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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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AQ Stage


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Hi guys,

 

Had the AQ from the Court and have to get it back to them by the 28th June.

Expecting the B'lays soliciters to wait until the last minute.

 

Just out of curiosity, do B'lays usually settle before I get a Court date or do they wait right till the last second?

 

What is an estimated time scale? Aiming before August, is that realistic target to get the Cash by??

 

Cheers,

 

Ron

 

 

 

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

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Hi, Im in the same situation here, I have received a Notice of Transfer of Proceedings saying that the filing of an allocation quenstionnaire be dispensed with in this case.

 

I have not had any other info from the court and they have not told me what I should

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Hi, I am in the same situation. I have received a Notice of Transfer of Proceedings saying that the filling of an allocation questionnaire be dispensed with in this case.

 

I have not been told what will happen next or what i need to do.

 

Does anyone have any ideas???

 

Thanks in advance.

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Hi Guys,

 

Well sent my AQ back.

 

Just waiting for a Court Date now.

 

Cheers,

 

Ron

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

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  • 3 weeks later...

I now have a Court date for the 29th August. Documents to be with Court by 2nd August.

 

Now with my last Court Case (Natwest) they settled before I had sent the documents. Is this likely to be the case with Woolwich?

 

I will gather all documents anyway just in case :0)

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

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Hi Ron

 

THreads seem to indicate that B's Litigation are so snowed under that they don't have manpower/inclination to consider negotiating settlement wioth court dates further than 3 weeks away.

 

Quite honestly, even if they did agree to settle, I would still send in documents by 2nd August UNLESS you actually have the cleared dosh; if you don't comply with court deadline because you're on a promise from Barclays, the court will Strike Out your Claim and Barclays will be laughing all the way back to the bank.

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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Hi Ron

 

THreads seem to indicate that B's Litigation are so snowed under that they don't have manpower/inclination to consider negotiating settlement wioth court dates further than 3 weeks away.

 

Quite honestly, even if they did agree to settle, I would still send in documents by 2nd August UNLESS you actually have the cleared dosh; if you don't comply with court deadline because you're on a promise from Barclays, the court will Strike Out your Claim and Barclays will be laughing all the way back to the bank.

 

Yup, understood. Will get all the documents to the Court by the 2.8.07, am I also required to send a copy to the Soliciter for Barclays?

 

Ron

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

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You haven't posted the court Order however I would presume yes as it is standard wording in any pre-hearing 'disclosure' Order for the Claimant, that you serve both the court and the Defendant (same deadline).

 

Goes without saying at this stage that you send it registered post. If I were you I'd be tempted to send the covering letter suggesting that in view of the Aug hearing, they may now wish to discuss settlement.

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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You haven't posted the court Order however I would presume yes as it is standard wording in any pre-hearing 'disclosure' Order for the Claimant, that you serve both the court and the Defendant (same deadline).

 

Goes without saying at this stage that you send it registered post. If I were you I'd be tempted to send the covering letter suggesting that in view of the Aug hearing, they may now wish to discuss settlement.

 

Including costs its about £1900. Hwoever, when I started Action the interest per day was about 34.00p. Am I within my right to claim that bacl also or is that at Court discretion?

 

If its my responsibility, am I required to make the calculation or is that the responsibility of Barclays?

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

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If the 'interest' of £0.34 you are referring to is the Statutory Interest of 8%APR, then you have a legal right to have that accruing until date of settlement (or where it makes for sensible agreement and Barclays are settling by cheque as oppose to crediting a bank account, up to the date that Barclays make out the cheque).

 

Should Barclays confirm that they're wanting to settle pre-hearing, you can email through an updated SOC to their Litigation Department and if you want, also add an NB footnote to the bottom of your SOC stating that ongoing 8% Stat Interest is at the rate of £0.34 - that way they have all info they require to settle for the correct amount (and it shows that you know they know :D)

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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Many thanks Cakes.

 

Would it be worth calling their soliciter to see if they want to settle?

The Woolwich - Case being held by Court. £1700

Halifax - Case being held by Court. £800

Halifax Visa - 1st Request, Awaiting response. £800 + removal of default notice.

Natwest - LBA - £800.

Link to post
Share on other sites

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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