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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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Peter Rabbit V Barclays**success**


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hi everyone, just been reading the posts above, and am at a similar stage myself, having sent the LBA today. did you guys (Mr P) get the settlement figure before the end of day 14 of the LBA deadline or was it after this? im trying to work out how long i'm likley to wait for a response.....? my thread is

http://www.consumeractiongroup.co.uk/forum/barclays-bank/63807-mama-bear-barclays.html

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

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Latest Update - I wrote to the court using GaryH letter of non-compliance suggested above and today I have recieved a General Form of Judgement Order from the Court:

 

"Before District Judge XXXX sitting atKendal Court etc.... Upon reading letter of Claimant

 

IT IS ORDERED THAT:

 

Unless the Defendant do by 4.00pm on 17 March 2007 comply with Paragraph 2 of the Order of 9th January 2007, (ie: the directions as per the draft order of directions) the Defence be struck out and the Claimant be at liberty to enter judgement forthwith.

 

Dated 21 February 2007"

 

So the Judge has given Barclays a final chance to submit to both the court and myself thier court bundle. It is a pity he did not strike out the defence forthwith and allow me to go for judgement but I must been getting very close to a settlement now.

 

Happy Days!

 

Peter

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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Excellent, well done Peter!

 

Little bit surprised the judge was leniant enough to make a further order to be honest, especially in view of the original orders strict terms, but at least now you've got a definate date by which you can apply for judgement.

 

You could also consider an http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html. If you wish to, submit it when they've settled, or alternitively at the same time as you go for judgement, if that turns out to be necessary. If the latter is the case then you'll have to amend slightly and remove the references to the claim being settled.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Just rushed home to pick-up some stuff before I head off for the weekend and a letter from Barclays was waiting for me behind the door - I might be posting some good news on here very soon - off to find my spreadsheets and to check a few figures.

 

I will update as soon as I return from what will now be a most enjoyable weekend away!

 

Thanks to everybody for all the help!

 

Peter

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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HI I'm really scared. I've been trying to get my money back totalling about £1850 including court fees from Barclays. I've just got a court hearing date of 17th April. I'm so scared I have no idea what to do now. I've tried reading through the boards but I get so confused. Please could someone tell me in a list format what exactly I need to get ready and where I find it. I really don't want to go to court. I'm so frightened please can someone help me.

Thank you

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Hi Sopvik.:)

 

Have a good read of this - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

If there is anything you're still not sure of then start a thread of your own and ask any questions there. You'll probably find you get much more help that way, plus you'll create your own timeline which people can follow.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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hope everyone's claims are going well, i still havent heard from barclays since i submitted my cliam - not even the standard response letter. ive nw got two choices - file with MCOL tomorrow, or I can amend my claim, and put CI on it - have just been reading up about it, and had a nasty phonecall from barclays saying that they are now charging me 27.5% interest because their recent charges have taken me further into the red (thats a bit crappy really - they put me further into the red, then increase my interest rate!) im toying with both ideas now.

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

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Well I got my charges back - Barclays have settled in full!!!!!!!!!!!!!!

 

I came home on Friday 2nd to a standard letter of full and final settlement - I checked the figures and it was £165 short so I telephoned the legal Clerk who had sent the letter. She checked the figures against mine and said that was fine and to amend the letter sign it and return it.

 

I amended the figure crossed out the confidentiality clause and faxed and posted it back on Saturday and when I checked my account on Monday afternoon there was my money!

 

So thanks for everybodies help - donation on the way.

 

To celebrate I have sent SAR/DPA letter to both MBNA and Morgan Stanley to see what credit card charges I can reclaim!

 

Peter

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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can you help me with the POCs for MCOL please? ive found the ones for M1 but there are too many characters / lines...? help?

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

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its ok, i have found them... claim nearly submitted with MCOL, just need to find the £120 legal costs and i'm sorted...:confused:

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

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Well I got my charges back - Barclays have settled in full!!!!!!!!!!!!!!

 

I came home on Friday 2nd to a standard letter of full and final settlement - I checked the figures and it was £165 short so I telephoned the legal Clerk who had sent the letter. She checked the figures against mine and said that was fine and to amend the letter sign it and return it.

 

I amended the figure crossed out the confidentiality clause and faxed and posted it back on Saturday and when I checked my account on Monday afternoon there was my money!

 

So thanks for everybodies help - donation on the way.

 

To celebrate I have sent SAR/DPA letter to both MBNA and Morgan Stanley to see what credit card charges I can reclaim!

 

Peter

 

WELL DONE PETE, NICE GOING!!!:)

MANY THANKS,

BLUE.

Barclays:

Data Protection letter sent 22/11/06

Prelim approach letter sent £1720.00 22/12/06

Bank offers me £1000.00 to settle 20/01/07

LBA sent 23/01/07

New charges added

MCOL filed £1780 + £310.26 + £120.00 = £2210.26 09/02/07

Court Date Walsall County Court: 17/07/2007

Barclays Case Settled and *WON* before court

Halifax:

Data Protection letter sent 28/11/06

Prelim approach letter sent £1325.00 08/02/07

Halifax Case Settled and *WON* before Court

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  • 3 months later...
Peter,

 

Thanks for the feedback re. the order for directions, its good to hear that most judges seem to be agreeing them. Excellent news.:)

 

With regards to the statement thats most suitible, looking at the defence I think you need to go predominantly with the pre-estimate one, but add a paragraph or two to cover the service charge arguement, as it is strongly hinted at in paragraph 5. Its difficult with this defence becouse they don't actually plead specifically or in detail as to why the charges are not a penalty, only that they were debited in accordance with the T&C's.

 

I'd go with this, obviously amend as required -

Good luck with the remainder of your claim, hopefully you won't have much longer to wait for a settlement now!

 

 

hi

at the end of your quote there is a list of documents as evidence

where can i get these from please?

 

many thanks

 

neil

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