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    • 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
      • 160 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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Maisielou v Barclays - SETTLED!!


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Thank you thats easier than i thought lol...just one last question ....witness ....i put myself but what do i put under ...witness to the facts

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

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Unless you know of other witnesses, simply include your own details.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I have spent days looking through other threads but are still none the wiser:confused:

 

H on form N150

 

in the space below, set out any other information you consider will help the judge to manage the claim

I have already sent the defendant my spreadsheet so what can i put here???

not sure what they want.......please dont send me to the library again......

im sure the answer is staring me in the face, im at an important stage of my claim and want to get it right...either that or just dont bother to send it in:(

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

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See the post from maforduk

It is to say if you need wheelchair access or you are bringing shedloads of paperwork - don't speak english so need a translator - that kind of thing. You can leave it blak.

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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Thanks very much........thought i had to find all kinds of paperwork lol........that sounds easier:D

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

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  • 4 weeks later...

Received this letter from the court last week

 

before District judge xxxxxxxxxx sitting at Basildon county Court

 

upon directions from the district judge

IT IS ORDERED THAT

this matter be transferred to Southend County Court

 

anyone else had there claim sent to another court?????

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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No, I don't think so.

 

I think you should phone the court and get clarification as to the reason. Claims made by an individual against a company should not be transfered - I think this is an error.

 

I presume that Southend is not local to you?

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Southend is about 18 miles........ i will give the court a ring on monday

thank you

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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Have just phoned the Court to find out why my claim has been moved to another court

they are getting a specialist judge ???:confused: to deal with all bank charges claims and she also told me that it is to be heard on 8th september at 2pm:o

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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Well, this is obviously new :-)

 

I don't understand why that Judge can't just come to your local court, but I will try to find out.

 

I still think it's nothing to be concerned about and the chances of a bank wanting to appear in court are slim, as you'll already know - so this whole issue might never actually mean you travelling anywhere...

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Well if they have reserved a whole day for the judge to hear bank charges cases someone had better warn him to take a good book to read as he won't have much else to do that day.

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Or..........

 

Take a laptop and get them all on our site!

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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lets hope the courts do something about the banks wasting there time...............

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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now im begining to panic :eek: my court date is 8th sep it has already been moved to another court and yeaterday i received a letter from the court confirming the date and on the bottom of the letter it says

 

please note this case may be released to another judge.possibly at a different court

 

plus i havent been asked to send anything to the court to help with my claim????

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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And my question is.... what are you panicking about, exactly?

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I would have thought with just over 3 weeks till court date i would have been asked to send in any documents relating to the case...............or perhaps they know it wont get that far:confused:

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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In fairness, the cases are not very complicated. Are the charges unlawful YES/NO seems to be the crux.

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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sounds good to me:lol:

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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I decided to ring the court as my date is 8th September and i still havent been asked to send anything to them..............and was told just to bring all my "evidence" on the day

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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As you can see from my previous post i dont need to send anything to the court just take it with me on the 8th Sep.......just checking i have everything under control i have

 

A copy of all correspondence with the bank.

A breakdown of charges + interest.

Unfair Contract Terms Act 1977,

the unfair terms in consumer contracts regulations 1999

A copy of the OFT Report on Default Charges

 

does that seem about right?

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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Anyone????

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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Its usual practice for the Court to request all documents/evidence to intend to rely upon to be sent to the Court & the defendant, 14 days before the hearing.

 

All your docs seem fine, but dont forget to send copies (reg post) to Barclays

 

If you are still worried just double check with the Court (get the name of the person etc) to back you up.

 

But its my opinion that Barclays will be pay you up before that date

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

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Thanks

i did phone the court again and he said dont send anything just bring it with yu on the day (if it gets that far)

Barclays claiming £5269.63

LBA sent 17/05/2006

money claim filed 31/05/2006

court date 8th September 2pm

offered full refund 1st Sep

:D money credited to account :D

2nd September

 

:) Help this site to keep going please donate by clicking the button:)

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Hi ya, just letting you know that I've been rading alot of threads on this site as I was planning on caving in and accepting the 'goodwill gesture' and not fight em. But you have so much info on your thread itself, that it's helping me to take it further.

 

Just want to thanks and fingers crossed that they will pay out before Sept 8th. All the other threads of people claiming seemed to have been paid before going to court.

 

I'll just keep checking to see how you've been getting on.

 

Thanks

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