here - The Consumer Forums - Bank charges templates (consumer)

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Hi slick,

my bundle has to be in by 19th, holding out on it in the hope they settle as its going to take a long time to print out 3 bundles, can i add the costs of time, ink cartridges paper etc if i do my bundle and then they offer settlement before the hearing?

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Hi TMC,

 

You can save a bit by only printing off 2 copies of the court bundle just now. Only print off the 3rd copy for yourself just before the actual court hearing.

 

Printing costs, etc are d/w by the Wasted Costs Order.

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Hi Slick,

Recieved letter today (doesnt say "without predjudice")- quite intimidating from Simmons-Simmons

will write out:

 

We are instructed on behalf of the defendant in this matter and write in advance of the final hearing 2/12/09. You will recall that the court gave directions that both parties serve each other by 18/11/09 details of the documents and evidance on which they will be relying.We note that to date you have not indicated what documents you intend to rely on nor have you adequately explained how your case is going to be argued.

 

As a result of our client undertaking a detailed review of this case in order to determine how best to defend its interests at the hearing, we have to tell you that on the limited information you have provided to date, we fail to understand the leagl basis on which your allegations are brought, notwithstanding our clients denial of what is alledged, nor how you can possibly prove your costs allegations.

It is of course for you to decide what to do, and wether you intenmd to proceed with this hearing, but we would respectfully urge you, in advance of the hearing to re-examine your arguments and consider carefully how you can expect to succeed.

If you were to withdraw the case now, we would not stand in your way, but we must warn you that if you do proceed we shall expect you to tell us when you serve your trial papers on 18th nov:

 

1. what mortgage terms and conditions you rely on?

2. what breaches of contract you rely on to found your "charges exceed defs losses" argument

3. why those terms and conditions are unfair and unenforceable under the UTTCR 1999

4. How you intend to prove in any case Barclays' charges exceed their costs (which is the argument we think you are running)?

 

Will you please advise us of any case law/or statutory provisions on which you will be relying at trial to prove the alldged unfairness of the charges, as well as your evidence to demonstrate that the relevant charges exceed our clients losses flowing from your (admitted) breach of contract.

 

We in turn will let you have our evidence and a summary of our arguments (which will be put by a solicitor or barrister) by Nov 18. In the absence of receiving further particulars of claim our client is unable to see the merits.

we look forward to hearing from you shortly.

 

Extremely intimidating in my view and would like to present it at the hearing as it does verge on threatening my lack of courtroom experience.

please reply asap as need to sort out bundle

thanks

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Hi TMC,

 

Have you put your court bundle together, as the submission of this will answer their letter and the assertions in it.

 

If you fail to File and Serve the bundle on time, your case will be doomed.

 

Playing Devil's Advocate, I don't see their letter as being particularly intimidating. Certainly I don't see that you have cause to complain.

 

If your court bundle goes in on time, you don't need to reply to their letter as your actions will say all that is required.

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Hi TMC,

 

All the info you need is in the Stickies here - Mortgage companies - The Consumer Forums

 

:)

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http://www.consumeractiongroup.co.uk/forum/mortgage-companies/52020-mortgages-faq.html#post424058

 

This confirms that the charges reclaiming process is basically the same with Mgge Co's as for banks. So the normal court bundle should suffice but it has to be carefully adapted to reflect your own case.

 

Have you actually started putting the court bundle together at all. There's a heap of printing to do as you need 2 copies - 1 to File with the court and 1 to Serve on the Defendant.

 

Make sure you have plenty of paper and spare ink refills.

Edited by slick132
typo

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Yes they are.

 

Are you using this link for the bundle. If so, you should be OK - http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=296&d=1174895919

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Hi TMC,

 

That would be premature.

 

You should first ask the court if the bank have sent any doc'ts into court. They may have done this, but not supplied copies to you.

 

Wait a few days, then contact the court to see if the bank has Filed any doc'ts.

 

Then come back here to update us.

 

:)

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