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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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Barclaycard penalty charges - probably **WON with Compound Interest**


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Wait and see what happens and let us know.

 

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  • 2 weeks later...
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UPDATE !

Barclays had already filed theirdefence .

I recived today proposed allocation to small claimtrack with a DIRECTIONS QUESTIONAIRE and mediation service forms.

I required to file with court by 8th Jan .

 

Questions----

1- should I file mediation service along AQ

2- is there any fees payable if it is do I need to send it with AQ .

3- should I return hard copy to court or photo copies.

suga:-)

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Hi Suga,

 

You'll find this covered on other **WON** threads.

 

Unless you qualify for Court Fee Remission, you will need to pay the appropriate DQ fee, based on the value of your claim.

 

Send the completed DQ to the court, keep a copy for yourself and send a copy to Barclays Litigation. Agree to Mediation.

 

Before you send this into the court for 8th Jan, you could contact Barclays Litigation saying your are about to file your DQ and, unless they agree to settle your claim in the full amount, further court fees will be incurred.

 

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NO fee for direction Questionnaire stage any more

 

Next fee to pay will be the hearing fee.

 

Accept mediation.

 

Chase the mediation as well. Once accepted It will be up to yo uto make contact with the mediation team.

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  • 2 weeks later...

I sent my Direction questionnaire by post and received by both parties.

Also have received BC direction questionnaire we both agreed to mediation

I did sent an email to BC beforehand which was a knowledge and was told they get in touch in the due course.

suga:-)

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  • 2 weeks later...

Hi Suga,

 

How is the Mediation to take place.

 

In terms of preparation, you need to have your claims total, including the amount claimed for chgs and restitutionary interest, plus s.69 int't to date plus court fees paid to date.

 

You need to decide what is the minimum you'd accept to settle your claim, bearing in mind this could save you many hours of work printing and submitting 2 copies of the court bundle. If you decide you will accept nothing less than the full claim, that is your prerogative.

 

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Mediation date is set I need to know what to expect and what do I need to prepare to deal .

 

Ok this is the point you need to understand the law you shall be using. Demonstrate you know your stuff and it increases the chance they will settle.

 

have to hand essential points from the cases you shall be using. Understand how they support your case.

 

the oft report into credit card charges is essential. Be ready to quote sections from it about what they constitute a penalty. The section that saysthe 12 pound is a guideline and that it is only the threshold for their intervention and that 12 does not make it lawful.

 

Also the points in the report that says only a court can define their lawfulnesd.

 

Having a print out of any barclays products where they charge api equivelent or greater than the intetest in restitution u are claiming. Hint. Barclaycard initial visa.

 

Have to hand your charges total your interest total. Claim costs and interest total. Also any outstanding balance.

 

Be preapared to give something in the negotiations. In mine I offered 8% county court interest would be waived if they settled in full. Have that figure ready as well so you can reduce the claim cost.

 

The mediator will be relaying poinys between you both. Be in a position to counter their arguments. Look to their defence for issues they will raise.

 

The mediator will test your resolve. How wpuld you feel arguing your case in a court. What if you lose? How strong do you think your case is etc.

 

remember. You do not have to agree a settlement. Bear in mind i had a credit card reclaim go to mediation. They made an improved offer which i declined. Mediation ended by them after that.

 

2 Days later a 100 percent settlement offer arrived.

 

 

hope that helps

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Hi Slick and SS.

I was away for a few days could not reach computer.

thanks guys for reply.

I have recieved an email from mediator to agree t&c .one of them is to confim that I have read all of the document and evidence provided by the other party that Ineed to have seen in order to mediate.

 

should say yes to above term but I only recieved bc's defence doc

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suga:-)

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Say yes to having rec'd and read BC's Acknowledgement of Service and their Defence.

 

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  • 2 weeks later...

Hi my lovely caggers,

I would like to say thanks for your unprecedented help during the every step of this case. All I can say I'm very happy today .

Special thanks to jewel of the cage SLICK and I like to say thanks to SS as well .:thumb::thumb::thumb:

suga:-)

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Im glad your happy XD Welldone for holding the course

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi Suga,

 

I assume you have reached an agreement with BC but have agreed to confidentiality, hence your inability to say any more.

 

If I'm right, then I offer you Hearty Congratulations and well done for sticking with it.

 

Don't say anything that could breach the confidentiality !

 

Please see my PM to you. :oops:

 

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Thread title amended to reflect my assumption that Suga has probably reached a good settlement with Barclays Litigation including compound restitutionary interest.

 

:whoo: :whoo: :whoo:

We could do with some help from you

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