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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 
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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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YB vs Woolwich Again!!!! -**WON**-


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Hi all

 

Been through the proces last year and woolwich settled in full, but then over the past 6 months they have nailed me for more charges to the tune of £795!!!

 

so sent the request letter,

 

sent the LBA.........they offered 1/2 in settlement

 

Refused the offer.....the next day, they upper their offer by another £100 (still way short!) But at least they ar quicker to reply than in my previous claim!

 

Refused this offer today, pointed out that LBA date is 1 march, andi will file on this date if full settlement is not recieved.

 

Will let you know how this pans out!

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OK MCOL Requested today. Fee Paid, should be issed tomorrow.

 

I have written my letter to the court and included a schedule of charges plus interest, to be attached to my claim.

 

I cannot remember, do I need to send another schedule to the bank?

 

or do i just wait until i hear back from the courts etc?

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I posted this one first:

 

Response to settlement offer.

 

Dear Ms XXXXXX

 

Thank you for your letter dated 19/02/07 Ref # XXXXXXXXX.

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totaling £795.00

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My Letter Before Action dated 14/02/07 indicates that you have until 01/03/07 to respond before I commence legal action. My deadline remains the same despite this offer.

 

If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall commence legal action on the date stated above. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

Then they upped their offer by £90 so i sent this one:

 

 

Response to settlement offer.

 

 

Dear Ms XXXXXX,

 

 

Thank you for your letter dated 22/02/07 Ref # XXXXXX.

 

I notice that you have increased your settlement offer from £300 to £390.

 

Perhaps I did not make myself clear in my previous 3 letters.

 

I require all unlawful charges to be returned to me, the amount totals £795.00.

 

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totaling £795.00

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My Letter Before Action dated 14/02/07 indicates that you have until 01/03/07 to respond before I commence legal action.

 

My deadline remains the same despite this second offer.

 

If you do not accept my conditions for acceptance, or you do not respond within 7 days, I shall commence legal action on the date stated above.

 

For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

 

I trust this finally clarifies my position.

 

 

Yours faithfully

 

 

I have not had any reply since the second refusal letter so filed MCOL today, it will be issued tomorrow, i expect i will have to wait till court date now before anything else happens

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Got another reply from woolwich/barclays today.

 

Thanks for letter blah blah blah, but after careful consideration they are unble to agree to my request.

 

the next line cracked me up

 

"Should you now wish to accept our offer, please sign and return the acceptance form enclosed. However, if you do no wish to accept this offer and you now intend to start legal proceedings it would appear are unable to reach an amicile resolution"

 

still pushing the offer..........should i wish to start legal proceedings..........

 

To late started yesterday, 13 days for them to respond, they now will have to cough up court costs plus interest.

 

Should i reply again to this latest letter to reject this offer and inform them of proceedings etc, or should i just wait as they will find out soon enough anyway????

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It just gets more comical!

 

i just checked my woolwich account (out of habit)

 

I set up a new account last month, so dont use woolwich at all, yet they have paid out £225 to someone today, taking me over my overdraft limit!!!

 

Called to ask what it was, they cannot tell me until tomorrow!!!!!!!

 

I asked how it could possiblly go out at all, since there are no DD's, standing orders or cheqes on the account?????

The operator confirmed it as not a debit card transaction, (i knew this already, as the card is not used)

How can a bank just pay out funds without any authorization or evening being able to tell me where the money has gone?????

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The woolwich done this time and time again to me and my hubby, i got an offer the other day of £580 and am claiming £1151. and my other half got an offer of £1000.00 and he is claiming £1640.00.

 

I would just write to them and say that unfortunatly your position has not changed and you have now filed with the courts giving them a ref no, and say that however if they want to agree to your terms you will accept and stop any further proceedings. Make sure you state that you are going to follow it through though.

 

They just think everyone will panic but i think anyone would go to court as this is such an unfair system and we are all entitled to the money back.

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  • 3 weeks later...

The woolwich acknowledged my claim today (on the 14 day dead line)

 

so it looks like they have another 14 days to enter a defence?

 

What happens next? will i now recieve a questionaire from the court? or will this not happen until an actual defence is entered, which i guess will be on deadline day again?

 

the last cliam didnt get this far!!!

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  • 3 weeks later...

Woolwich entered a defense yesterday 1 day after the 28 day deadline,

 

MCOL was not working properly so i could not get in my judgement by default but i think the defense would have been accepted either way.

 

guess i am waiting on paperwork frm the court now?

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  • 2 weeks later...

OK Totally cnfused now i need some advice on what happens next???

 

A defense was filled and got the pack in the post.

 

First page states that:

 

"It is ordered that the filling of an allocation questionaire be dispensed with in this case unless the district judge at he court of transfers orders otherwise"

 

Is this good or bad???????

 

then i got a letter that a pre trial review will take place at my local court 13 July, what is this???? and what do i need to bring etc etc?

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From what I have found on the web sites, the reason to dispense with the questionaire is sometimes used to merely allow the case to proceed quicker.

 

Your pre-trial review should be treated as if it is the actual day of reckoning.

 

Take with you all that you wish to defend your claim, from statements witness reports, letters of communication to your bank etc etc.

 

The judge will see how you both wish to proceed and if no conclusion is met on the day he / she will allocate a further date.

 

Good luck and dont worry

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  • 1 month later...

Hi Gents & Ladies! this is my first post to the community! so hope its as good for you as it is for me! just recieved my full & final settlement offer from Barclays iro Woolwich to the tune of £1,437.00 in respect of my claim for £2,007.00. I must admit after reading some of the other offers you guys have recieved its not bad? im considering writing again to decline but really dont wont to goto court as i have many other debts which im fighting off. do you think it might go that far if i pursue it?

 

havent done very well with Lloyds, got the statements and thats about it!!

 

p.s. i was reading another thread about a gent who was in financial trouble and a reply directed him to DCA? I Searched in the Toolbar but to no avail can anyone tell me want this stands for & where i can find it?

 

Regards

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Hi darrenphil.

 

You should start your own thread and that way you will get more specific answers to any queries you might have, and also means that other people in the forum can follow your progress with your quest to get your charges back!

I think the "DCA" that is referred to on this site is actually an abbreviation for Debt Collection Agency..certainly not somewhere you would wish to go for financial advice!

Han x

  • If Wishes Were Horses...
  • Hannahbtw Vs Woolwich ~settled in full! £2248.87~8/6/07
  • Hannahbtw's OH Vs Natwest~ settled in full! £2155.35~5/7/07

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Hi YB! Don't count your chickens yet and certainly donn't inform court of settlement yet. My court date is this Friday and I still haven't had my money yet.

Hopefully it will arrive soon! I do hope you might be one of the lucky few who have had payment within a couple of days. If it does then CONGRATULATIONS!!!!!!

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