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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.

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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.
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      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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kerryanna V's Woolwich/Barclays


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Thanks Thailand, aprreciate your support and I know you are right.

 

How are you trooper?

 

I am gonna calculate every last penny and make sure they pay, to think positive is the best thing like you say, so I will.

 

It will all pan out in the end - Roll on payday!! :-)

 

Gonna do the calucualtions again tonight to make myself feel better :-) haha.

 

Not gonna even attempt to contact barclays until I have a date.

 

Cheers,

 

K :-)

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Thats the spirit - they won't like that your upbeat:D .

 

I'm great hun! Only thing is my Woolwich/Barclays transfer is a complete

and utter joke - so I'm out for some Barclays blood today!

 

Pins: Lost

Pins arrived: Incorect PIN

Buffer: Removed

Cheque book: still not arrived

Direct debits: 2 missing

 

Applied for Additions plus, got it at £6.99 month - without O/D, CANCELLED! (Barclays CS convinced I'd still get good value out of it!)

 

I know its off topic, but out of interest, how has your transition been?:D

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  • 1 month later...

Dear All,

 

Sorry its been a while. Just a quick update recieved letter from court today saying'

 

DISTRICT JUDGE GRAND has considered the statements of this case and allocation questionaires filed (didnt file any) and allocated the claim to the SMALL CLAIMS TRACK.

 

before this claim is listed for hearing, the judge has ordered that a preliminary hearing should take place because:-

 

secial directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person.

 

The prelim hearing will take place at 14.00 hrs on the 18th October 2007 @ Dartford County Court, Court House, etc.

 

Anywaone knows what this means....? And is it worth contacting Barclays to ask for settlement?

 

Cheers All,

 

K.

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I was originally given a court date of 3rd September, as I am on holiday until 27th August I phoned Barclays and asked who would be dealing with my claim. They told me and gave me a direct number to phone on. I asked could it be sorted out before I go on holiday and they said it wouldn't be a problem. I thought I would phone again at the beginning of August if I hadn't heard anything. Then this week I got a letter from the court to say they had brought the date forward to 13th July. After an initial panic, I phoned Barclays and the outcome is..... they are paying me in full!!! Within the next 5 working days hopefully

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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Hi Kerry

 

Well, at a long shot, you could ring up B's Litigation and simply say in light of the fact that you now have a court date, would they be interested in settling.

 

It is a very long shot because whilst they may say yes, they may discover whilst checking figures that your court date is a long way away and since they are snowed under settling claims for court cases coming up July/August, you may still have a long wait/runaround.

 

It certainly can't hurt and you have nothing at all to lose.

 

As far as the special DIrections is concerned, I would be tempted to send a Draft Directions to the court which may just speed it all up. See Post No 2 on the following thread:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html?highlight=Draft+Directions

 

If you read the thread it'll explain how this can speed up a settlement without having to wait for court date.

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 Mama & Welshcakes.

 

Have had a read and must say i am really confused now :-(. I havent filled in a AQ (was not required) and I just spoke to the court who says that I need to attend the Preliminary hearing in Person to get the special directions. Maybe I have missed something?

 

Also does anyone have any contact details in order for me to take a long shot with Barclays?

 

K.x

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Hi Amanda,

 

Tell me about it a total nightmare and thats just for the preliminary hearing. The lady at the court says every court does things differently and I am just wondering if this is their way of getting the banks to settle before the hearing date? What do you think?

 

K.x

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Also does anyone have any contact details in order for me to take a long shot with Barclays?

 

K.x

 

Hi Kerryanna,

 

The last letter I had was from:

 

Linda Mahoney

Customer Relations Manager

Head Office Customer Relations

1 Churchill Place

London E14 5HP

 

Freephone: 0800 282390

 

 

Hope that helps. Good Luck.

 

Simon1952

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  • 4 weeks later...

Dear All,

 

Its been a while, no success as yet although I did email Barclay direct but had no joy, also in addition the clerk I spoke to a couple of weeks ago seemed to have got my case confused with another, its all been a bit of a nightmare. In addition I have spoken to the court who advised that some cases are being stayed but you can contest it, no news on mine yet (scheduled for a pre-lim on 18/10). All I know is that I started claiming in Feb and seem no nearer to getting back what is mine!

 

Anyone know if there is any other route or whether or not cos of this Test High Court case I will just have to sit....?

 

Cheers,

 

K.x

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Hello there just been reading your thread.

 

I hate this waiting game too we are all playing!!! they are quick enough to take the money!

 

i've just receiced my AQ from High Wycombe Court and have till the 10th aug to submit it so a little way behind you. don't know yet if it's even going small claims or fast track as it's over £10,000.

 

will keep watching to see how a fellow woolwich/barclays survivor does!!!!

good luck

Druids

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Hi Guys,

 

So sorry to hear that you still dont have your money yet.

Kerryanna - we 'joined' pretty much at the same time, do you remember??!!

 

My court date is for August 23rd so only 3 weeks away - however it doesnt appear that we will get our money for a long time yet due to OFT & this damned test case.

 

I actally called the litigation team & they were going to settle in full however, they then called me back on Monday & told me that the banks are putting a hold on all cases until the outcome. He actually said..."Unfortunately for you"!!

 

With interest my claim was for £7000 & I am devastated.:(

 

I asked what would happen now & they said I should receive a letter from the court advising of a 'stay', & then a letter from them.

 

It really sucks!

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Dear Electric,

 

I remember very well. Its is very frustrating, I am going to try and get the saty lifted undre the banking codes hardship clause, as am single mommy of a disable daughter, have no choice but to work full time and even then rely on benefits to top us up, will let you know how I get on.

 

K x

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Hi kerryanne,

My case is being heard on monday the 13th I haven't heard anything from barclays and I phoned the court today and they told me the case is still on and to turn up and noone from barclays shows to ask for judgement.

dylon.

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Hello again

we had a letter from barclays this morning saying they are going to ask the court for a stay.

Kerryanna, whats this hardship clause you mention and how can i find out about it? Do you think i might be able to use it too as we are on a debt management program (trying to catch up with everything after hubby was out of work for 6 months last year!) and 4 kids

Filing my AQ still in morning tho!

 

druids x

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Hi Druids

 

An example of a Stay being refused by the judge can be found on one of vbmenu_register("postmenu_1067619", true); skintcumbrian's threads:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/109797-urgent-help-now-pls-2.html?highlight=hardship+Stay

 

 

The FSA and the Ombudsman have agreed a clause which is hardship under the banking code.

 

If you can prove financial hardship the bank MUST progress the complaint.

 

 

 

Trying to locate the Clause now, unless someone hopefully has it to hand and can post immediately :)

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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