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

Martin3030 v Barclays business LIMITATION WON-now for the fun.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5282 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

  • 2 months later...
  • Replies 119
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

hiya martin

 

so the update is you have any further news or just won it? im subby as i would like to tackle halifax for further back than 6 years and am trying to understand the limitation info

 

i loved the bit in post 49 that you ensured your info landed on the last possible date,i must remember that very good

 

ciao for now have a fun weekend maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Update;I supplied both Barclays and Court with my skeleton arguement,within 14 days of getting the order.

Order was for 14 day exchange.

Court hearing listed for 7.Jan 2009.

After I contacted Court to inform them that Barclays had not filed with me,Court then issued another hearing for 4th.December.

Barclays then wrote to Court objecting saying the 7th Jan should stand,and that I was mistaken in my belief that the 14 day exchange was due now-but only 14 days BEFORE hearing.

I wrote to say the 4th.Dec hearing should stand,and that Barclays were just trying to stall as they had all along.

Court has left the 4th.Dec hearing in place-and ALSO the Jan one.

 

My concerns are that the Judge agreed to hear limitation in the absence of a determination from the test case being handed down.

However since the last appearance the Test Case Judge has determined that the common law elements do not stand...and this is within POCS for business claims.

I am expecting Barclays to apply to strike out any limitation hearing now, based on their assumptions that there will be no case to answer to,given the decisions of the OFT test case.

Edited by MARTIN3030
oops wasnt 9th it was 7th !

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • 4 weeks later...
  • 2 weeks later...

Kashfat-have a read through the business bank forums !!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Ok time almost here folks.

Lets roll....11.15 Wedneday 7th.

Do or die :)

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Hi Martin,

 

If it IS tomorrow, I hope you've borrowed Pt's Donkey Filleting Knife for the occassion. ;)

 

Good luck with this. :)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Nope I got right day ok its Wednesday 7th.

Its a tough call but I am not going there to lose.....Today is Russian Christmas day (hence the Atvar still there )...I will be celebrating either way-of course after getting back from Liverpool at around 3pm;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

BINGO biggrin.gif

 

Yes big style intimidation-but it didnt pay off for them.(This morning with 2 hours before Court I was hit with a £1200 costs schedule in advance of the hearing by special delivery before 9.00am-they obviously thought I would be scared-thing is I had no option but to go because If I hadnt then I would definitly have ended up with their costs)

 

I had no time to do any costs schedule in response to their shocker-my train was due 20 minutes after I saw the letter-and only just got to station in time and left car there.

 

Arrived in Liverpool at 11.00 am-Janet m picked me up from station and we dashed the half mile to the Court.Its a big place-12 chambers !!

 

Was promptly called in after going through my script.Same Barrister as had appeared on 2 previous occasions.

Judge started by asking what this was all about.

Barclays-gave the bumf about there being no case to allow the thing to proceed.

Next I was asked what grounds I was looking to rely on.

There then followed a few minutes of arguement over mistake of fact-and mistake of law.

Barrister reckoned I had not proven that I was mistaken....Mistaken on what ? he kep saying.

Judge butted in....well clearly he is maintaining that he was mistaken by paying the charges is that right Mr *** ?

Yes Sir......

Barr then started saying that section 321c should not apply....

Judge then asked me on what sections I was relying.I said "Can I referre you to the attatchments within my skeleton-specifically page 4.Here you will see the summary of the case between Kleinwort Benson and Lincoln City Council ....

Judge read this for a few moments-turned to Barrister and said-well it looks clear enough to me-would you agree ?

Barrister then starts making comparisons with a person buying 1000 gallons of oil in 1999 and deciding in 2009 that he did not agree with the terms and conditions...

Judge asked me to respond-I said that I was maintaining that the limitation should only begin from when it was made clear to me.

I said I saw the Whistleblower in March 2007...and then became aware and asked the defendant for a refund.

Next up the barrister said-but Barclays charges have been ruled out as being penalties by Justice Smith in the OFT v Banks case.

Judge asked if Barrister had any material facts on this ?

Barrister fumbled and said that it was a very long winded document...."Let me see it Let me see it " I will decide if its long winded or not.

Judge then spent 5 mins reading it.

He then asked me to comment again.

I said "Sir,with due respect,the investigation and determination by Justice Smith is concerned with Current accounts The terms and conditions for my account are very different to those Justice Smith observed.Additionally my terms and conditions are historical ones-again Justice Smith only looked at recent ones.I said-in fact the defendants have recently changed their terms and conditions to try to cloak further the matter from the earlier ones.

 

 

Judge then said ok-I now have to decide on either allowing this case to continue or else upholding the defendants request to strike out the case.

He pondered for a couple of minutes.....I had made all the points I wanted and felt as though I could do no more.

 

Judge then said..

 

Having considered both sides,I am not prepared to dismiss the claimant arguement,because it is a valid one for which the documents and material facts he presents,support this.

He was very prompt and swift in his actions once he DID become aware that he could have recourse.

Therefore I will not be striking out this claim.

 

 

Phew...............

 

He then said he will give 28 days for a listing for arbitratory directions-telling Barrister if they wish to appeal they need to do so before then.

Barrister then started saying..."This on one of many thousands of cases that will likely stay in the system...pending an order being handed down by the high Court that will decide on the way all the cases will go"

 

Judge said-ok but this does not affect the order I am making now does it ?

 

So good day-and now we know that we CAN challenge on this.The Kleinwort Benson v Lincoln bits-appeared to have helped swing it but also I think I was determined they would not get their way after the time I had spent taking this up.

Sight of their costs schedule did not frighten me-instead I think it propelled me-because I was furious.

 

Special thanks to Janet M-been there all along with me on this,Photoman banker rhymes with,Castella,hsbcfiddled.

Bankfodder,and others- you know who you are.

 

Well pleased and looking forward to the next round.

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Actually I told a fib....it wont be beers....I am celebrating Russian Christmas day with all the stuff including live internet from Red Square...so will be Vodka and sausage rolls......cheers ;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Do you have to sit around and listen to Kate Bush singing Barbushka* though !!

 

aaaaaggghhh, perish the thought !!

 

 

PM

 

 

 

(* Barbushka is the Russian equivalent of Santa Claus is I recall correctly)

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites

Well done Martin. :) Another good result.

 

Whatever you celebrate with, enjoy it and Happy Russian Christmas Day.:D

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Do you have to sit around and listen to Kate Bush singing Barbushka* though !!

 

aaaaaggghhh, perish the thought !!

 

 

PM

 

 

 

(* Barbushka is the Russian equivalent of Santa Claus is I recall correctly)

 

 

Noooooo not Kate Bush-I have got some good Russ and Ukraine music-and even Karaoke !!

 

Babooska means grandmother !

 

Their Santa is called-Grandfather Frost

 

They also have female Santas-these are called ice maiden!

 

Just on the phone now to the GF in Kiev......apparantly everyone is well sozzled........ha ha.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Martin you done EXCELLENT today :) ..

the barr tried to confuse the matter stating Justice Smith when it had nothing to do with your buisness claim so well done for answering right back with a good argument . . I got the impression that Barclays barrister thought it was going to be cut n dried in his favour :rolleyes: .. he got a shock me thinks :)

 

You know I'l be there with you for the next round .. sorry I couldn't stay around talking over it for a bit but I'm sure you understood my reasons for having to rush off

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

Yes Jan of course.

I reckon maybe its you who is frightening this guy off..lol

Wonder how much of the £1177.00 he will be seeing ?

 

Called the court BTW to ask what directions (if any) will be going on the order in relation to costs.-clerk said file was not back yet so she couldnt check

 

I was mystified as to why there was no mention of costs-and wonder if the Barr was leaving it off the table until the result ?

Just like the skeleton arguement he suddenly "found" when he was ordered to supply it within 7 days.

 

Well I will ask for costs and produce a copy of what Barclays woke me up with this morning !

 

Next step in advance of any further stay attempts will be a request under CPR for some gems I need from them.

 

Lets not forget-my original stay was lifted-not for limitatation alone but for directions.

This barrister will need to brush up a bit for then.

The gloves are well and truly off :D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Fantastic to see a fab thread and well done to you and all the helpers who gave you hope, more determination and courage to continue

 

you all deserve such a big pat on the back

 

keep positive and to think these barristers think they know it all, what a laugh

 

laters angel x:cool:

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...