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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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dylon vs the woolwich


dylon
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Hy Dylon

 

 

If you mean Summary of Charges then yes, I'd put them in. I have just done a bundle for Abbey and have included them all again... for the sake of a couple more copies it's not worth the risk of not including them. Good luck.

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Hi all,has anyone been able to send a email to anyone a barclays because I have tried four times today and it keeps coming back as user unknown I sent off my court bundle's today hoping that they will settle,any help with the email thing will be great.

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What email address are you sending to Dylon?

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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Hi dylon, Barclay email address are normally first [email protected]

 

eg [email protected]

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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Yes :) The dot is crucial :)

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'm afraid the official statement is that the UK banks will be requesting of all courts that all current claims are Stayed pending Test Case Outcome.

 

I also think it is very, very likely that the courts will agree (hopefully some will get a Maverick judge who carries on regardless!) Problem being, such judgements could likely be successfully appealed and reversed into status of Stay in line with rest of UK.

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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1) None and 2) hopefully justice

 

are most honest answers I can give.

 

Wish I had a Crystal Ball pugg

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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Thanks again welshcakes for the reply not the answer I wanted to hear with my court date being so close and hopefully a settlement,I got a pm from cag saying that "Yesterday just saw the lodging of papers by OFT so no progess just manatory papers in order for the case to proceed"the Nationwide will be honouring all agreed settlements,lets hope barclays will do the same.

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Hi all just a update I sent off my court bundle on friday to barclays HO and emailed katherine ashton on monday about a settlement surprise surprise no answer so I have emailed robert saunders tonight to see if I get a reply you just never know it's worth a try if I hear anything I will post it on this thread.

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Another update,Iphoned the court today and I was told the hearing is still going ahead [13th of August] no reply from Mr Saunders to my email yet me thinks they are playing a waiting game to see if I bottle out, well they are in for a surprise I will go all the way with this in for a penny and all that stuff.I wonder if they know the court case is going ahead,does any think it'as worth a email to let them know that the hearing is still on?

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No Dylon, I think it's worth keeping stumm and hoping that they don't turn up in which case you win by Default :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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Cheers welshcakes,do you think that they think all claims are on hold pending the outcome of the OFT case,I will do as you say mums the word lets hope they don't turn up then,I need a holiday badly and the money that I have coming back to me will fund that nicely.

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I think there's been many incidences of Barclays not sending a rep to the court because they 1) have thought the case settled 2) have been so disorganised as to lose track of claims and court dates and now 3) If there are mass Stays for other bank charge cases on the day at your court, they make consider all Stayed and not be there for the few that still go ahead.

 

In any of these events, take along a breakdown of your costs in prusuance of the claim as many judges are also awarding these when the Defendant is a no show on the day. Unless the judge asks, yo need to request costs as it's no mandatory but it is a great opportunity to accentuate all the time and effort you've been forced to spend by a Defendant that had no intention of turning up on the day! :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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Thanks welshcakes,what do you mean by a breakdown of my costs?by the way I phoned the court again to find out if barclays have requested a stay and as of yet they haven't do you know if there is a time limit on this or can they leave it until the last moment?

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Hi Dylon

 

Basically your costs & expenses, basically seeking costs against Barclays. I can PM you an example (Word document) if you need it.

 

Whilst they can turn up and request it at the hearing, any good judge would be miffed at this as courtroom courtesy expects parties to provide a 2 day grace before the day.

 

Really up to the judge - he might be the sort who orders an adjournment and gives the Defendant more time (won't be the first time that's happened).

 

So it's a case of go to the hearing positive and politely. Just because you're litigant in person, doesn't mean you should feel in anyway less equiped than some office junior from B's solicitors. Be firm and clear about you want :)

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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Thanks welshcakes for the quick reply,if you could PM me the example it would help a great deal,asa regards the hearing I state that I would like all the monies back that barclays have taken from me in the way of penalty charges and how the charge does not reflect the true cost of returning a DD or cheque etc.and could the defendent show some proof of this to me and the court!Good or what do you think?

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