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    • 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
      • 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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bigal75 v Barclays. ** WON **


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hi folks new to all this and not very good with computers :?

basically i trawled through 6 years of statements and found £3000 worth of referral fees where i have gone over my limit,i take it these are the charges when you go overdrawn.

are these the charges you can reclaim or is it just the fees for the bank sending a direct debit back ?

can you claim back for all these referral fees,many thanks in advance,

Mr Confused !

ps i sent a registered letter with copies of statements to barclays today with template letter but just a bit worried as i don`t want to look stupid and it seems to good to be true

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hi folks new to all this and not very good with computers :?

basically i trawled through 6 years of statements and found £3000 worth of referral fees where i have gone over my limit,i take it these are the charges when you go overdrawn.

are these the charges you can reclaim or is it just the fees for the bank sending a direct debit back ?

can you claim back for all these referral fees,many thanks in advance,

Mr Confused !

ps i sent a registered letter with copies of statements to barclays today with template letter but just a bit worried as i don`t want to look stupid and it seems to good to be true

 

 

Hello and welcome, in this thread it explains what you can claim back. Also if you read the FAQS and step by step instructions this will explain it for you.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-user-guide-contacts-list.html?garpg=6

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  • 2 months later...

Hi people

 

Barclays have said they will go to court as i have gone a few months over the six years limit !!!

 

Does this matter as if i went to court i would just wave these extra couple of months ?

 

Are they trying to scare me or do they have a case ?

 

 

Help would be greatly appreciated.....

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It sounds like part of barclays standard defence .... im sure they will settle in full just before the court date ..... but you might want to wait for someone with more experience to answer

Hope that helps ... Saint ;)

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Threads merged, please stay on 1 thread per claim, it makes things easier to follow.

 

They have 3 choices:

1 - Admit the charges are unlawful, then you tell them that you're happy to let the judge decide if some of the charges are statute-barred or not.

2 - Pay up as a "goodwill gesture" or because it is "uneconomical to defend", in which case what does have the 6 yrs limit have to do with it? They are paying to make you go away, and only full payment of ALL charges will make that happen.

3) They can try to scare you into going away by feeding you some lines of legalese.

 

Which one do you think they're doing? :-D

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Hi everyone,

 

Firstly, this is a fab site so thank you to everyone for making it happen and keeping it going. :)

 

Secondly, I've just recieved a notice that my case is being transferred to County Court as Barclays have submitted a defence. Is this normal and, having read many of the threads, do I just sit tight and wait for the offer?

 

Also, what's the chances of claiming punitive damages? I know there's a high profile case going through the courts at the moment but does anyone have any experience of going further than just the charges?

 

Once again, thanks for all your help. ;)

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Hi everyone,

 

Firstly, this is a fab site so thank you to everyone for making it happen and keeping it going. :)

 

Secondly, I've just recieved a notice that my case is being transferred to County Court as Barclays have submitted a defence. Is this normal and, having read many of the threads, do I just sit tight and wait for the offer?

 

Also, what's the chances of claiming punitive damages? I know there's a high profile case going through the courts at the moment but does anyone have any experience of going further than just the charges?

 

Once again, thanks for all your help. ;)

Its much better if you start your own thread then you arnt hijacking someone elses thread .. its normal for B's to submit a defence

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Sorry everyone little help needed,,,

 

Recieved notice of transfer proceedings today (going to epsom cc)

 

Couple of questions

without hearing ? it says the filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise ?

What does this mean and do i now just wait for the allocation questionnaire now as i recieved notice of transfer and a defence and counter claim form /

 

I take it i have nothing to sign (by the looks of it) do i just wait now until the court write to me again /

 

Not being stupid just frightened i will mess up.

 

I am reading up everywhere on the site just if someone could kickstart me off i will be eternally grateful................cheers

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it says the filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise ?

Exactly what it says. For the most part, the allocation questionaire is being dispensed with on claims through MCOL.

 

Just wait now until you hear from the courts.

 

Regards, Rooster.

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you wont get an AQ through, the courts are trying to speed things along. back to the waiting game but you could always start thinking about your court bundle as thats one of the next steps after the court has got back to you.

Barclays Bank - WON :-D

Virgin - Sent N1 form

Lloyds TSB - waiting for court case to end

Egg - WON :grin:

Barclaycard - statements sent for

Halifax - statements sent for

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CHEERS Rooster, looking at things that are not there i think,(beginning to panic) what is the best thread for showing me what i should start putting into my bundle for court ?...... many thanks again

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Hi I claimed through MCOL and was just transfered to my local court and although the AQ has been dispensed with, today i recieved a request to pay £100 so off to the court tomorrow to pay. This will probably happen to you too, so be prepared

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Barclays have put a big defence in against me.

 

1 The particulars of claim do not provide details of the precise charges alleged to have been unlawful etc etc ( i sent highlighted statements back which showed the fees,do not say Barclays took them but who else would ?)

 

2 I have gone two months over the 6 year period

 

 

3 well i think the rest are just standard so..

 

 

 

Should i be worried or not

 

 

any help greatly appreciated.........thanks

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Dont you ever sleep dar£n lol

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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I too have recieved a similar defence, which were copies. I am worried on what happens next? I was sent an order that states that 'the filing of an allocation questionnare be dispensed with in this case unless the District Judge at the courtof transfer orders otherise'.

This was sent on 09/05/07 since then I have been waiting. Can anyone help me on this issue.......please?

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Recieved a letter from Epsom court today that without hearing my case is being switched to Guildford court

 

It is ordered that Pursuant to the order of his honour Judge **** q.c,designated judge of the Surrey group of courts

 

it is ordered the case be transfered to Guildford

 

 

Should i be worried ? why have they changed courts ?

 

 

Any help will be greatly welcomed.................cheers:idea:

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