Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

What do i do next ?? Woolwich haven't filed defence**WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6186 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 58
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Ok

 

Can you post here what your original particulars of claim were. Then we can see where you have gone off the path

 

You will need to send an amended particulars of claim, as amanda has linked to.

You also need to submit your schedule of charges, ie list of dates and charges.

 

The £100 allocation will be automatically added to the claim.

 

Once you have posted you original POC we can get you back on the path to a scucessful calim.

If you dont get this sorted it could result in the claim being struck out, so we dont want that do we?

 

Paul

Link to post
Share on other sites

Hi

answers to this are on the thread u posted in the barclays forum.

http://www.consumeractiongroup.co.uk/forum/barclays-bank/85118-help-needed.html

 

Claire

:pI'VE CLAIMED MY BARCLAYS CHARGES BACK.:p

£5125.60

Im no expert everything i write is what i learnt from my own experience and reading through other threads. Click my scales if you wish to!:)

Link to post
Share on other sites

  • 2 weeks later...

Can some one help me Please. I’m putting together my letter to send to my local judge after he requested I submit my claim in "plain English" I have until the 8th but still don’t know what to put I have not claimed interest and have received no offer from them and after looking through the templates available can not find one that applies to me can anyone help. I’m really stressing and need to get this right my local judge does not seem that sympatric to our cause I'm worried it will get thrown out on a technicality.:confused:

 

Link to post
Share on other sites

Please help

Was sure i had done everything write put in claim with mcol (this is where i went wrong i think) Then when i received there defence last week got a bit worried by the wording

There Defence:

""1. The particulars of claim do not provide details of the account in question or the precise charges alleged to have been unlawful, or the date thereof. Furthermore they give no recognisable cause of action, nor is there sufficient material to enable barclays to serve more than a bare denial of liability as a defence. The statement of case would appear to be an abuse of process and or will obstruct the jst disposal of the proceedings and it does not appear to comply with cpr r16.2."

 

There are 6 other point they have added but i think they are the norm. Then today from my local court i got.

 

" General Form Of Judgment or Order" Which says" It is ordered that

1. The claim be stayed as it makes no serious attempt to comply with CPR16.4(1) by setting out a concise statement of the facts.(Stylised particulars do not constitute compliance. The claimant must amend or substitute its particulars of the claim settind out the claimants case in plain english by 8thMay 2007 and in default the claim be struck out without further notice.

if the above order is complied with the defendant has permission to file and serve an amended defence in accordance with CPR16.5 setting out it claim in plain English.

2. claimant shall pay allocation fee of £100.00 by 4pm on 1st May2007.

Link to post
Share on other sites

What do i do after receiving this from my local court

 

 

" General Form Of Judgment or Order" Which says" It is ordered that

1. The claim be stayed as it makes no serious attempt to comply with CPR16.4(1) by setting out a concise statement of the facts.(Stylised particulars do not constitute compliance. The claimant must amend or substitute its particulars of the claim settind out the claimants case in plain english by 8thMay 2007 and in default the claim be struck out without further notice.

if the above order is complied with the defendant has permission to file and serve an amended defence in accordance with CPR16.5 setting out it claim in plain English.

2. claimant shall pay allocation fee of £100.00 by 4pm on 1st May2007.

 

I have paied the £100.00

Link to post
Share on other sites

Hi sorry

On the threads I’ve read they say about offers they have received and interest.

I didn’t claim interest and have received nothing from Barclays since my lba then there defence.

Should i just omit these paragraphs and copy the rest.

I’m actually shaking now as I’m so confused and am really worried mine will get thrown out on a technicality I’m not thick really!!"

 

 

This is what I received from my court:

 

General Form Of Judgment or Order" Which says" It is ordered that

1. The claim be stayed as it makes no serious attempt to comply with CPR16.4(1) by setting out a concise statement of the facts.(Stylised particulars do not constitute compliance. The claimant must amend or substitute its particulars of the claim settind out the claimants case in plain english by 8th May 2007 and in default the claim be struck out without further notice.

if the above order is complied with the defendant has permission to file and serve an amended defence in accordance with CPR16.5 setting out it claim in plain English.

2. claimant shall pay allocation fee of £100.00 by 4pm on 1st May2007.

 

Any help greatly appreciated

 

My problem is the more threads i read the more confused I get!!

Link to post
Share on other sites

Should i just omit these paragraphs and copy the rest
.

 

Yes, the POC's below are just an example, you can amend them to suit your situation. So edit the reference to interest in the 3rd paragraph and delete the interest paragraph in the last section. Include a schedule of charges.

 

 

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/70304-jordash-barclays-bank-defence.html#post661829

Link to post
Share on other sites

  • 2 weeks later...

I phoned Krysta at barclays and she phoned me back later that day and settled my claim in full. I won just over £3000 including court costs.

I didnt even have my court date through yet.

 

:):):):):)

Link to post
Share on other sites

I had just had to resubmit my new POC after the judge told me it needed to be in plain english and hadnt even heard back from the court but thought I'd phone Krysta and give it a go she was very nice and very helpfull.

 

Krysta Campbell

Barclays

Litigation and Disputes

1 Churchill Place

LONDON

E14 5HP

Tel: 02071164753

Fax: 01452638359

 

:):)

Link to post
Share on other sites

I phoned Krysta at barclays and she phoned me back later that day and settled my claim in full. I won just over £3000 including court costs.

I didnt even have my court date through yet.

 

:):):):):)

 

 

 

 

FANTABULOUS!!!!!!!!

Well done.

Link to post
Share on other sites

Wish my son had spoken to her - we had a Stay fm the Glos court to try and settle with BB - a Paul told him they were snowed under so couldn't do anything at that moment and recommended objecting to the Stay - this was about 10 days ago, which we did so we still wait and see. I can't help feeling that there are so many anomalies about how BB and others probably decide on payouts that there must be a case for lack of consistancy with their decisions too! His is only for £740 (incl % and costs) but great you won!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...