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    • If you are buying a used car – you need to read this survival guide.
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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.  

      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
      • 160 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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help in a panic


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I think nearly every claimant who has been through the process has their own horror story to tell!!

 

Again I reiterate - it is what the banks are hoping for, they know they cant legally stop you so what else do you expect from an institute which has been unlawfully taking your money over the past few years!!!

 

Lets face it if they wanted to play honestly and fair they wouldnt have taken the cash in the first place.

 

Take deep breath enjoy the sun, and just post up any specific question you may have but not have found a reply elsewhere!

:-x Kennsignton Mortage Company

:-x GE Captial

:-x Welcome Car Finance

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Woolwich aka Barclays are either getting more arrogant or just plain snowed under, so I don't think any of us should take it personally that they don't seem to be hitting deadlines anymore :D

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Hi I may sound really stupid now, but I need to ask I sent my LBA to the Woolwich they have a few more days to reply but not holding my breath!now I also sent a list of charges with the 8% added to each charge. Now the ? is when I apply to the courts do I put the same figures that I sent to the Woolwich, or do I have to do them again, as more time has gone by, and more would be added to the interest:confused: :confused: :confused: :confused: sorry if I sound really stupid, but I would be grateful for any help, thanx

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I think what you should have done is just asked the Woolwich to repay back to you the basic charges.

 

Then if they refuse or make a low offer then you can go to the Small Claims Court and this is when you can add in the 8% interest.

 

So the answer to the ? is keep the charge figure the same but recalc the interest.

PPMAN159

 

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I was called for a 'case conference' on Monday, although I am fairly confident, as my job involves discussions with accountants and solicitors, and I have to speak in public, I was very nervous.

 

In the event Woolwich didn't turn up, so the judge used his discretion and accepted my claim, so £700 plus costs for travel and loss of earnings. I wasn't prepared for the latter, so I had to estimate.

 

I have to say the judge was very friendly and approachable. You have to bear in mind that this is the small claims court, so they don't expect you to be a legal expert. I also suspect that Woolwich/Barclays are deliberately trying to frighten people off by insisting on going to court. The judges are probably well aware of this, and I suspect they are unhappy with this tactic as it wastes their time.

 

DON'T FORGET YOU HAVE DONE NOTHING WRONG, BARCLAYS HAVE BROKEN THE LAW, SO DON'T GIVE UP!

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Again why the banks bother?

 

By saying that they will defend and then not turing up has,in this case, cost Barclays an extra £700.

 

Eventually the well will run dry but until then keep fighting people

PPMAN159

 

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Again why the banks bother?

 

By saying that they will defend and then not turing up has,in this case, cost Barclays an extra £700.

 

Eventually the well will run dry but until then keep fighting people

PPMAN159

 

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So glad to hear someone else is suffering with Barclays!! This morning I received the Notice of Transfer with all their pathetic reasons as to why they are taking me to court!! According to their defence I have not provided details or particulars of my account/precise charges or dates..Huh??! I have ALL my (and their) correspondence copies with ALL details, so I don't know where they are getting that one from!!

 

So I guess I've got to go through the whole damn rigmarole..I thought it was all going too well.. I received my charges back from Alliance & Leicester recently. Also, the Halifax is about to pay a fat sum into my account any day now. I guess life decided to make me work just a little bit harder to get the hat trick!!

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I think barclays are working on the principle that if they take it all the way to court it will frighten people off claiming. It didn't work with me, and they've got another claim coming for charges incurred since I put in my last claim.

 

But if for every one case that does go to court (and they lose), if another two are frightened off, perhaps they estimate that overall it will be worth it.

 

So to echo what others have said, keep fighting!

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Fair points and I am sure that this is the way Braclays and others think.

 

What we need to do is make them realise that this is not the case and that we not back down.

 

(PPMAN removes cigar from mouth and stops doing Churchill impressions)

PPMAN159

 

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just to let you know i am using the ombudsman complaints procedure. i too am unsure of why others are'nt and am very interested to find out if there is a reason for this. i will carry on as i am for now and whatever i find out along the way i will post back to you on this thread for you if you are still interested.

 

if you find out anything more about this route i would be greatful if you too let me know.

 

thanks and good luck with your claim :)

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i didnt take that route becasue i wanted the safisfaction knowing that i personally took woolwich /barclays to court all by myself.

 

also i think that if everyone used the ombudsmen, then they would be completely snowed under with dealing with everyones claims 100,s of 1000, s, and that would delay everyone getting back what is owed, its bad enough that the banks are delaying.

 

amandax

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Hi there i was wondering if anyone could be of assistance, I have looked at the court forms and despite looking at examples etc am very confused.

Charges £xxx.xx Mine are £2213.50

Overdraft Interest £xxx.xx mine are £536.30

 

NOW IM NOT SURE WHAT I PUT IN THE FOLLOWING????????

 

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day {(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day) }OR at such rate and for such periods as the court deems just.

 

can anyone help?????? I can see why people give up at the first hurdle, but Im not going to, appreciate any help anyone can give me

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Hi there i was wondering if anyone could be of assistance, I have looked at the court forms and despite looking at examples etc am very confused.

Charges £xxx.xx Mine are £2213.50

Overdraft Interest £xxx.xx mine are £536.30

 

NOW IM NOT SURE WHAT I PUT IN THE FOLLOWING????????

 

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day {(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day) }OR at such rate and for such periods as the court deems just.

 

can anyone help?????? I can see why people give up at the first hurdle, but Im not going to, appreciate any help anyone can give me

 

Ok firstly I have merged your threads for you so you can use it as your main thread. It looks to me as if you have put the 8% interest in the overdraft interest space. Are you claiming overdraft interest?

 

The court fees are here.

 

charges + od interest (if applicable) x 0.00022 = the daily rate.

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no im not claiming ovredraft interest, so should I leave that bit blank, and still unsure what I should put here

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day {(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day) }OR at such rate and for such periods as the court deems just.

or is this only if you are claiming for overdraft interest?

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hi there its me again decided to claim the old fashioned way through my local county court, ive filled in papers, and printed 3 copies, I know one goes to the court but wht about the other 2??? where do I send them. My head is spinning:?

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