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    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
    • Yep, those 'requirements' not met to shareholders satisfaction seem to me to be: 1. Not being allowed to increase customer bills by 40% (of which well over 50% of the new total would NOT be investment) 2. 1 plus regulators not agreeing to letting them do 'things in their own time (ie carry on regardless)
    • As already mentioned freely available "credit scores" are fairly useless. All lenders have their own "credit scoring" system, that for obvious reasons they don't divulge. And they're "scored" differently to the freely available ones. As soon as they could, we've always encouraged our two children to use credit cards responsibly... Pay off in full, etc, to generate good history. It's paid off. At quite young ages, they have both obtained loans for cars, mortgage and their credit card limits are through the roof. Personally, I have shifted debt around a lot on credit cards (even financed a house purchase once at 0% 😉) and I've only ever been refused a credit card once, sorry twice by the same company, over many years. They must have something very different in their lending criteria. You're a tight one, Mr Branson.
    • Hi DX - quick question, what is the bank likely to do when they get my letter of change of address ? also what is the worst they can do? thanks J1L
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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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karhuss & hubby vs Barclaycard "WON"


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Hi everyone, I am new to this thread. I have received myself and my hubbys statements from Barclaycard ( after 34 days) stating that prior to June 2004 our statements are on microfilm so will require a further 6 weeks to process. Where do I go from here. Do I send them a letter for non compliance?

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Sent letter today reminding them that I am not prepared to wait 6 weeks and they are still expected to send the statements within the 40 day period. 4 days to go before I send LBA for non-compliance.

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  • 4 weeks later...

:-? Finally received my statements from Barclaycard this morning. Can someone tell me in simple terms what items I use in what columns on Vampiress's spreadsheets to work out the compunded contractual interest.

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I think I have managed to work out Vampiresses spreadsheet. I have £842 in charges and interest is £1033.85 making the total claim £1875.85. I used 27.90% which was on my Barclaycard statements. Does this sound right as it seems alot of interest even though it is compounded. I want to make sure it is before I request my money back. Also, not very good on the pc and tried to print off the spreadsheet but it is too wide to fit on A4. Silly question but how do you make it smaller?

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Hi, Yes, the numbers do sound like they're ok. 27.9% is what I have on my statements also. To make the columns narrower left click and hold down on the vertical bars then move them to the left. That should do the trick!

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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  • 2 weeks later...

Have received an offer today as an offer of goodwill from Barclaycard for £290. They say this will show on my next statement. I will be refusing this offer so do I deduct the £290 from the LBA letter or not?

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It depends on the letter you send, you can ask them to remove the money as you are wanting the full amount.

Or you can keep the money and alter your paper work.

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  • 3 weeks later...

Today I have had a letter for Gareth Rawnsley who is the Customer Relationship Manager stating sorry you are not happy, blah blah but our offer of £290 still stands as final settlement. He put his email address on the bottom. Please can someone look through the email I am to send him and let me know what they think.

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Dear Mr Rawnsley,

 

Firstly, please let me thank you for your letter dated 12th July 2007 responding to my Letter Before Action with regards to your partial offer of £290 for full and final settlement for penalty charges plus interest totalling £1875.85 . I am very disappointed with your response and cannot believe that you are prepared to waste courts time with such a claim. Please note that this is now my third and final communication with Barclaycard before filing my legal claim on 10th July 2007 in the Small Claims Court.

 

All the legal precedents, statutes and regulations on which my claim is based, will be fully documented in my legal bundle submitted to court. You will be familiar with all these having had thousands of such cases over the past year.

 

Should you intend to defend in court relying on Genuine Pre-estimates, please be advised that my court bundle contains a request to the judge for a reconciliation between Barclaycard’s Pre-estimate and post-event audit – this to be passed onto OFT CEO John Fingleton.

 

Please be advised my court bundle contains a request for Barclaycard to explain their charges of £20, £15 or £12 when Dublin banks charge £3 for the same operation -- ACCBank and AIB Terms and Conditions enclosed, printed from: http://www.accbank.ie/content/accbank/cms.nsf/Files/CurrentAcFeesChargesJan20 06/$file/Current%20Ac%20Fees%20&%2 0Charges.pdf http://www.aib.ie/servlet/ContentServer?pagename=RO IPersonalPortal/AIBContent_C/pp_article&c=AIBContent_C &cid=1136826345174&channe l=P004).

 

Enclosed the final warning by Judge David Mackie QC from the Royal Courts of Justice as reported by the BBC on 14th May 2007. I understand financial institutions for a whole year have been booking up court time promising to defend a vast number of Penalty Charge cases in court, only to settle at the last minute or not show up in court at all. One morning 77 court hearings were booked but not one materialised – wasting time for the court, judges, and claimants. I request a tally of hearings requested by Barclaycard versus hearings attended. This letter is being copied to Judge David Mackie QC and Lord Falconer the Lord Chancellor. As will be your reply.

 

On 10th July 2007 I shall be filing this case in court resulting in extra court expenses payable by Barclaycard. I will additionally claim for my time and expenses – which Judge Mackie indicated will in future be awarded by courts against time-wasting financial institutions.

 

I stand ready to accept £ 1875.85 as settlement with full and final satisfaction, with confidentiality.

Deadline date is 10th June 2007.

 

 

Yours faithfully,

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Sent email and had an email back.

 

 

Thank you for your e-mail dated 03rd July 2007

I have noted your comments. However, I can only reiterate our response as outlined in our letter dated 27th June,

I am sorry if this is not the answer you wanted, but I trust I have clarified Barclaycard’s position.

If you would like to talk about this further please call me on the above number. I will keep your complaint file open for 8 weeks so you have time to consider my response.

If I have not heard from you by then I will regard your complaint as closed.

Regards

Gareth Rawnsley,

Customer Relations Manager

TIME TO GET N1 INTO COURT I THINK!

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Hi Karhuss

 

What a cracking response to Mr Rawnsley, and what a cheek on his part referring to your request for your money back as a 'complaint'; they do make me laugh this lot!!

 

I'm at the prelim stage and will be watching your post closely. As you have done and I did with Capital One, I have asked for in CCI what I have paid out on my charges. I won with Cap One and intend to do the same with B/card.

 

Stick to your guns girl and get the lot back. Court stage now ...:D

 

P

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Congratulations Paintball. Well done with Cap One. Hope mine goes the same way.

I am filling in my N1 today against Barclaycard. Can I add any new charges they have put on? Just wondering due to the court cases in Hull yesterday whether it is worth one more shot before court. Perhaps a reminder of what the Judge asked of Yorkshire Bank would shift them. Any comments?

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Congratulations Paintball. Well done with Cap One. Hope mine goes the same way.

I am filling in my N1 today against Barclaycard. Can I add any new charges they have put on? Just wondering due to the court cases in Hull yesterday whether it is worth one more shot before court. Perhaps a reminder of what the Judge asked of Yorkshire Bank would shift them. Any comments?

 

 

Yes, add the latest charges to get your schedule bang up-to-date! Give 'em hell :cool:

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HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 1 month later...

Barclaycard had until today to acknowledge the claim with the court and has not. When I rung the local County Court they told me that the case had been transferred to Cardiff and was on hold (stay) until the test case goes ahead. I aked where I stood if BC hadn't acknowledged and they said to send in the form to apply for judgement and see what the judge decides. Has anyone else had this happen to them. I thought that if they had not acknowledged I would win automatically anyway. Also I thought that the test case only applied to banks and not credit cards.

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