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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 
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    • 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
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gjkendall vs Barclays *** WON ***


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Hi, I notice you refer to your court bundle as 'IT' [get IT all ready]

This might be just a figure of speach and I am just checking..

 

You do know that you prepare THREE bundles dont you?

 

Is it not three copies of "it":) ? Basically my bundle in triplicate!

 

One for me, one for the court and another for Barclays!

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I don't think I made myself very clear in my last question My letter from Northampton CC said "The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court orders otherwise" This was 13th. April. I presume I will get a hearing date from Carmarthen CC in due course.

 

Is it wise to get my court bundle prepared? Do I have to photocopy all six years of relevant bank statements? One for the court and one for the bank.

 

Thanks everybody for your help

everybodiesmum

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Your deadline for the bundles is between 14 and 28 days before the hearing, this depends on the court. [mine was 14]

 

Only photocopy the statements that show the charges you are claiming for.

 

ok?

.

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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Is it wise to get my court bundle prepared?

I'd hold off for the time being, untill the court issues directions. It won't hurt to have a look and familiarise yourself with what you need though. Have a read of this thread -

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Bit of a delay, but I am just getting my bundle together to send them out Tuesday....

 

Here is what I have from my correspondence...have I missed anything?

 

1) Original Barclays acknowledgement (dated 12th Jan)

2) Original Barclays minimum offer (26th Jan)

3) Original Barclays acceptance of my refusal and second chance (dated 6th Feb)

4) Notice if issue (12th Feb)

5) Draft Order for directions

6) Allocation Questionaire (27th Feb)

7) Bundle that court sent back to me including...

a) notice of transfer of proceedings

b) defendants defence

c) schedule of charges (9th Feb)

d) copies of highlighted statements

8) General form of judgement or order

 

This will then be added to the Basic court bundle that is on this site...copied three times and sent off Tuesday...is this right?

 

I am so worried about cocking this up its unreal!

 

EDIT: I believe I have it all together...127 pages in total...just need to get it copied and put into folders and off it will go on Tuesday!

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When (or if) Barclays pay up, can I just give them details of another account (not Barclays) to pay the money into? I know I can ask for a cheque, but it would be easier if they just paid the monies into another account!

 

As it stands i'll just ask for a cheque!

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you're getting there

 

remember, no-one has ever seen a B bundle, they'll settle a week or so before your court date if you call them

 

Bundles have gone!:eek:

 

Blimey....tense stuff...i'll give them a call on the 23rd May (week before the court case)

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  • 2 weeks later...

Just need a tiny bit more re-assurance...

 

Court bundles went off on the 1st May...court case is on the 30th May!

 

I have not heard anything from either Barclays or the Court (confirmation that they actually recieved my bundles)...is this normal?

 

Is this all I have to do, I have a horrible feeling I have forgotton to do something!

 

I'll probably phone Barclays this time next week and see if they want to settle!

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Its normal. They leave it till about a week before the court date most of the time before they offer to settle.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Geting even more anxious now (what with the TSB verdict going in the banks favour)...its two weeks till my court case...bricking it!

 

What time do litigations dept close for the day...I may well give Paul Quinn a call tomorrow to see if they want to settle!

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A further point, and please don't laugh...I did not realise you get questioned by the judge when it comes to the court appearance! I thought it was all there in black and white in the court bundle what the situation was!!!

 

What do they normally ask you?

 

 

Also, Is my court bundle the only thing I need to take to the court with me..or do I need more paperwork?

 

I AM REALLY WORRIED ABOUT THIS NOW!

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Hiya,

 

I can understand you getting nervous, most upright decent citizens have never been before a judge.

 

You can calm your nerves by doing some more reading, make sure you are totally up to speed with the arguments which you can find on this site.

 

Second, don't contact the bank until one week before court, they've got enough on their plate and probably won't want to talk to you. Any way I'd be surprised if you don't get a letter/phone call in the next few days.

 

Third, if ( and it's a very big if (IF)see, told you ;-)) you get to court they don't expect you to be a legal expert. Just be polite answer the questions honestly and you'll be cool.

 

We're with you all the way.

 

BAT

Vs Barclays round 1 - Won

Vs Barclays round 2 - In progress

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Hiya,

 

I can understand you getting nervous, most upright decent citizens have never been before a judge.

 

You can calm your nerves by doing some more reading, make sure you are totally up to speed with the arguments which you can find on this site.

 

Second, don't contact the bank until one week before court, they've got enough on their plate and probably won't want to talk to you. Any way I'd be surprised if you don't get a letter/phone call in the next few days.

 

Third, if ( and it's a very big if (IF)see, told you ;-)) you get to court they don't expect you to be a legal expert. Just be polite answer the questions honestly and you'll be cool.

 

We're with you all the way.

 

BAT

 

Cheers mate...oh congrats on your first case win...good luck in your second!

 

So I don't need to take anything extra with me to the court?

 

What questions will they ask?

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Scary news about Lloyds TSB yesterday. Hope I'm not about to lose a lot of money. I've already paid out £220 for my daughter (Barclays) and £120.00 (HSBC) for my daughter-in-law 'cos they've got no money. Still waiting for my court date. Firstly transfered to Carmarthen C.C. Now another letter saying the case is being transfered to Cardiff CC. but no date. Anybody know why they would transfer it again? Arde they going to do a "job Lot"?

Good luck to everybody - can I quote a favourite saying of mine?

"Its difficult to remember the object of the exercise is draining the swamp, when you're up to your arse in alligators"

Everybodies Mum

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Has anyone got an decent "script" that can be adapted to my own case? I am somewhat concerned about having to face a Judge and speak all legal when I have no clue what I'm doing!!!!

 

I know for a fact I am going to bumble about with the fact of relevant cases!

 

Christ I need a drink!:(

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try not to worry too much about the court thing (easier said than done i know) as far as i am aware it's not the same as a normal court , you know juries etc , just you the judge and their representative , if they turn up.

the guy who lost his case is a one off , there must have been something wrong with the way he presented his case because the same judge has settled other claims in favour of the claimant.

also if people use the new draft order for directions the banks must produce a court bundle by a certain date , if they don't the judge may award a judgement as in my case.

good luck.

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Thanks dickeggsy, that made me feel a bit better!

 

I phoned Litigation today to see if they had recieved my court bundle and to see if they were willing to settle.

 

Typically, I could not get through to either Paul Quinn (who has been assigned my case) nor Krystal...boths phones went straight to answerphone...so the Barclays switchboard put me through to someone else...they took my details and said they would get back to me....DID THEY?...DID THEY HECK!

 

Not sure what to do...I'll try and phone them tomorrow I guess!

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