Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
      • 161 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
        • Like

lthomp192 Vs Barclays ***SETTLED IN FULL***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6211 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everybody,

I have just registered on your Web Site as i find it to be east to use & the more friendly (according to some of the threads you all look down to earth and completely helpful to one anothere.

I am helping my son to re-claim bank charges from "Barclays Bank" (for the sum of £4413) to give you a bit of history, we hand delivered our "Court Bundle" to the Courts on the 02/01/07, we heard nothing back so we "Requested for Judgement" on the 23/01/07, couple of days later we had contact from the "Courts" saying they had filed an "Aknowledgement of Service" on the 23/01/07 stateing they are intending to defend the claim,, so we are now in the midst of our 28 day waiting period to see what our next step is to be.

well i will sign off for now, and get back to you when things start moveing

again, i might be looking for some advice from the more learned members

of our forum who are familiar with what happens next.

 

Regards lthomp192

Link to post
Share on other sites

  • Replies 88
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Jos, as i have already started Court proceedings prior to joining site, i have tried to put my details on the "litigation" section but it keeps nocking me back is there a reason for this? or am i doing something i should'nt?

Link to post
Share on other sites

We have recieved a letter from the "Courts" returning our request for judgement, because the defendant has filed a defence, which has been forwarded to us under seperate advice.

So looking forward to see what they have to say.

keep you informed - lthomp192

Link to post
Share on other sites

  • 2 weeks later...

Received the A/Q (N149) this morning to be completed by the 02/03/07, and returned to Southampton Court, also a copy of there defence which looks to be a standard letter from there solicitors (about three pages long). Will fill the A/Q in and get it sent off in the next few days then it's back to the waiting game!!!!!!

 

 

by for now B T.

Link to post
Share on other sites

Well done to you too "Bahoney" just follow the procedure and advice of the others and as things progress you will know what the next step is before it actualy happens, great isn't it???? anyway good luck and happy hunting!!

Link to post
Share on other sites

I would like to ask the question, if i am claiming on behalf of my Son, when things atart warming up (I E:-phone starts ringing etc) can i speak on his behalf or has he got to speak to them in person?? I just want to get things sorted out in my mind prior to the event.

Link to post
Share on other sites

  • 2 weeks later...

Recieved Court Date this morning in Post, particulars as follows:-

 

District "Judge Naylor" has Allocated claim to "Small Claim Track".

Hearing on 15th of May @ 1400hrs @ Southampton County Court.

Will take no longer than 2 Hours.

Documents (Court Bundle) + Court written Statements singed and dated including any docs which you intend to rely on at the hearing. this to be delivered to the the Court and other party by the 2nd of April.

 

Well here we are then folks,going to finalise the preparations of the Court Bundle now,and hopefully get it posted on Thursday (special delivery) to both parties so as they recieve it Friday. anyone has any special advice it will be welcome,also i was thinking of writing to Barclays on the monday (after they recieve the bundle) to give them a chance to settle, as a goodwill jesture on my part also it will show them that i haven't gone away.anyone with any information or anything they think i should know please feel free to post there thoughts as i am open to any advice that will help me along. Well i will get back to you when i have sorted out the Bundle ready for Posting. regards B T.

Link to post
Share on other sites

Checked through Court Bundle and added the Statment of Evidence today, will post them off tomorrow, as (stated in previous thread) thinking of writing to them on monday with a chance to settle claim prior to court hearing, good idea or should i just wait untill nearer the time????

 

regards B T.

Link to post
Share on other sites

Phoned up Barclays this morning finally spoke to a nice gentleman called "Dino" who is dealing with my case,he took some of the particulars down (date of hearing, date of docs exchange etc) I also slipped in the conversation that we would be prepared to settle out of court as a goodwill jesture but only for the full amount claimed including court costs, interest etc (which i read out to him) he said they were also looking to settle out of court and would be in touch in the next week or so. Well starting to see light at the end of the tunnel,well back to the waiting game once more, hopefully beck to you soon.

 

B T.

Link to post
Share on other sites

Posted bundle off to relevant parties on 15/03 realised had typing error in the "Statement of Evidence" & "Schedule of Charges" regarding Daily Rate Interest, was £6.48 instead of £64.80. Rang the Courts for advice, they told me to send a correction letter to both parties and that would be ok.

could you please confirm that this is correct way to do this as i don't want to make a mistake know being so close to the finishing line!!!

 

Regards B T.

Link to post
Share on other sites

The postman has been and gone, no Doc's from Barclays, surprise, surprise, i think the next step is to send a non-compliance letter to barclays (& a copy to the Court) i am right ?? if so to who do i send it to, the solicitor that filed the defence(Adrian st John) or the person who is dealing with my claim at Barclays?? Advice would be gratefully recieved. B T.

Link to post
Share on other sites

Did you see the news this morning, barrister is takeing (i believe it is Nat West) to court on Friday ref Bank Charges,wondering what the impact will be on claimants already a long way down the road with court cases being heard after this case on Friday?? B T.

Link to post
Share on other sites

Barclays "Non-Compliance" is up tomorrow (sent a 7 day to comply to courts directions, letter to Barclays on 05/04) all doc's should have been served by 02/04, if no doc's in post tomorrow morning will send a letter to the court bringing there attention to this fact also send copy of letter to Barclays and then see what comes up.

B.T.

 

Above letters to both parties posted recorded delivery @ 1110Hrs today 17/04

Link to post
Share on other sites

Barclays "Non-Compliance" is up tomorrow (sent a 7 day to comply to courts directions, letter to Barclays on 05/04) all doc's should have been served by 02/04, if no doc's in post tomorrow morning will send a letter to the court bringing there attention to this fact also send copy of letter to Barclays and then see what comes up.

B.T.

 

Above letters to both parties posted recorded delivery @ 1110Hrs today 17/04

 

Just wondering wether i should be doing anything regarding the above as it is now 17/04, and have'nt heard any update from the courts, is this the norm? or should i be fileing for Judgement or something?

B.T.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...