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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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Nightstar V Barclays ***Nightstar WON****


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UPDATE....:)

 

Phoned county court this morning and they gave me contact number for the bailiffs, phoned them and they said that they send notice to the bank and if they dont get a response after 9 days then they will visit the bank to demand my money, so I will call bailiffs back in 9 days to find out whats happening if I dont hear nothing in the meantime...

LETS ROCK !!!:D :D :D

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This is brilliant reading - although I would like you to get your dosh asap , it would be wonderful if bailiffs went to Barclays to demand your money. The press would have a field day and it would encourage loads more people to take on these bloodsuckers.

 

Spotty

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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Cheers Spotted Dog,

If/When the bailiffs go in then rest assured everyone and I mean everyone who is involved in the media will be notified, I demand my 15 minutes of fame, LOL:D

LETS ROCK !!!:D :D :D

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Cool Nightstar...

 

Prefer your new signature by the way!!!:razz:

Barclays bank PRELIM sent 29/08/06 £3439.18

aknowledged by them 1/9/06 Promised reply by 26/09/06

offer of £1000 received 30/09/06

LBA sent today, thanks but no thanks. Partial acceptable.

 

Halifax bank PRELIM sent 29/08/06 £1790.52

acknowledged by them 31/08/06 Promised reply within 4 weeks.

Offer of £194 received 08/09/06 :mad: LBA sent 13/09/06

Offer of £585 received 23/09/06 Rejection of offer sent

They have until 3/10/06 to pay in full before court action commences

Will not pay any more letter received from them 30/09/06

 

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

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Watching this with great intrest as Barclays have unill 12th Sept to submitt their defence on my claim. fingers crossed that yours is sorted within the 9 days. Can't wait for the next update :) well done. Alix

Prelim Letter sent 4/7

Standard fob off letter received 7/7 (promising looking into my claim and would get a response by 31/7)

LBA sent 28/7

Received partial offer of £430 on 1/8

Another fob off letter recieved 4/8:idea:

Sent Thanks but no thanks Letter 7/8

Claim issued 15/08

notice of issue rec from Northampton Count Court 17/08

Claim acknowledged 21/08

Filed for Judgement by default 19/09

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Recieved Telephone call this afternoon from James MacDonald, at Barclays Bank Head Office, Informing me that Mr Jeramiah is on his hols until 11/9/06 and that there seems to be a communications error within Barclays re: my claim ( I'LL SAY SO)!!!:p Anyways he has requested that I fax all details of my claim to him ie Claim, Warrant and evidence that i'ts been passed to Bailiffs....

 

I have PM'd Bankfodder but he doesnt appear too be online..

 

Mr MacDonald stated once I have faxed over the details he will make enquiries and will have my money into my account ASAP.

 

The funniest bit was when he asked if I intend executing the Warrant...I replied DO BEARS SH*T IN THE WOODS...:D

LETS ROCK !!!:D :D :D

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The funniest bit was when he asked if I intend executing the Warrant...I replied DO BEARS SH*T IN THE WOODS...:D

 

In my best Mr Burns voice "excellent" :)

Beat up Halifax for - £750 :p

Barclays - Offer recieved 30/8 for 1/2,

Court Claim submitted 31/8 for full amount

 

Claiming in Northern Ireland so any help or guidance very much appreciated

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Oh, I was hoping to you your branch (and half the people from this forum) on the telly soon!!! My advice, FWIW, is to send him the details and give him until close of business to fax a reply promising full payout, and the following day to arrange same-day transfer of cash into account of your choice. Otherwise bailiffs go as planned.

 

A good outcome must be very close, surely.

 

Andy

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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Yes, excellent indeed! Most excitingly for me, KJ seems not to return from his much deserved hols until after the date for them to submit a defence... fingers crossed! Looks like the end is imminent for you, Nightstar, but you may be denied your TV appearance with the bailiff! As Fastpass says, better than a soap!

 

Steve

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Thanks Guys,

I have have not faxed Barclays details as yet, will do it tommorow a.m, I think at this point Mr MacDonald (

Oh and you can call me direct if you have any problems
will either.

a. Apply for set aside Judgement.

b. Pay me the MONEY

c. DEFINATELY

kick someones ASS at my local Branch:-D :-D :-D :-D :-D :-D LOL

LETS ROCK !!!:D :D :D

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The funniest bit was when he asked if I intend executing the Warrant...I replied DO BEARS SH*T IN THE WOODS...:D

 

:o :D

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Should you be talking to Barclays over the phone. Shouldn't everything be in writing !

 

I am sure they are panicking.

What if you don't fax them the info before the baillifs go in ?

Hopefully Dave or BankFodder will have some advice for you.

 

Good Luck

[sIGPIC][/sIGPIC]Statement request 4th May

Prelim Letter sent 24th May

LBA 7th June

Thanks but no thanks letter sent 22 June

MCOL 22nd June

Claim acknowledged 26 June

AQ sent 2nd August

17 Nov Court Date Set for 29 Jan 2007

Settled in full 12/12/06

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Thanks Spotty,

I totally agree, normally I wouldnt be conversing over the phone, and I agree everything should be in writing, but I am aware that Mr MacDonald is now in the unenvieable position of making a couple of possible decisions:

 

a. Go for a set aside Judgement( dragging this out further then either not turning up at court and, if they do losing the case anyway)! am sure the Judge is going to love that:)

 

b. Sorting this out to save embarrasment to Barclays having the Bailiffs go in and the media attention( in a very tight schedule)

 

I think he may well go for the latter of the 2 options because it's literally days away from Zero Hour and the last thing they want is negative media descending on my local branch, But Im not counting my chickens, just yet.

Thanks for your comment Spotty.:)

LETS ROCK !!!:D :D :D

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I think you're far too nice, faxing him the details. The way I see it, legal procedure has been followed all the way, if they f*cked up, it's their problem... Personally, I would have told Mr McD to take a walk to Churchill Place and pick up the forms from KJ's desk, blow off the dust himself and consider his options then... :mad: Nothing like a bit of pressure to help them cough up quicker.... Think of it as a monetary Heimlich Maneuver, lol....

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