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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
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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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Help !!!!! Allocation To Fast Track **WON**


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Morning everyone !!

 

Claiming off barclays, sent prelim letters, sent LBA letter (*2). recieved offer which I politley refused. Sent letter today Sorry you are not satisfied, but that all we will offer ...... Barclays 14 day deadline runs out on the 28th November do i give them to then to increase the offer or do I apply to the courts now. I can't believe Barclays want to pay extra cost my claim is for only £300. Better in my pocket then theirs tho

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Morning everyone !!

 

Claiming off barclays, sent prelim letters, sent LBA letter (*2). recieved offer which I politley refused. Sent letter today Sorry you are not satisfied, but that all we will offer ...... Barclays 14 day deadline runs out on the 28th November do i give them to then Yes, that's what you said in your LBA.

 

or do I apply to the courts now No, stick to your time-table don't cut any corners. You would expect them to.

 

I can't believe Barclays want to pay extra cost my claim is for only £300. Better in my pocket then theirs tho

 

Good Luck

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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  • 1 month later...

Good morning

 

Just recieved my post this morning and in it was my notice of allocation to fast track.

 

I filled out my allocation questionnaire and sent it back agreeing to it being put on small claims. My claim is for last than £370.00. I sent back with the allocation the new stratergy that is posted on this site. Today i recieved this back:

 

District Judge has considered the statements and case and allocation questionaires filed, and allocated the claim to the fast track.

There be standard disclosure of documents by list between the parties by serving copies together with disclosure statement by 4pm 12/02/07

A defaulting party will not be permitted to rely on any document of which disclosure has not been given persuant to this order.

Each party shall serve on every other party statements of all witnesses as to the fact upon which he intends to rely at trail, There shall be simultanous exchange of such statements no late than 4pm 26/03/07

the witness shall stand as evidence in chief at trail

Evidence will not be permitted at trail from any witness whose staatement has not been disclosed in accordance with this order.

no expert evidence being necessary, no party has permission to call or rely on expert evidenve

The matter be listed in a 3 week trial window commencing 19/07/07 with a time estimate of 3 hrs

The trail checklista to be filed by 4pm 14/06/07

The claimant shall file with the court not less than 7 days before trial a budle comprising of the following: an agreed case summary

an agreed proposed trial timetable

the pleading

the statements of the parties and witnesses as to fact

the skeleton argument and reports of any cases upon reliance is placed

 

Any party affected by the terms of this order may apply to have it set aside, varied or stayed within 7 days

 

I have to fill out a pre trail questionnaire and pay £275.00.

 

I am really stressing i was prepared for the small claim track and cannot believe they have allocated it to fast track and I have to pay out even more money.

 

What do i do first ???????? Would really appreciate all your help at the moment, new baby, no sleep and now this

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From What I can gather this is good for you!

 

The Bank will have to give full dislosure (ie tell the court what it 'actually costs' which they certainly do not want to do!

 

IE it should make them pay up quicker!

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So what do I have to do by the 12/02/07 ???

 

There will be standard disclosure of documents by list between the parties by serving copies together with a disclosure statement

Sorry to sound sooooo thick, my hand was all sorted for small claims and this has ent me in a spin

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what do I do next, what do I have to produce to the court by the 12/02/07 do I have to have my full court bundle ready by then and hand it in. I don't quite understand the

 

"standard disclosure of documents by list between the parties serving together with a disclosure statement"

 

I must be so thick as not to grasp the basic concept of the english language ... but this has got me sooooo confused. Any help will be much appreciated all I can offer it cold cups of tea and lots of dirty nappies from my new born. May be that is why I'm losing the grasp on english you do lose touch with reality when you have a screaming 3 month old

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Araiangel,

try sending a personal message to 'BANKFODDER' [admin]

http://www.consumeractiongroup.co.uk/forum/members/bankfodder.html

 

it does sound to me that the judge is trying to work it in YOUR favour, He knows the bank cant defend, they never do.

.

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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http://www.consumeractiongroup.co.uk/forum/members/bookworm.html

Bookworm always has good advice.

Take what he says onboard, very reliable.

Good Luck - dont panic!

.

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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Good morning

 

Just recieved my post this morning and in it was my notice of allocation to fast track.

 

I filled out my allocation questionnaire and sent it back agreeing to it being put on small claims. My claim is for last than £370.00. I sent back with the allocation the new stratergy that is posted on this site. Today i recieved this back:

 

District Judge has considered the statements and case and allocation questionaires filed, and allocated the claim to the fast track.

There be standard disclosure of documents by list between the parties by serving copies together with disclosure statement by 4pm 12/02/07

A defaulting party will not be permitted to rely on any document of which disclosure has not been given persuant to this order.

Each party shall serve on every other party statements of all witnesses as to the fact upon which he intends to rely at trail, There shall be simultanous exchange of such statements no late than 4pm 26/03/07

the witness shall stand as evidence in chief at trail

Evidence will not be permitted at trail from any witness whose staatement has not been disclosed in accordance with this order.

no expert evidence being necessary, no party has permission to call or rely on expert evidenve

The matter be listed in a 3 week trial window commencing 19/07/07 with a time estimate of 3 hrs

The trail checklista to be filed by 4pm 14/06/07

The claimant shall file with the court not less than 7 days before trial a budle comprising of the following: an agreed case summary

an agreed proposed trial timetable

the pleading

the statements of the parties and witnesses as to fact

the skeleton argument and reports of any cases upon reliance is placed

 

Any party affected by the terms of this order may apply to have it set aside, varied or stayed within 7 days

 

I have to fill out a pre trail questionnaire and pay £275.00.

 

I am really stressing i was prepared for the small claim track and cannot believe they have allocated it to fast track and I have to pay out even more money.

 

What do i do first ???????? Would really appreciate all your help at the moment, new baby, no sleep and now this

 

This is simply a list of all the docs that you will rely on at the trail - everything should be included as you cannot add new info to it. So a list of correspondnace, cases you rely on etc. If you PM me an e-mail address I wil lsend you the simple format on a spreadsheet for you to fill in. Most of the info you need can be found in the standard bundle.

This is very unusual for such a small claim. When do you need to pay the £275 by?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Two threads merged into one

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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The fast -tracking of this case is likley to lead to a fairly rapid settlement of your claim including all fixed costs including the £275.

 

On the other hand it probably has been handled this way as a test of your resolve.

 

I can imagin that Barlcays will wait to see whether you are prepared to put n the £275 rather than withdraw. When they do see you put in the £275 they will settle rather than make the dislcosure., they have settled very much larger sums than this. I would suggest that you don't worry. Make the payment and then wait for the cheque for the lot.

 

I do think that it was unfair of the judge to do this for such a small claim but it is Barclays who will loe out not you. It sends another message to the bank that the judges want to see their costs. You can send a message to Barclays that you are certainly prepared to invest what it takes to get your money back.

 

barcclays are making huge profits from their charges. It will have to come to end soon.

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Hello I worked for royal Bank of Scotland. The visa company at harrogate were notorious in our office for being like a pirate vessle in her majesty's fleet.

 

I have just closed my Visa account that I origionally opened to build good credit history with the shark experian.

 

After being told my account was closed they screwed me with a final charge on the account. I had moved home and by the time I had got my mail They screwed me again twice for two £30 missed payments.

 

The guy told me over the phone to tear up my card. It was not finalised. They got me! my phone number is 07922987741.

 

I'm going to cort!

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Good News ,My account was overdrawn when i took out steps to recover my charges by sending letter 1 to my local branch .It was 22 days before they sent it to head office and i called to follow up ..and was given a ref number. I then sent letter 2 ..and gave them 14 days included in the text from the 3rd Jan ...They sent a letter offering full refund to the day i claimed.. however ..as charges kept on being added to the account ...from Dec 06 ..i accecpted the offer with a clause ..i could claw back those charges not recovered. However as my account is up and running ..i might not go after any futher amounts as the main amounts are returned with interest at 8%.Many thanks for all the information and RBS have a backlog of claims mounting each day as i had a long converstion with the legal dept re time scales ...1st told they turn claims round in 10 working days ..then told 10 weeks ..when i gave them 14 days or into court you go .Regards Mobberley08

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Thanks gizmo and bankfodder. Gizmmo hope to see the spreadsheet soon. I can see myself spending lots of nights getting no sleep rather than the 3 hours a night i am getting now !! OH WELL its all for a good cause. Thanks for all the help. This site is a lifesaver. Im sure there is lots more questions to come .......

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  • 3 weeks later...

HELLO EVERYONE - JUST A QUICK UPDATE. After lots of panicking and getting paperwork sorted barclays phones to say that they would pay all that i was requesting !!!!

THE MONEY HAS BEEN PAID IN AND OUT TO A DIFFERENT ACCOUNT.

A BIG BIG THANKS TO EVERYONE ON THIS SITE COULD'NT DO IT WITHOUT YOU !!!!

A DONATION IS ON ITS WAY

 

could a mod change the title to WON !!!!

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HELLO EVERYONE - JUST A QUICK UPDATE. After lots of panicking and getting paperwork sorted barclays phones to say that they would pay all that i was requesting !!!!

THE MONEY HAS BEEN PAID IN AND OUT TO A DIFFERENT ACCOUNT.

A BIG BIG THANKS TO EVERYONE ON THIS SITE COULD'NT DO IT WITHOUT YOU !!!!

A DONATION IS ON ITS WAY

 

could a mod change the title to WON !!!!

 

************CONGRATULATIONS**************

Did you ever get my e-mail?

Consumer Health Forums - where you can discuss any health or relationship matters.

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