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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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. 
       

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Bennage V Barclays - * Won *

Bennage
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Bennage

Bennage

Posted
Posted

So, I just got a letter from Barclays saying they're willing to settle the full amount, (without admitting they're wrong etc etc etc.). - Harrah!

 

The amount is on the condition that I keep it confidential.

-Can I reject this?

 

The amount is also without the £100 fee I paid when I submitted the Allocation Questionnaire.

-How can I get this?

 

Big thanks!

 

B

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Bennage

Bennage

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Posted

The letter had a space for me to sign at the bottom and send back. Should I get another letter together stating that it ISN'T full and final settlement with acceptance except for the £100?

 

I also need to claim for about £200 that they've taken in the months since starting the claim. Wouldn't the cnfidentiality of this claim hurt that one?

 

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LadyMaria

LadyMaria

Posted
Posted

I don't think the confidentiality would effect the next claim as it different claim.

How close to going to court are you?

I would phone them and ask they send you a second letter with the £100 added on and then accept

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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Bennage

Bennage

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Posted

I've calculated the costs and it seems that the amount isn't even correct without the £100.

 

The schedule of charges currently reads a total of £1,425.05.

 

On top of that, I also paid the £150 original court fee (?)

Plus the £10 data protection act S.A.R - (Subject Access Request)

Plus this £100 paid with the allocation questionnaire,

 

Comes to a total of £1,685.05

 

They have offered me £1,548.27

 

Who's right here?

 

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LadyMaria

LadyMaria

Posted
Posted

It looks like you are right. Try ringing them to explain and back it with a letter or email, showing the correct costs. I make that an under offer of £136.78, consider if you owed them money, would they accept a shortfall of that amount? Ofcourse not and neither should you.

good luck

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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Bennage

Bennage

Posted
  • Author
Posted

Ok.

 

Just spoke to Krysta Campbell @ Barclays (I've PM'd BankFodder to add her details to the sticky).

 

After some negotiation, she has agreed to make the total £1,655.05 (the original cuort fee was £120 apparently). She tried to argue that the £100 pad with the AQ was "un-claimable", as it was only valid if the original claim was over £1500 - which it wasn't. I insisted that I paid it, and had a receipt to prove it and would not settle the claim without it included.

 

I also said I wasn't happy with the confidentiality agreement part and she very quickly said I could cross it out.

 

In conclusion - I WIN!!!

Thank you all SOOOO much for all your help!

 

I love you all!!!

 

Donation will be on it's way, as soon as the settlement is creditted to my account!

 

Woo!!!

 

Thx

 

b

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LadyMaria

LadyMaria

Posted
Posted

Fantastic, well done!!!!!!!!!!!!!!!!!!

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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ricmic

ricmic

Posted
Posted

At what stage of the process did you get your offer from Barclays , did you call them ???

I have had my court hearing date set , and I am planning on calling them soon to see if they wish to settle out of court.

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LadyMaria

LadyMaria

Posted
Posted

I rang Anthony Lombardi today and as I have my date. Welshman in his thread recommends phoning when you have a date, he states it is important to stay polite. I did this, Anthony said he was managing my 4 cases and that he would be intouch with me in March to discuss out of court settlement. Currently he is dealing with cases due in mid March, he allso stated that that they would pay by cheque when I asked if they would pay my money into another account (not Barclays), he was very friendly and knew my name and case without putting me on hold to look it up. I used the phone number in Welshmans thread. Ricmic, I advise you read Welshmans thread, it is really helpful in deciding when to phone, the short of it is that if you have a date, then ring, it can't hurt.

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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LadyMaria

LadyMaria

Posted
Posted
Well, the very nerve of it all, I stand corrected:D

Luddolube, yours is another thread that has been extremely helpful and interesting, thanks for posting your journey, I could not have gotten this far without all the tips and help

Captital One :) :Settled in full at LBA £676.00

Barclays 1 :rolleyes:

05/01/06.

Court date set 13th April

Barclays 2 :rolleyes:

Court date set 13th April

Barclay Card::p

Court date set 13th April

Monument: :p

Court date set 13th April

All my cases are being heard at the same time for 2.5 hours

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Bennage

Bennage

Posted
  • Author
Posted

I worked out that Barclays must have sent the settlement offer to me the same day that my court bundle arrived with them - about 14 days before the hearing date.

I called them after receiving the letter, not before.

The person I spoke to did seem to know my case reasonably well, and was reasonably helpfull.

She asked me if I wasn't going to accept settlement if they left off the extra £136.78, and seemed very surprised at this idea.

 

She was also arguing down the very last minute on the subject of the £100 fee paid with the Allocation Questionnaire, insisting it was "un-reclaimable".

 

Don't give in!

 

b

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