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    • It's a GR Yaris - Finance is with Alphera, who are part of BMW I believe. I'm sure the unit is very expensive to repair, I have even told them I would be happy with a refurbished/reconditioned unit, in trying to be reasonable as well.
    • Without seeing this envelope, document and sticker it is impossible to advise properly. However, just going on what you have told us, there are two ways you can deal with this: !. The easy way. This has the lowest risk but the guarantee of a penalty for speeding.  You can respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box you can explain that you responded to the request for driver’s details but it was recently returned to you, seemingly not actioned. However, you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. You could also ask the court to consider sentencing you at the fixed penalty level (£100 and 3 points) as this prosecution seems to be the result of an administrative problem outside your control. 2. The not so easy way with higher risk. This could see you convicted of the FtP charge but has the possibility that you escape with no penalty whatsoever. You can do the same – plead not guilty to both charges. You can mention in the “Reasons” box that you returned the request for driver’s details as required. If you go down this route the speeding charge cannot succeed as they have no evidence you were driving. This comes from your response to the request for driver’s details which the police say they have not got. You will then face a trial for the FtP charge and you can produced your response together with the envelope and sticker showing it had been returned to you. The risk with this is that if your defence fails you will be fined a week and a half’s net income, pay a “Victim Surcharge” of 40% of the fine, pay prosecution costs of around £650 and have six points together with an endorsement code (MS90) which will see your insurance premiums rocket.  
    • Probably very expensive to replace what car and model who is your finance with ?   Andy
    • Topic moved to Financial legal Issues forum in view of the claim form. Topic title updated Please continue to post here, Andy   .
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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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Indie v Barclays **WON**


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Ok so sent of my request for details of my account - got that back real quick.

 

Then sent the standard letter asking for the charges back - totalling approx £750.

 

In my letter they were due to respond by 13th October ... got a letter before then saying they couldn't respond until 26th October. Was definately going to send them a letter before action on the 13th but ended up flying to California and forgot ... DOH!

 

But surprise, surprise get a letter on my return dated 26th October saying that I didn't have a claim but that they would offer me £350 to finalise matters ....

 

So I take it I should write back saying no way baby - I want it all???? But should this be a letter before action or just a 'give it to me or within 7 days I will send a letter before action?

 

I also want them to stop taking the £12 or so monthly for the Additions Account I have - that I don't want!

 

Also once paid out - do they continue to make these charges on your account? Does anyone have any experience of that?

 

Thanks

Indi

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You can send this letter rejecting their offer, and then send the LBA according to your original timetable

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Re the additions account, presumably you could contact them and request that they cancel it. Do you recall ever signing up to it? If not, and they are unable to prove that you did sign up to it, you may be able to claim back all the monthly charges.

 

Yes, they do have a habit of continuing to charge penalties, even after they have settled your claim. But I would have thought if you were to call them each time it happens, they would probably pay it back

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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  • 1 month later...

The Update!

 

Had an offer of £350 against the claimed amount of £715 ... I responded no way and also that the claim had just increased by £60 due to another 2 x £30 paid referrals being charged - one for me being £2 overdrawn....

 

Told them I wanted a minimum of £700 and that they should respond within 14 days. They didn't so today I filed my claim on line... EEEK!!

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Keep going you'll have all your money back soon, but be prepared to go through the court route. They settled with me 21 days before court date it is very satisfying. I got charged the other day for being £4.21 overdrawn and they won't give it back so i will have to go through the whole performance again.

Good Luck

charlie

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  • 2 months later...

So have got a court date of 4th May - which is date I said to avoid! So bloody hope Barclays does settle as supposed to be going to Cornwall that day!

 

But no request for a court bundle or anything - is that likely to come later please????

 

Thanks

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What does your letter say that advised you of the court date. Mine told me that I had to get to the court and other party, by a stated date, documents that I was going to rely on.

 

Got the paperwork ready for the court by date specified. Got letter this morning from Barclays offering full and final settlement :D.

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  • 2 months later...

Many thanks to this site for getting me off on the right track ... its taken some months but very little effort considering!

 

My Court date with Barclays was due to be 4th May - I changed that to 11th May and within 2 days had an offer for full and final settlement from Barclays in the sum of £855.

 

The Court did not even ask me for a court bundle - I guess they are getting used to these cases disappearing off the List at the last minute!!

 

YIPEEEEE!!!!:)

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Congratulations!!!!

 

:D

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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