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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.

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    • 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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Iwcd vs Barclays (woolwich) **WON**


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I am starting a new thread on my woolwich case which has been running in the Woolwich sub forum here

 

  • I have a court date for 20th July and am currently preparing the bundle.

I managed to lose a hard drive with my spreadsheet on and have been working on it all afternoon. I seem to have made an error and am £4 adrift in the amount I am claiming. Also I have found another charge I originally missed - could this be added on now for the court bundle or is this going to cause me problems?

 

  • With 19 days to go - what is now the best course of action? Do I file bundle to Barclays and sit it out till 25th - or ring them? I feel ringing them is probably a waste of time and best leave it to the courts if they want to drag it out

Any advice would be appreciated - Many thanks :confused::D

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Ok - emailed Dino on Friday who responded within 10 minutes - He gave me the email and phone number of Kate Ashton who is dealing with the case. She replied at 930pm at night! to say that " a settlement letter would be in the post next week". My bundle has to be submitted by Wednesday to court and Barclays and I will still press on with that. This has been a long haul as it is a year since I first asked for the charges information. The light may be at the end of the tunnel.

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iwdc

 

Indeed a year is a long time to be patient when we all know it could be settled within a matter of days. Still, B's got their extra 1 yr Stay of Execution from pay out but you got 8% so was as good as having it in a Savings Account! Only losers are those held up because courts' admin have been so swamped.

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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  • 2 weeks later...

My court date is a week tomorrow. I have just checked my Experian Credit File and found that I have an entry from Barclays saying that I defaulted on my current account. This was soley down to charges. I want the removal of this as a condition of the charges being repaid. Is this now possible at this late stage? I have not mentioned it in my correspondance to them! Please could someone advise - Many thanks.

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Ok the concensus is that you try and get the default removed as part of your settlement .If they dont agree then you are going to have to take an N244 to the court with you along with an amended PoC to include the default removal Judge may be willing to hear the issue there and then as the default has only just come to light

Please dont accept a settlement without the default removal as it will be almost impossible to have it removed after settlement

 

Sorry it took me a while to get back to you

 

Saint

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Thanks Saintly.. bit confused now

 

Do I write to the Litigation team telling them that the removal of the default has to be included in any settlement OR do I wait to hear from them and then only accept any offer if they agree to remove default. As the court date is a week today I guess I need to communicate this late discovery to them now. Can/do I inform the court as well?

 

Thanks again

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What has been suggested is that when B's offer you settlement you attempt to get the default removed as part of that settlement if this doesn't work you take with you to court the N244 with the amended PoC's that include the default and hope that the judge is will allow the amendment .... the case may get adjourned for 28 days if the Judge does allow it :)

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

 

hope that makes things clearer

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Hi iwcd

 

Take a copy of the letter along to court tomorrow and show it to the judge. I would ask whether he/she would kindly make an Order based on the evidence that settlement should be forthcoming in say no more than 14 days.

 

Explain that you hope that in view of the mounting evidence that B's are failing to follow up these intial settlement confirmations, that an Order would encourage B's to complete settlement in a timely manner and avoid the need for further waste of the court's time having to bring it back in front of them - this may persuade the judge to agree (if they think it'll save further court intervention). :)

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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Thx Welshcakes

 

Postman been - no letter - phoned Kate Ashton and her phone diverted to voicemail - emailed her with contact details for today. Not holding my breath

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:D :D :D

 

Went to court today and B's were represented by a barrister who had a settlement letter that I had not previously seen! This letter was dated 10 days ago and had been faxed to the them today. I have accidently signed the letter which has the confidentiality clause in it! ( Didnt do my homework) So the contents of the letter I dont think I can report on here. I do believe that it is a standard letter that can be viewed on here and the offer is what we would all want to achieve :D .

 

The funny bit is that they want to pay the money into my Woolwich account which they closed! As I no longer have a bank account then they are now going to send a cheque, which "may take a while as they are behind with payments". Speaking to their legal person this morning - I was told that some judges are apparently fed up with these cases and want a case brought to court.

 

Also the Judge has left the case open until November, in case they dont pay. If there are no problems it will be struck out.

 

Oh and did I say I have a :D because I WON

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