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

Timesnow v Barclays **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6164 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

Hi. Have been using the site for excellent advice and support for a while, but this is my first post so hope it works. Here goes.

 

Have a Q, but the brief story so far.

 

Already had necessary statements, so went straight to LBA (28 Jan), got 50% offer (28 Feb), refused (outright, didn't do partial settlement thing - hadn't read enough by then) and gave them 14 days etc, heard nothing so MCOL (24 Mar) Issued (26 Mar) Served (31 Mar) Aknowledged (13 Apr) Defended (27 Apr). Hope that's brief enough.

 

All seems 'par for course' so far. BUT...

 

Have now (as of 14th May) received court date (local to me - 4th July), an AQ having been 'dispensed with', and the County Court saying that the hearing will take no longer than 10 mins, and if parties attend it will be for directions only.

 

Anyone think this sounds particularly good or bad?

 

Don't think I've made any horrific mistakes ... defence goes on for a while but seems similar to what other people have received...

Link to post
Share on other sites

Is point 1 of the defence that the claim is summary in nature and that precise details of charges has not been given ... if so send an updated SOC to both the bank and the court with a covering note

Then i would contact B's litigation team on the pretext of finding out who is dealing with your claim ... the mood that they have been in the past week or so the might discuss settlement with you ....... Below is the contact details for Krysta Campbell

 

Krysta Campbell

Barclays

Litigation and Disputes

1 Churchill Place

LONDON

E14 5HP

Tel: 02071164753

Fax: 01452638359

email:krysta.campbell@barclays. com

Link to post
Share on other sites

Thanks Saintly_1.

 

Defence starts very much along those lines. Have sent at least 2 copies of charges to Barclays (with precise dates and amounts and interest accruing on each charge etc...) along with a set to MCOL. Didn't do registered post though - but they must have got 1st set coz they responded to that letter. Eventually.

 

Thanks for contact. Will give it a go. And will send another SOC. (reg'd)

Link to post
Share on other sites

Just thinking through 1 or 2 things...

 

May have made a mistake. Initially followed advice on MSE website. He says go ahead and claim statutory interest from the outset, so my initial letters / SOCs included the 8% column. Don't know what consequences this may have. Anyone any ideas? So when sending another SOC (see above) should I leave out interest all together, include it up to date of claim or include it up til now....?

 

In spreadsheeet, is it OK to call charges (under "In respect of") Paid Referral Fee - coz that's what they are called an my statements. It doesn't say whether the charges are for clearing cheques or honouring DDs or anything else.

 

Sorry for Qs - now I have a court date, starting to feel a bit uneasy.

Link to post
Share on other sites

ditto to saintly,

 

Ref sending in S69 interest from beginning, dont worry this will have no effect on your claim, just make sure you check before sending any future correspondence.

Guys on here are brilliant, if you have a problem it will more or less be answered within 10 mins, very little time to hold off sending that important letter and get it checked first.

 

more and more people are losing their claims cos theyre doing silly things wrong......Dont be one of them.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

Link to post
Share on other sites

Thanks Saintly..

 

With the repeat SOC thing - sorry still not sure. Have re-done it on this site's spreadsheet, but should I send one which has interest updated for today's date, or one which matches the one sent on the day the claim was issued?

Link to post
Share on other sites

Hi, I have sent an updated one with that days date on it so they can see the accumulation of interest! Let us know how the phone call goes but I wouldn't be surprised if they don't forget you - they are so busy. I have had to chase to get a response everytime. give them until 12.00 and then give them a call and say you are just chasing a response which was due at 11. Good luck.

 

Karenann

Link to post
Share on other sites

Phoned them back (all on pretext of finding out who's handling my case). Krysta C just gave me the bloke's name and number. Nothing more exciting than that. (she asked if there was anything I needed to talk to him about there and then..??)

 

Don't know if now's the right time to make an approach - most people seem to say wait for them to make the first move. Hmmmm.

 

Think I'll send latest SOC to him and to legal person on defence form anyway. Sound OK anyone?

Link to post
Share on other sites

I would give him a call and give him all your details i.e. court date, Judge etc and ask if he is prepared to talk about a settlement. He may say that it is a bit early and they will come back to you in a few weeks or they may settle there and then. Worth a go though

Link to post
Share on other sites

What a nice chap! Asked for court date. Said he'll send a settlement letter couple of weeks before that and if I agree amount etc will credit account.

 

Yippee I guess???

 

Still gonna get court bundle etc together just in case.

 

Thanks for the advice Karenann. May have saved a lot of time, effort (and my nerves!!)

Link to post
Share on other sites

Well done - make sure you chase them if you don't hear when they say because they do tend to forget you.

 

Hope all goes well - let us know when you hear anything further.

 

Karenann

Link to post
Share on other sites

  • 4 weeks later...

Hi all. Just a quick update - and a happy one. Phoned lit team to remind them of soonish court date. They were vv helpful. I emailed up to date charges, they faxed me an agreement form, faxed it back, funds transferred same day. Sorted!!

 

Thanks v much to site (donation on way) particularly karenann and saintly for the advice to contact Bs direct.

 

Keep up the good work. Will continue to watch with interest may even pluck up courage to advise someone else.

Link to post
Share on other sites

Well Done Timesnow - Great result:D

 

Slick

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Sorry - nipped out. (Not spending - yet). Will have a quiet :wink: cel. at some point.

 

Thanks again everyone. Hope it goes straightforwardly (is that a word?) for everyone else.

 

Cheers

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...