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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.  

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      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.
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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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Steve_T Vs Barclays **WON**


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Did as you suggested Dar£n,

 

No response to email and no answer on Krysa's number - left a measage.

 

So I called the general number. I started by just saying I have a claim number which was probs a mistake as I was asked if it was litigation against or BY the bank. Oops I thought everyone was sue'ing them - easy mistake.

 

I was put through and started to quote my claim ref but after the first 3 digits the weary Barclay person said " sigh ..... is it bank charges"? - I said yes she said hang on. A Pleasant chap called Paul Quinn came on and asked if I had a court date. I said yes 2nd July. He said that they had such a backlog that they were not getting to claims until 3 weeks before the court date as they were having to prioritise. I said well I'm preparing my court bundle and I'm just following the judges directions to try to seek agreement. He said "WE WILL SETTLE, it's just that we cant deal with yours right now.

 

So I will prepare teh court bundle because it would be foolish I think to veer from the charted course.

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My parachute account is ready and waiting with Alliance and Leicester but I've had bank charge probs with that an I've hardly used it. Set it up over a year ago when we took out a mortgage. Intended to put my salary in there and move from Barclays but it took them 6 months to set it up and the moment was lost.

 

Anyway I recently got a letter saying I was £60 in unauthorised overdraft and I had to sort it pronto or else. I wrote and asked "how come". This is a dormant account. I've written not cheques and I don't get statements as I get emails telling me to bank online which I ignore like all the emails I get from "banks".

 

They wrote back and said the overdraft had been cause by charges and penalties. There's supoposed to be £500 going in there every months and if not they charge £5 which they've been doing for about a year I would say. They have refunded the charges and suggest I downgrade to an ordiary account.

 

I've written back thanking them but pointed out that I think it's disgraceful that they just let this situation continue and never once contact me until it's time to get heavy. I think I got a red mark on my credit history through this too which I've managed to get lifted.

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  • 3 weeks later...

been trying to call them all day. Your contacts list was useful Dar£n but all I got were answering machines all day.

 

However got home to find a letter. Starts with usual guff "we disagree etc"

 

They then offer £3574.77 which they state are my claim + interest + costs.

 

I disagree with their mathematics £3438.72 is the figure for claim + interest and I have incurred £300 in costs = £200 for MCOL and a further £100 for county court. Should I accept their offer at this late stage (July 2nd in court) or should I query this.

 

Next they want me to sign and agree to confidentiality etc and STOP proceedings at the same time. This means they expect me to stop proceedings BEFORE they cough up. Surely I ought not to do that.

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Certainly not

 

so you're saying I should tell them I'll only stop proceedings when I see the colour of their money

 

Why £200 for MCOL. It should have only cost £120 for that amount of claim

 

yeah I think you're right - it was so long ago!

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so you're saying I should tell them I'll only stop proceedings when I see the colour of their money

Absolutely. Based on the above with court costs of £220 , thier offer is about £85 short. If you want to accept, send them something along these lines:

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX.

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge) However I will only accept an unconditional offer and will therefore not be signing your acceptance agreement

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

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They also say

 

"Should you decide to reject the Bank's offer, we reserve teh right to disclose this letter to the Court on the subject of costs"

 

That's kinda making threats isn't it?

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I'm uncertain of complicating things at this stage with time ticking away. I have heavy committments for the next two days and will be unable to make phone calls. Then next week I have the first two days with a bit of time and then heavily committed for the rest of the week. The following Monday is court day. This was the reason I was trying to call them all day today to try and get it resolved before I get too busy. All this bleeding time and they leave it until the last minute. I wonder if I should point out that they are seeking to negotiate with very little time to do so.

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I shall attach this to an email:-

 

June 20, 2007

 

Barclays Bank plc

Litigation & Disputes

Level 29

1 Churchill Place

LONDON

E14 5HP

 

Without Prejudice

 

Dear Sir,

 

MIDDLESBROUGH COUNTY COURT Claim number 7QZ13827

Re. Account number: XXXXXXXX SD & M Thompson

 

 

Ref: Your Offer of Settlement

 

I acknowledge receipt of your letter date 19th June 2007 and your settlement offer of £3574.77.

 

I am minded to accept your offer but your figures do not match mine. May I ask how you have arrived at them? In terms of court costs I have £220 being £120 for MCOL and a further £100 for county court proceedings.

 

Furthermore I am advised to only accept an unconditional and perceive your demand that I agree to confidentiality as to the existence of this agreement as being unnecessary and unjustified. Surely If I notify the court I am discontinuing my claim they will be aware that some such agreement must have taken place?

 

I will be willing to withdraw my claim depending upon the two points raised above but will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim.

 

I first made enquiries in this matter some considerable time ago and time is now of the essence. I am traveling a great deal at present so I suggest we discuss this by email. Your letter mentions my sending final agreement by fax, mail or email. Is it therefore possible that by typing my name to an agreement via email this would be acceptable?

 

I look forward to clarification of the points I have raised.

 

Yours Sincerely

 

 

 

S D THOMPSON

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I cant see you refusing the confidentiality part being a problem

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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Just sent the following:

 

Dino,

 

The figure currently stands at:

 

charges claimed = £2,665.00

interest to June 21st 2007 = £774.30

MCOL court costs = £120

County Court Costs = £100

 

TOTAL = £3649.30

 

Clearly interest is accruing daily but if you are willing and able to settle within the next few days I will forgoe the complexity of constantly recalculating the interest and I will settle for the above figure.

 

Presumably you are OK with my assertion that I will not accept conditions and will not aggree to the unneccesary confidentiality condition in your aggreement.

 

Also I can only aggree to inform the court of cessation of proceedings once the funds are transferred to my account.

 

There is a very narrow window on this and I can only do this next Monday or Tuesday after which I am away until the actual court date.

 

If you agree to this I will send you by email attachment a PDF of your document with my signature with hard copy to follow. Upon transfer of funds I will inform the court as you requested.

 

Thank you for your assistance

 

Steve T

 

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Dino sent a PDF by email with renewed figure and removed confidentiality clause. I'll sign and get it back over weekend emphasising that we only have Monday and Tuesday for money to be Transferred and for me to stop court action after that I'm away for rest of week returning on day set for court. I suppose I could turn up on court day and tell the Usher or whoever that the case is not proceeding but I don't spose they'll be happy. I'll make sure they know that it's Barclays taking it to teh wire, I tried to settle 3 weeks ago.

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Got an email from Dino this morning. Checked my account at an ATM. £3649.30 deposited. I headed straight off to the Court and hand delivered a letter ceasing proceedings with just 7 days to spare.

 

THAT's IT - ALL OVER !!!

 

Barclays have handed me back the £3649.30 I have paid into their back door savings plan I have been contributing to for the past 6 Years!

 

Almost seems like an anti climax after all the Barclays prevarication begun way back in November 2006.

 

What now? should I ask a moderator to post this in the SUCCESS theread?

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Fantastic, Steve. Well done.

 

Slick

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