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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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 
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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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djdave vs Barclays

djdave

By djdave
in Barclays Bank

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djdave

djdave

Posted
Posted

My story so far:

 

9 Feb: Sent request for statements

13 Feb: Barclays returned my £10 cheque

20 Feb: Statements arrived

22 Feb: Sent first letter claiming £2747, slapped myself for running up so many charges!

8 March: Got standard "we're dealing with your complaint" reply

9 March: Sent LBA

21 March: Watched Whistleblower in disbelief!

22 March: Tried negotiating over the phone, hit brick wall

29 March: Offered £1625 (60%) as full and final settlement.

 

Damn it was tempting, but the fight goes on!

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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CAZKATJOE

CAZKATJOE

Posted
Posted

have you started your court case yet as you should have done so on the 23rd March

 

Remember to keep to your deadlines. Good offer from them though !!!!!! one of the highest i have seen at this stage, it must of been hard to say no so well done you

 

Good luck

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djdave

djdave

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I'm going to start the court process on Wednesday when I've got enough money. It was really difficult not to cave in and accept, because I was only expecting maybe a 30% offer at most. But I've come this far...

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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animaleyes76

animaleyes76

Posted
Posted

Definitely keep going.

 

£1625 is a nice amount of money and i guess it depends how desperate you are for it.

 

Just think how much sweeter that £2747 will feel when you get it knowing you got it all back AND you beat the bank

 

;)

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  • 2 weeks later...
djdave

djdave

Posted
  • Author
Posted

A quick update: I enjoyed a nice Easter with my other half's family, and today took my N1 claim form to the court - pausing briefly in the car park to phone Barclays and give them one last chance to settle.

 

They "don't do that", so rather nervously I handed in the documents to the court. The lady who dealt with me couldn't have been nicer, so to anybody who might be finding the prospect of Court a tad daunting: don't worry!

 

Now I've just got to sit back and wait for them to enter a defence, then to not turn up on the day!

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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  • 4 weeks later...
djdave

djdave

Posted
  • Author
Posted

Update time!

 

Yesterday was Barclays' deadline for entering a defence. I rang the Court at lunchtime and the nice lady confirmed that nothing had turned up.

 

So I shot down there and gave them my Request For Judgement. Oh yes, I would like the defendant to be ordered to pay immediately, please :D

 

I think we may have a result here! :D:D:D

 

 

Edit: I've just noticed on some other threads that they're entering their defence late but some courts are allowing it.

 

Oh. Fingers crossed, then....

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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CAZKATJOE

CAZKATJOE

Posted
Posted

Yes they are allowing them to enter a defence late, so don't get too excited.

Up to 10 days late sometimes, so hope you are one of the lucky ones.

I will keep my fingers crossed for you.:)

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djdave

djdave

Posted
  • Author
Posted

You'll have to keep your fingers crossed for a few more weeks :(

 

Barclays acknowledged on 30th April but the court forgot to tell me. Oh well, let's wait for their defence.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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  • 3 weeks later...
djdave

djdave

Posted
  • Author
Posted

It gets better and better.

 

As posted above, the court told me that Barclays hadn't acknowledged the claim so I asked for judgement to be entered in default.

 

A few days later I received two letters from the court. One stated that judgement had been made - I'd won! But the other stated that Barclays had in fact got their defence in. Curious...

 

So I rang the court who said that there'd been an oversight, and that Barclays had got their defence lodged in plenty of time. Hey ho.

 

But then...

 

I received a letter from Barclays legal and compliance stating that they were surprised I'd managed to obtain judgement, but nevertheless they were prepared to settle - in full with interest - if I'd agree to have the default removed.

 

That was a no brainer, so I returned the form by email and had the money in my account the very next day!!

 

I'm a happy bunny indeed. Being on incapacity benefit means that money is, to quote the ginger crooner, too tight to mention. This payout from Barclays couldn't have come at a better time, so a huge thank you to everyone who's given advice. :D:D:D

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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