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

** WON ** About to start any advice offered is much appreciated


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6288 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

  • Replies 63
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Yes, welshman's quote goes in section G.

 

The final decision of which track the case will be allocated to is down to the judge, so the first part is to underline your wish to use the small claims track.

 

The rest is to explain that although the case is suitable for the small claims court, you would like the Judge to order "standard disclosure", (you have to request it since it is not normal in small claims cases). Standard disclosure would mean that Barclays would be required to explain in court exactly how they make up their charges - that's the bit that scares them most!

Victimnomore

By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..

Barclays Case1

14/03/07 **WON** FULL settlement £3358.39

Barclays Case2

08/09/08 Prelim: please give me my £187.91 back.

Halifax Case1

14/03/07 **WON** Refunded £728 (including £54 costs)

Halifax Case2

08/09/08 Prelim: please give me my £268.24 back.

Link to post
Share on other sites

  • 2 weeks later...

Just been in touch with the court dealing with this case, and have found out that yet again, Barclays have submitted the documents late.

 

I know this is standard practice by them but surely they should be held in contempt of court for doing this. The documents required from them were due on 31/10/06 as were mine, they did not arrive until 01/11/06. Now I can appreciate it is only a day, however if I was to do this my case would have been rejected.

 

Anyone care to answer why the banks can get away with this and yet we cant

Link to post
Share on other sites

Hi, new to this site and forum, i have read hours and hours of info but i do believe my claim will seriously exceed £5,000 perhaps near 15k as i am in business and the banks have had lots of fun with me. I under stand the multi link track but where do i find the relevant info, is the procedure the same as with the small claims court ect.

Help!!!!!!

football

Link to post
Share on other sites

Hi, new to this site and forum, i have read hours and hours of info but i do believe my claim will seriously exceed £5,000 perhaps near 15k as i am in business and the banks have had lots of fun with me. I under stand the multi link track but where do i find the relevant info, is the procedure the same as with the small claims court ect.

Help!!!!!!

football

 

Hi Helen

 

Welcome to the forum, I honestly could not tell you any more than this site does although I understand where you are coming from. It may be a good idea to speak with one of the mods who may be able to tell you more.

 

Dz

Link to post
Share on other sites

Just received my DPA back from Barclays and they seem to have changed the wording

 

I have pasted the text in below from a scan I did of the letter

 

Please be aware that the Bank is not under an obligation to present information according to any particular format. Therefore, your request to assemble a schedule of charges is turned aside. You may of course obtain this data from copy statements and these will be supplied to you shortly without charge on this occasion. As the Bank is providing the copy statements on a complimentary basis, no payment will be will debited from your account.

As regards your mention of “manual intervention”, the DPA does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managing day to day transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute “personal data” under the DPA and therefore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention.

 

Any comments??

 

I had exactly the same reply from Barclays and apparently this normal.

Link to post
Share on other sites

  • 2 months later...

This morning I received a letter from the Litigation Department at Barclays offering a final settlement of approx £40 less than the amount claimed but it has the usual confidentiality clause attached.

 

Do I accept this or reject it and if I do reject what implications will it have on court that I rejected a very close offer?

 

 

Thanks in advance

 

dzaster

Link to post
Share on other sites

Just spoken with the Litigation people at Barclays, they are not bothered about the confidentiality clause that was mentioned and will settle in full on receipt of a fax stating I accept their offer.

 

The bloke on the phone sounded really overworked.....

 

So now we have another win to shout about

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...