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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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novice computer user v barclays.*WON DEFENCE THOWN OUT*


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No such thing-have an old dog and have taught him loads!!!!! only as old as u feel and computers can be very confusing. You are not as novice as far as this forum is concerned!

hope the saint dose not read this, she would spill her bacardi laughing.nice talking to you ,have to take my little one for a short walk now ,chill time.

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poc's = particulars of claim unless specifically asked for i wouldnt ... i would just send the soc's

hi saint ,just remarking after reading jens thread darren advised full pocs,got me thinking ive missed something.ta.

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i tezl

 

With jen's thread, Barclay's Defence specifically stated that she had failed to give sufficient details of account as well as the charges. I suspect that's why darren advised her to send in a fuller POC [along with her SOC which she had yet to send to either Bs or the court].

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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ive got the same as jenns .quote.the defendent puts the claiment to strict proof of each charge and the date thereof. i thought just updated socs.theres been loads of these defences ,first time ive seen darrens advice given.thanks.

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Yours just mentions the proof of the charges Jens says ..The particulars of claim do not provide details or particulars of the account in question

mines same,the particulars of claim do not provide details or particulars of the account in questionand,orthe precise charges alledged to have been unlawful or dates thereof.to the exstent...,

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mines same,the particulars of claim do not provide details or particulars of the account in questionand,orthe precise charges alledged to have been unlawful or dates thereof.to the exstent...,

it is alledged that the claimant incurred bank charges on the claimants account for unorthorised borrowings for returned cheques paid referral fees or any other such fees the defendent puts the claimant to strick proof of each charge and date thereof.

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You need to send in your POC's and updated SOC's, your strict proof of charges will be in your bundle [statements].

hi darren, they had socs last week, is there template for pocs,thought i had done all this in original claim. cheers.

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http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Yes I realise you have sent in these things over and over, but just humour them, they cant argue not receiving if you have several recorded delivery receipts saying posted. etc.

.

http://www.findmadeleine.com/

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

 

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

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http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Yes I realise you have sent in these things over and over, but just humour them, they cant argue not receiving if you have several recorded delivery receipts saying posted. etc.

soz darren, have read loads of threads and first time ive picked this up maybe others think they have normal defence and havent realised ,do you send to lit team and court. thanks

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Hi Tezl,

 

send a PM to this guy, and you'll get the court bundle sent through as a whole PDF!!!!

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies-2.html#post905779

Remember to add your own SOCs and Barcaly completed claims as well!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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it is alledged that the claimant incurred bank charges on the claimants account for unorthorised borrowings for returned cheques paid referral fees or any other such fees the defendent puts the claimant to strick proof of each charge and date thereof.

what shall i do?thanks.

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thats your soc's ...... what amazes me is that all the info for the soc's have come from bank statements that were issued by barclays so they actually have the information .......... I can hear rain forests crying over tha amount of papr that the banks make us use :(

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mines same,the particulars of claim do not provide details or particulars of the account in questionand,or the precise charges alledged to have been unlawful or dates thereof.to the exstent...,

sorry again ,this is what i want to know about,getting conflicting info on what to do. ammend pocs? leave till judge oders?thanks

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the particulars of claim do not provide details or particulars of the account in question and or the precise charges alledged to be unlawful, or the dates thereof .to the exstentit is alledged the claimant incurred bank charges on the claimants account for unauthorised borrowings ..whether unpaid fees for returned cheques, paid referrals fees or any other such fees..,the defendent puts the claimant to strict proof of each charge and the date thereof. got one finger cramp now.

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