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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
      • 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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Charges from 91-97, should I go for it?


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Lol - my fault, I typed 'put' instead of 'out'. I think I have dyslexic fingers!

 

Anyhow, good news that you've got it officially started with courts and of course, it secured the extra 8% interest for you which I argue is always worth the extra effort of not accepting any poxy offers of pre-issue settlement from banks.

 

Have you MCOL'ed or gone straight to your local county court? If MCOL, remember by now you should have to sent Northampton and Barclays a copy of your Schedule of Charges as per your particulars of claim.

 

MCOL are running very slow (bogged down with nabk charge claims) however the timescales for bank to acknowledge etc remain the same as soon as you get a date of "served".

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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I have gone the MCOL route. I have sent them 2 copies of my SOC. I have not sent to Barclays yet, as I am sure I read somewhere you have to wait until you know who is dealing with it!!!!! would that be right, if not what dept in Barclays do i send it too, and what address.

 

Oh and MCOL says that it has been 'accepted' and they 14 days to reply

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I would send a copy of the SOC to Barclays Litigation Department at H/O* otherwise they are sure to come back with a Defence that includes the fact that you haven't provided a breakdown of the charges.

 

Send it attached to a courtesy letter including your MCOL Claim Number etc and send registered.

 

*

 

Barclays Legal & Compliance

LItigation & Disputes

Level 29

1 Churchill Place

LONDON E14 5HP

  • Haha 1

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Looks like yr finally getting some advice at last on a neglected thread. Unfortunately I can only offer moral support - (all my actions are settled & never even went to court - 2 more to go for friends)

 

Have been checking yr thread tho - wating for good news..

 

fight 'em like Tevez - - Good Luck !

 

C

A&L S.A.R - (Subject Access Request): 40 days up - overdue ! Now received

Co-operative Bank (business): £ 1,008 - settled in full after LBA

 

Lloydstb: £ 387 - settled in full after LBA

 

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Just to let you know I sent off the SOC to Barclays at the address you gave Welshcakes, sent it special as well. So I guess now I just sit back keep reading and wait.

 

I so wish I was with Halifax, my friend at work sent her MCOL just a few days before mine and they have settled hers, about a thousand pound short of her 8k+ claim :p

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  • 4 weeks later...

Just received my Notice of Transfer of Proceedings, which looks like it is in Chelmsford County Court. It says that A&Q to be dispensed with unless District judge at court orders otherwise. How long does it take to get a court date from here and what do I do next?

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Hi WHU

 

Only ringing the court will give you an idea of their own caseload, so that's your best bet.

 

At the moment there is nothing for you to do except trawl the site and the web for any more research pieces on pre-6yr cases. Next you will have a Notice from Chelmsford telling you one or a combination of the following whether the judge has decided to ask for an AQ to be completed, set a hearing date, requires you to serve more paperwork (which will be itemised).

 

Now, is just a waiting game for the post :)

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Cheer yourself up in the knowledge that the interest you can claim also, at 8%, is growing and growing....

 

I've yet to receive an AQ but I know that my case will probably be stayed, hence I'm accepting their offer on one account and leaving the other to run it's course. Then, in 2025 when it's all over, I'll have a nice holiday ;)

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Yes, if the Test Case outcome found that £35 for a bounced cheque was fair !!

:D PMSL :D

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Does anyone know how I can move this to the Barclays thread??

PM Saintly, she'll move it for you :)

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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  • 4 years later...

Wow four years ago......Can anyone tell me. This never went any further than being 'stayed'

Am I able to re instate this case or at least reclaim my money bcak which I paid to the court?

 

Thanks

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Hi

 

If this is for charges on a normal current account then it is a non-starter these days unless you are claiming under the hardship rules.

 

Loans and credit card charges are still up for grabs though.

 

ims

 

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As of now, current account charges are a non starter. (Unless the hardship criteria apply)

 

Loans, Credit Cards and other Revolving Credit Accounts are available for reclaim.

 

What will happen in the future is an unknown.

 

ims

 

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  • 1 year later...

My understanding is that charges relating to a mortgage (ie) late payments etc / returned DD/ can be reclaimed from Building Society/Banks etc. I am in the process of claiming these charges back from

Woolwich aka Barclays dating back to 2003. If this goes to court and Barclays claim the Limitation 6 year argument my answer will be the Limitation Act clock only starts ticking when i found out about the

charges being unlawfull (ie) Dec 2012

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Hi there,

My enquiry at #45 is now a further 18 months down the line - still no developments?

Are there ANY details of cases (which one must assume, met with a degree of success) initiated by GLC but had gagging orders attached. Is it not reasonable to surmise that the cases in question will be a matter of public record where we can at least glean some useful background?

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  • 1 month later...

Hi Brown1950,

 

How's the reclaim for mortgage penalty chgs going.

 

I doubt Barclays will take you seriously at all unless and until you issue court action to recover the penalties plus interest.

 

Start a new thread for your case in the Barclays Bank forum as cases tend to go unseen here in the Woolwich forum.

 

:-)

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Hi there,

My enquiry at #45 is now a further 18 months down the line - still no developments?

Are there ANY details of cases (which one must assume, met with a degree of success) initiated by GLC but had gagging orders attached. Is it not reasonable to surmise that the cases in question will be a matter of public record where we can at least glean some useful background?

 

I think any cases were settled before court so there's no information. I contacted Mike Dailly to ask if/when we might hope to learn more, but for now GLC are having to prioritise fighting the bedroom tax.

 

Apologies to the OP for hijacking the thread.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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