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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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BaiNuanKen vs Barclays Bank **WON**


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Further developments.

 

I've just had a call from Paul Quinn (he confirms that the correct email for him is paul.quinn3@barclays.com - the one without the '3' is someone else apparently).

 

He was a little puzzled, and thought that I had been paid already. I assured him that I had not, nor had I received any communication of any kind.

 

He then asked me to forward a copy of the judgement when I get it, and promised that they would then pay.

 

I've checked again with the court that I will automatically receive a copy of the judgement, but it will be 7 to 10 days.

 

So, probably nothing else now for a few days :(

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Well that sounds like Congratulations to me!! It seems like you have won by default, so now its just a matter of getting the money!!! Good Luck and well done x:D

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I would imagine it was by mistake, maybe you got lost under a huge pile of paperwork on someones desk lol

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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Hearty Congrats to Bai Nuan Ken.

 

Not being a party pooper but doesn't para. 3 leave it open for Bclys to delay matters further or would they not bother at this stage.

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Hi slickwilly132, yes, I'm worried about that one too. :(

But from the phone call, I think they will pay reasonably soon now. Certainly before it gets to bailiff time!

 

Fingers crossed!! :D

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  • 2 weeks later...

Well, it's been 8 clear working days since I applied for 'judgment in default' with the help of the lady at court. Nothing yet, so I'm hoping that I receive something early next week.

 

Hopefully not a notification that Barclays have have 'applied to have it set aside,...' Of course, the 7 days mentioned in para 3 of the order may have started on June 18th - the date of that order (about 10 posts back on this thread), in which case they would have had very little time to react.

 

All of which just means I'm quite optimistic now :) At least of getting the judgment. I'll probably phone the court if it doesn't arrive by Wednesday (July 4), make sure everything is ok.

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If B's were daft enough to try and have it put aside, surely you'd have compellingly good cause to go on and seek a Wasted Costs Order? At least you're 8% is accruing every day.

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...

GOT IT!!! :) ££££££££

I was away for the weekend from Thursday midday, I just had time to check my snail mail and saw that the 'judgment in default' had arrived (never had time to phone the court), but I didn't have time to do anything about it.

 

We got back home yesterday evening (Sunday) and I was very pleasantly surprised to find that the cheque from Barclays had arrived! It must have arrived Saturday, the cheques is dated July 6th (Friday).

 

So, MANY Thanks to this website, and all those of you who have helped, and encouraged me. We can chalk up another success! :D

 

In case anyone would like to see it, here is a scan of the judgement: -

 

\\stnx-server\share-Docs\Nick\judgement-2.jpg

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Hey Bai

 

That's great news, many congratulations, a good old haul back of money plus interest!

 

Make sure you PM a Moderator to let them know (your thread will be added to Hall of Fame aka Successes). Fill in the site survey and if you're of a mind, a small donation will I'm sure be hugely appreciated by the good people who keep CAG up and running "by the people, for the people"!

 

:D

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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BaiNuanKen, CONGRATULATIONS.

 

Even in teeny weeny writing, that Court Order looks damned good. Well done

 

Slick

We could do with some help from you

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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 !:-)

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