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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
      • 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
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icefall v barclays **WON!!!**


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I paid £5 for my statements after phoning barclays and requesting them last week. Received them 1-3-06. Have now posted preliminary letter today 3-2-06 using freepost address on this site.

 

Should I open another bank account just in case? Will I get a standard denial letter from the bank now...

 

any advice welcome

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Yes, it is a very gtood idea to open another account.

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Sorry but why should we open a new account?

If you have a row with your bank and especially if they think that they are losing they may close your account. You need a parachute so you can bail out.

 

Not only might they close your account but they might default you as well. This can have bad consequences and make it difficult to open another account.

 

Open one or more accounts with other banks to protect yourself.

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I paid £5 for my statements after phoning barclays and requesting them last week. Received them 1-3-06. Have now posted preliminary letter today 3-2-06 using freepost address on this site.

 

Should I open another bank account just in case? Will I get a standard denial letter from the bank now...

 

any advice welcome

 

Icefall, how many statements did you get for your £5??

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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I paid £5 for my statements after phoning barclays and requesting them last week. Received them 1-3-06. Have now posted preliminary letter today 3-2-06 using freepost address on this site.

 

Should I open another bank account just in case? Will I get a standard denial letter from the bank now...

 

any advice welcome

 

Icefall, how many statements did you get for your £5??

 

I just ordered all mine back to march 2000 and they said that would be £5.

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Ok thanks, is your claim against Barclay current account or barclaycard?

 

I was told by Barclaycard £3 per statement! :shock:

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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I got all bank statements to the year 2000 for £5. I telephoned and asked the callcentre, he did not blink, just said yes straight away and when I mentioned £10 under Data Protection Act, said no £5. I could hear him typing on his keyboard though over the phone - he could have just been typing in my request for statements.

 

I have a barclays additions account, I intend on getting my authorised overdraft down then going to a basic account.

 

 

I have applied for a smile account and a Lloyds account, just in case, will use them as back up for the time being.

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Thanks icefall!

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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Hi I received 2 letters today from barclays, 9-3-06, 1st one below

 

Dear blah blah

 

i refer to your letter of 3-3-06.

 

all correspondence has now been passed to me in accordance with our internal complaints process, I am committed to resolving your complaint as quickly as possible and I will investigate the matter throroughly with due regard to your comments.

 

I expect to be able to contact you again within the next two weeks.

 

Please find enclosed a copy of our complaints leaflet, which explains how we will deal with this matter.

 

Thank you for your patience. Should you wish to discuss this matter further, please do not hesitate to contact me on 020 number follow, signed Customer Relations Manager.

 

so I opened and read this letter first and thought right I will wait till the 14 days is up from the date of my letter and write again with the 7 day letter in library (thanks for the letters guys!)

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Then (I had just got home from work) I opened the rest of my post and found this 2nd letter from barclays below,

 

1st letter dated 7-3-06, 2nd letter dated 8-3-06

 

Dear blah blah

 

I refer to my letter of 7 March . I have now reviewed your case and would like to report to you with my findings.

 

I am sorry you feel the Bank carges you have incurred are unfair and represent a penalty. I note you are claiming a refund of £2,635.00, which is the total amount of charges you have incurred over the past six years. You are also requesting a full refund of all debit interest you have paid totalling £231.00. In your correspondence you referred to the Unfair Terms in Consumer Contracts Regulations 1999, which you say supports your view. Needless to say Barclays is aware of all the information you have drawn to our attention. I must inform you howerver, that we disagree with your legal analysis.

 

When an account is opened with us, our customer is provided with a copy of the Terms and Conditions relatiing to the use of their account including details of our charges. This information clearly explains our obligations to our customers, as well as their obligations to us. If we make any changes to the Terms and Conditions we provide details of these to our customers in line with Banking Code. Details of terms and conditions blah blah. website local branches.

 

I am unable to agree to your request for a refund of debit interest you have incurred. When you were granted an overdraft facility you would have received a letter to advse you that debit interst would accrue on any borrowing. Therefore, you will continue to pay debit interest on each occasion you use your overdraft facility.

 

Putting the above to one side, on this occasion and a s agesture of goodweill, I confirm I am willing to refund half the amount of charges you are seeking, that is £,317.50. I hope you will agrree this is fair and reasonable. If you would like to accept this offer please sign and return the enclsed form in the pre-paid envelope provided. I will then arrange for the payment to be credited direct to your current account.

 

blah blah 020 number given out if I wish to discuss, mention of complaints loeaflet agian, and financial Ombudsman service.

 

In accordance with our standard practice unless I hear from you to the contrary within eight weeks from the date of this letter, I shall assume that your complaint s resolved and close my file.

 

yours sincerely - same customer relations manager

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so what I would like to ask is it possible to accept the 50% while still holding out for the full amount?

 

the form they sent me to sign is as follows

 

Thank you for your letter detailing your response to my complaint.

 

I accept the sum of £1,317.50 in full and final settlement of my complaint with Barclays Bank PLC.

 

Full name

 

Date

 

Signature

 

I think I should send the letter in the library that gives 7 days? Any advice welcome, thanks

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Reply that 50% is not acceptable and follow through with 7 day letter. Put in the same envelope

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Received letter today text below

 

Dear blah blah

 

thank you for your letter of 10 march.

 

I note that yu are unhappy and request that I consider refunding you wilth all the charges you have incurred over the last six years. After careful consideration, I apologise that I am unable to agree to your request as we feel the offer we have previously made is fair and reasonable.

 

If you would like to accept our offer for a refund of half of these charges, which total, £1,317.50, please sign and return the acceptance form enclosed with my previous letter of 8 March. If you do not wish to acccept this offer I apologise in advance as it would appear we are unable to reach an amicable resolution.

 

If you wish to discuss this leter, or you feel there are further issues I need to consider, please contact me on my direct telephone number begins 020. If you are dissatisfied blah blah ombudsman etc. complaints process blah blah.

 

In accordance with our standard practice unless I hear from you to the contrary within eight weeks from the date of this leter, I shall assume that your complaint is resolved and close my file.

 

yours sincerely

 

same customer relations manager

 

so I assume its time for moneyclaim online, anyone know how much it will cost online to file? Is it round £120 £230 mark? I will have to wait till payday 24-3 to do it I think. Do I pay to moneyclaim in stages or all at once, someone I know said its £30 to file at small claims court, I realise from looking at this site, its more cos of the amount of money... any advice welcome from you guys!

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Please

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Thanks

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