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    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
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    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
    • According to Parkopedia parking is limited to two hours.  I don't know how accurate this is though. What were you doing there for four hours?
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JackG - V- Barclays Bank


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the court is Gateshead County Court, and reading through the list posted by ICY on courts who have and have not granted stays, it seems Gateshead is doing this with every case (unless someone can say otherwise) and they are awaiting outcome of OFT case, so I think we'll hold tight until outcome also.

 

So, thanks guys for your input, but can't go along Thursday as case is 'vacated' so this means it no long exists on Thurs, so think I shd wait until Feb next year!

 

Also, I am just presuming that Barclays have not applied beforehand for a stay. Juding from their standard letter I got the impression they would be applying on the day (23rd), then reading Courts letter, it seems the DJ decided it himself!

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it seems the DJ decided it himself!

 

This is what makes me so-o-o-o angry, Jack icon8.gif

 

The banks have been using the courts for their own ends, wasting court time with impunity - then the bloody judge('scuse my French) plays right into their hands without them having to lift a finger. If the man/woman in the street had used the courts like this - they'd probably have been done for contempt of court.

 

Anyway, Jack, that's my moan over for now - I've been glad to help you when I could, but I respect your decision to wait for the ruling now.

 

Look after yourself, pm me if you like

All the best, JackG

John:) x icon11.gif

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Cheers Johnnymitch, your advice and support along the way has been much valued and it is very reassuring when people like yourself are there to help every time someone like myself is in doubt. Saintly1 and Dar£n have been very supportive also and I would like to thank you all.

 

I will pm you from time to time if thats ok, its nice to stay in touch with someone who has proved to be as helpful as yourself. Will post now and again if anything else happens. Reading through so many stories on this site proves we are all the same, inside and out, all honest hard working people who become a little unstuck now and again and have big people like banks, government etc who come along and pick a little here and there for their liking. But this site has proved invaluable and it amazes me every time I log on, how many others are out there ready to help and encourage others who are unsure and unsteady - best wishes to you all, good luck to all whose cases are going ahead, I will be rooting for you all and it will be lovely to read all the winning cases tht may occur before this BLOODY OFT CASE OUTCOME is decided.

 

There, feel better already.

 

Best wishes Johnnymitch, thanks a lot:) :p:-D

eeh! look what I just did - added funny faces to my message - its taken me long enough to find out I could do that - hee hee!

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eeh! look what I just did - added funny faces to my message - its taken me long enough to find out I could do that - hee hee!

 

Well done, you - better late than never, eh? You can add pictures too...

 

word0009.gif

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Hi Lucy60

 

Isn't it so annoying that DJ has decided on stays before cases even heard. Just shows that judges think this is all a waste of time what banks are doing. I am so annoyed as this seems to be playing right into the banks hands. Gives them time enough to look for more ways to charge us - like every direct debit we make!!!!! ha.

 

Thought I'd read somewhere that if dates were set for court cases before 25th July then the case should go ahead. I have known since end June that my court case was today. so I think by rights it should ahve gone ahead. All my bundle was ready and sent before deadline both to Barclays and the court, I have not even rec'd Barclays. they were not on time with their defence either.

 

So like me, you'll be watching with interest what happens next. this site is great way to catch up on stuff and be informed.

 

Good luck anyway with your case, roll on January! (ugh, never thought I'd ever say that, winter weather etc)

 

bye for now

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Hi JackG

did you get an offer off barclays at all, I was offered 75% of claim from customer relations and it was well after i had filed in court, i refused the offer only the week before the anouncement of the oft case, could have kicked myself as i could really do with the money now not next year, wonder if i ask nicely they would still pay out?

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Hi Lucy

 

I think this para from the FSA website makes it doubtful that you'll have any joy from the bank now. If you hadn't turned down the offer you'd have had two months to consider it, but..... well..... you know what I mean. :(

 

"you have just been made an offer of settlement by the bank/building society

You can accept the offer or wait for the outcome of the test case. You have two months to decide if you want to accept or reject this offer.

 

If you decide to wait for the outcome of the test case, you won't then be able to take up the original offer. "

 

Hi Jack ,nice to see you're still helping out, - I've just realised I hadn't answered your question on your post of 20th Aug - of course you can pm me - any time you feel like it, be great to hear from you.:):)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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  • 4 weeks later...

Heeeey Johnnymitch

 

Long time no talk eh?

 

Logged in from time to time to see whats happening. Thought I'd share this bit of news. My son posted me this msg tonight and I thought I'd share it with you and everyone else!

 

Heard the other day that bank cashiers are now allowed to give people their

>bank charges back in the branches, didn't know if you'd had any luck with

>yours! One of the girls at work has a friend who works for Barclays and she

>says it's made her life easier now because she can just credit the charges.

>

 

 

Let me know your thoughts on this, has anyone else heard this yet???

 

Does this just mean recent charges that are taken since OFT case has been declared or what?? would be interesting to know

 

How you doing Johnnymitch??? I've put the case to the back of my mind for now but keep looking around for news, nothing new happening it seems.

 

Take care and wil speak soon

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Hi Jack

 

Great to hear from you again! :D

Heard the other day that bank cashiers are now allowed to give people their

>bank charges back in the branches, didn't know if you'd had any luck with

>yours! One of the girls at work has a friend who works for Barclays and she

>says it's made her life easier now because she can just credit the charges.

>

 

That's a new one on me, hadn't heard that before. I know a couple of County Court judges have directed Barclays to stop charging 'penalty charges' until the OFT case is settled, but that's not binding for every case, just the named ones. I can't see them refunding willy-nilly at this stage. I think we need a bit more info on this - can your son maybe find out more from his workmate's friend who works for Barclays?

 

Anybody else got any thoughts on this - Dar3n? Saintly1 ? Slickwilly? :)

 

 

PS. - pm me if you like jack, give me your news since we spoke last... as you say things aren't really moving on the surface, a lot of ducking and diving going on behind the scenes though.........:D

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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I suspect the branch would only have power to refund an individual and recent charge. They'd have no discretion regarding a CAG-type claim going back several years.

 

This is, of course, purely hypothetical at this stage.

 

Slick

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I think you're right, Slick - can't see a local manager breaking ranks and paying out willy- nilly........ or even Slickwilly for that matter! :grin: :grin:

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Jeees,

 

It must be time for bed !! :rolleyes:

 

Slick

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ok guys, thanks your input yet again, son is going to try and find out more from his mate. I think you could be right on that one slick, maybe branches only refunding one off recent charges.

 

will keep you all posted if and when I get more info.

 

glad to see you all still got your sense of humour, well, they can't take that away, can they? but they could try charging for it!!!!

 

:lol:

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  • 4 months later...

hello Jack , nice to see you posting again.........:)

 

You could try this one - courtesy of Jowalshy from the HSBC threads....

 

BBC NEWS | Business | Banks 'try to dodge regulations'

 

Should give you an update on the case itself.........

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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  • 1 month later...

Hi Johnnymitch

 

missed your posting way back in Jan as had loads computer trouble. Lost all my SOC's had been collecting. Luckily had them all printed in my bundle. Re-did them on computer but lost them again in Feb! Flaming computers, nowt but trouble if you ask me!!!

 

Thought I'd log on as myself tonight and see what's happening. Been looking in on site now and again but apart from the whole country trying to reclaim and getting nowhere at mom, nothing much seems to be happening. going to look at your link now but probs out of date (my fault) If you hear of anything new please keep me posted. Never know where to look to read updates and nothing to hear in news, papers etc. Hope a decision made soon.

 

Good to hear from you, looks like you survived winter along with the rest of us, roll on Spring

 

best wishes for now

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Hi Jack,

Nice to see you posting again, my friend..:) .. as you say there's not a lot doing at the moment -- the cases at court are in limbo until the good judge makes his decision, so it's just a case of wait and see. But I'll certainly try to keep you posted if anything breaks..........

 

Of course if the banks lose they'll probably appeal and prevaricate until someone says "enough ! pay up and shut up" .

So don't hold your breath jack , but as I say , it's nice to have you back -

thanks to 'flaming computers' :D LOL!

Don't be a stranger now..........y'hear? ;)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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  • 4 weeks later...

Hi all

 

Computer been down for number of weeks now, just back on line this weekend. Anyone heard anything re' OFT test case in the news. Been searching BBC website but can't find any latest news.

 

If anyone can let me know, much appreciated. Radio and TV been deadly quiet lately, nothing much being said.

 

best wishes all

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