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 
        • 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

DPA Request - Address for Barclays


Azazal23
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5939 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

Had a barclays current "student" account which defaulted in 2004. It was settled very quickly.

 

I have on noumerous occasions asked them for a copy of the default notice without getting a result. However they did send a copy of the termination notice. Dated 16/9/04 the same day as the default was registered.

 

The other day i sent a more firm letter asking for a response which relates to the default

 

"I note from our records that a previous request for this (the default notice) was made under ref 100***** and a response was issued by *******. I have today contacted our Consumer Finance Team who confirmed that as the debt related to a current aco**** a Termination Notice was issued to you, a copy of which you have already received"

 

"You have requested information with the CRA be removed and i confirm that as stated with the termination notice it was the banks intention to register details of any outstanding balance of accounts with the CRA's. I am therfore unable to action your request.

 

Now the interesting points form the Termination Notice are

 

It is dated 16/9/04 - same day as the default was registered on my CRA's files

 

It says they are terminating our agreement from 30/9/04 and demand full re payment of my balance from that date.

 

Quote

 

" If you do not settle the balance on your account the Bank may transfer responsability for recovery of the debt to one of its recovery units for further action., it is the banks intention to register details of the account with the CRA's

 

Question 1. Do they legally have to send me a default notice for my current account, i did have an overdraft by the way

 

Question 2. Were can i go from here, i had a look at other templates but they are for loans etc... Need some help that specifically relates to Bank accounts they its seems to differ from loans.

 

I also had an oberdraft with the account

 

Another point is that they have entered the 16/9/04 as the date the account was also settled.

Link to post
Share on other sites

  • 5 months later...

I have a claim with Barclays for the removal of a Default. I am not claiming charges, but my claim has been stayed. The letter states the current OFT case which has no relation to mine. My hearing was due to be 8 October aswell.

 

Wrote a letter in explaining all this, even quoting art 6.1 Human Rights Act.

 

I called today becuase i had not got a reply, and the [edit] judge has upheld it. Just stating the stay had not affected or breeched the act or my rights.

 

Can anyone suggest some help. I just feel like they have just automatically stayed every Civil Case involving Banks

Link to post
Share on other sites

Without more detail, all I'd suggest is you speak to Court Manager to ask what reason they have for staying a case which is clearly not related to the OFT test case. Come back with result to see what should be done next.

 

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

I would write to the Court Manager and point out simply but politely that the Staying of your case is wholly inappropriate because it WILL NOT be influenced by the OFT test case.

 

Repeat that the case concerns default removal and has nothing to do with reclaiming bank charges.

 

By putting it in writing, you may force the Court to reconsider or to justify the present stance.

 

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

  • 5 months later...

Had my claim with Barclays ( for removal of default) stayed with all the other refund of charges claims. My claim is in no way related to these claims yet has been stayed anyway. I have just sent a 2nd appeal in, can anyone give me any advice if this fails.

Link to post
Share on other sites

Update......

 

I lady from Barclays called last night to say she had recieved the copy of the appeal i sent to the Court and agreed that might case should have never been stayed...said they would contact me in due course.

 

What happens if the court stays the claim again, also considering Barclays requested the stay in the first place, could i claim they delayed the case unjustly and ask for their defence to be struck out for abuse of the process?

Link to post
Share on other sites

Hi use the following link and amend the letter to reflect that you require the removal of the order not a prospective order for a stay

 

don't wait for barclays they will wait and do nothing you will ahve to do this yourself.

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/114308-objection-stay-credit-card.html

 

all the best dpick:)

Link to post
Share on other sites

It's a lot easier if you stick to one thread for people to help you ;)

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

  • 10 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5939 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...