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    • 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 
      • 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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xLOCOx v Barclays, BarclayCard, Lloyds (Partner) **WON**


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Right, little update.

 

Now, Barclays filed defence and subsequently offered settlement that was short of the court fees and contained a confidentiality clause. Surely they're just entertaining their strange sense of humour there.

 

As I was quite happy with the offer I tried to contact them through the phone number provided, unfortunatelly couldn't get through so left a message with all my details on their answer machine requesting a call back...no one contacted me.

 

Time flies and now I'm of to court as my hearing date's tomorrow, actually today looking at the watch.

 

This last week's been quite a ride. Thinking I'd won with 7 hours left for Barclays to file defence...but sadly having managed to do so, then receiving an offer and thinking it's all over...And now actually being back to step 1 appearing at court.

 

So I've been going through CAG again from FAQs to many other threads and am still rather shaky :???: , especially as a foreigner I think I dreaded having to speak with dodgy accent at court lol.

 

Anyway if there's anyone still awake, I cannot find which part of UTCCR I am relying on.

 

Cheers.

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...I realy thought it would've been a case of 'been there, done that' by now. but no! no!...

 

Ok, so went to court today, a room with about 30 people in it and a judge with a wig, which I read somewhere wouldn't be a case...lol, anyway we were called one by one to explain ourselves. There were three cases concerning bank charges, first of which quite amusing as the representative of the bank started off with ...'We tried to settle...' The poor guy going...'No you didn't...' So the judge sent them out to sort it among themselves, when they returned they had settled.

Great.

 

Anyway, when my turn came about it was only me standing up as there was no defence from the bank, great again. So my decree was granted, after some hesitation, I must say and I was told by the judge, that the bank would almost certainly recall the decree.

 

So it looks like it's gonna go on and on...

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  • 3 weeks later...

Hi Brucie,

 

Barclays paid about half of my claim so far, so I'm trying to get the remainder through the court. The case has not been settled yet, the return date that's set by the court and by which BarclayCard have to decide what to do is 14 August, so hopefully they will by then.

 

Anyway, the address used is the same as Barclays Plc address:

 

Barclays Plc

BARCLAYCARD

1 Churchill Place

London

E14 5HP

 

Good Luck and start your own thread so that you can keep us posted.....

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A quick update...

I have finally received the court decree awarding the full amount claimed plus 8% interest and court costs that amount to £39.

 

Sooo, called the bank to inform them about the latest development, unfortunately the member of the legal team dealing with my case has been unobtainable since 22 June. I left a number of messages on his answer machine,.... no reply. Spoke to a few operators from customer relations, but none of them could be of any help as apparently only the legal team can deal with my case at this stage...their advice was to wait until they contact me, which has so far been 28 days...

 

I have won my money, but can't get them.....:confused:

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Well done, your almost there!:-)

 

You need to write to Barclays enclosing a copy of the order giving them a date you would like your money by.

 

If they dont settle by that date issue a warrant.

There are quite a few on this site at the moment who have also had to go down the warrant path (especially where Judgment has been in default) and unfortunately it seems to be taking another few weeks after issuing it before people are seeing their money. I'm presuming this is because they are busy.

Hopefully you wont have to wait too much longer. Good luck

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Cheers George, it does look like I am getting there, it's been nearly 5 months,... just puts into perspective how quickly old we're getting, well mature I hope at least.

 

Anyway, by issuing a warrant do you mean sending in Sheriff Officers?

 

Im off to write the letter, thank you so much for your help....

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Alter to suit :D

Dear Sir or Madam,

 

Re: Claim no: #########

 

I have now obtained judgement (copy enclosed) in the above claim, for £##### payable forthwith.

 

I am writing to inform you clearly that if I have not received the money in full by Midday Friday 6th July (7 days) I will takes step to enforce the judgement, this will add considerable costs to the amount payable and may interfere with your ability to obtain credit.

 

The enforcement action taking place will be one of the following:

  • A warrant of execution
  • An attachment of earnings order
  • A third party debt order
  • A charging order
  • A Statutory Demand will be served
  • A writ of Fi Fa issued.

If you wish to discuss the matter I urge you to contact myself without delay as no further warning will be given before enforcement commences.

 

Yours faithfully,

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Thank you George,

 

I am not sure at all what all those points mean, but I'll be happy to send that to them. Cheers again for the continuous support....especially like the part about them not being able to receive credit...:D

 

Cheers...

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It's just amazing, that the person dealing with my case has been on answer machine for the past 29 days or so. Hope he'll have time to go through his mail. The letter's sharp.

 

When I called the customer relations, they tried to contact him while putting me on hold. Obviously my mobile must've been on their files as when trying to contact him, they actually dialled my mobile, so I was on 2 lines with them.....:D

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  • 2 weeks later...

....an update....,

so I've got my Court decree, but couldn't get through to Paul Quinn, who has been allocated my case. As he's been virtually nonexistent for the past two months I was planning to send my request today, but hey there's a postal strike on. I tried to fax all my requests to him instead, sadly the fax no. is wrong.

Anyway, had a look around CAG, as you do, when in need :D and found this_thread, where they actually award members of Barclays Litigation team star ratings, x x LMAO x x and tried the highly regarded Dino. First phone call answered straight away, asked me to fax him my Decree and said it should be just a matter of the payment being made. Soooo, hopefully, I'm close to the ......., but did I not think that a few times before?????:? :D

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After the phone call with Dino from Barclays Litigation team I received the whole amount without interest the following day. Another phone call later the interest was paid. Won the whole amount. I am off to donate now.....;)

 

Thanks for all the help, especially Bicmac V.

 

______________________________________________________________

Barclays Bank:

PAR sent 05/03/07 £629.53

Standard letter from Barclays received 13/03/07

LBA sent 19/03/07

No response, made a phone call 27/03/07 - no success

Small Claim filed @ Edinburgh Sheriff Court 28/03/07

Gesture of Goodwill from Barclays £440.00 05/04/07

Refusal sent (as small claim already filed) 10/04/07

Barclays file defence 19/06/07

Court Appearance 26/06/07, Barclays did not appear

Court Decree granted and received 18/07/07 for the whole sum + 8% Interest + Court fees

Payment received 01/08/07 won!!!!!!! whole amount + interest 8% + court costs => £686.00

BarclayCard

PAR sent 13/03/07 £597.44

No Response

LBA sent 28/03/07

Goodwill Gesture £264.00 received 29/03/07 (dated 22/03/07) and credited to my card

Refusal sent (accepted as partial payment only) 01/04/07

Made a phonecall 12/04/07 requesting full amount - was promised a call back within 48 hours - No Phone Call Received

Letter received 13/04/07 - no further refund will be paid

Small Claim filed @ Edinburgh Sheriff Court 22/05/07

 

Lloyds TSB (Partner)

PAR sent 28/03/07 £158.49

Standard letter received 06/04/07

LBA sent 12/04/07

Lloyds Offer of £220, Happily accepted WON !!!!! 30/05/07

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  • 2 weeks later...

The FINAL update.......

 

Barclaycard filed defence just before the return date as has become their standard....their reminders work efficiently;) ...... and as in the previous case subsequently offered the full settlement, which will be accepted with delight......

 

It was daunting at the beginning, now I'm laughing, some things never change.....

 

Thanx again to all the help from CAG....... I'm off to do the survey and do a bit of that donation thing....;)

 

Cheers......

 

______________________________________________________________

Barclays Bank:

PAR sent 05/03/07 £629.53

Standard letter from Barclays received 13/03/07

LBA sent 19/03/07

No response, made a phone call 27/03/07 - no success

Small Claim filed @ Edinburgh Sheriff Court 28/03/07

Gesture of Goodwill from Barclays £440.00 05/04/07

Refusal sent (as small claim already filed) 10/04/07

Barclays file defence 19/06/07

Court Appearance 26/06/07, Barclays did not appear

Court Decree granted and received 18/07/07 for the whole sum + 8% Interest + Court fees

Payment received 01/08/07 won!!!!!!! whole amount + interest 8% + court costs :D

 

BarclayCard

PAR sent 13/03/07 £597.44

No Response

LBA sent 28/03/07

Goodwill Gesture £264.00 received 29/03/07 (dated 22/03/07) and credited to my card:D

Refusal sent (accepted as partial payment only) 01/04/07

Made a phonecall 12/04/07 requesting full amount - was promised a call back within 48 hours - No Phone Call Received

Letter received 13/04/07 - no further refund will be paid

Small Claim filed @ Edinburgh Sheriff Court 22/05/07

Barclaycard File Defence 15/08/07

Barclaycard Offer 17/08/07 of remaining £358.00 happily accepted.... That's it.......:D WON!!!

 

 

Lloyds TSB (Partner)

PAR sent 28/03/07 £158.49

Standard letter received 06/04/07

LBA sent 12/04/07

Lloyds Offer of £220, Happily accepted WON !!!!! 30/05/07:grin:

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