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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
      • 162 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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I requested a full SAR 2 weeks ago and yesterday got 6 years of statements in the post. From the statements I have added up all the charges Barclays made on the account over the 6 year period. What do I do next in terms of claiming back these charges? I have read through a few postings in the forum and feeling very confused.

 

ANy help/advice appreciated.

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Hi DJ,

 

Go through the Reclaiming Guide at Link No1 in my signature below. That should answer a lot of Q's.

 

You should enter all the charges onto a Site spreadsheet to make your Schedule of Charges.

 

This will go to Barclays with a Prelim Letter, followed by a LBA after 14 days.

 

Another 14 days later, you will file your claim at the local county court.

 

Reading other threads in this forum will teach you loads.

 

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  • 2 weeks later...

Received lengthy letter from Barclays which I have tried to attach here but without success. Anyway the letter goes along the lines:

 

We acknowledge receipt of your complaint about bank charges. We believe that your complaint concerns the level, fairness or lawfulness of the charges. If it concerns something else such as an administrative error, please let us know.

 

We believe the charges are legal fair and transparent.

 

However Barclays ( along with a number of other banks) has now become involved in legal proceedings with the Office of Fair Trading in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges.

 

It would be our normal approach to resolve your complaint through our internal complaints process as quickly as possible. However, until the determination of the legal issues in the above proceedings, we have asked the Financial Services Authority to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

 

We can assure you we have registered and stored the details of your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case.

 

Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible.

 

We are sorry that we have not been able to respond in full to your complaint now, but we ( together with the OFT and FSA) think that it is necessary to resolve the key legal issues before we decide how we should respond to your complaint.

 

Obviously exactly what will happen next will depend on the courts. We do not know how long the case will take - we have promised to proceed as quickly as possible but inevitably given the importance of the issues being considered this may take many months to finally resolve. But we can assure you that once the legal proceedings are completed we will resolve your complaint as quickly as possible. If at that stage you do not agree with our conclusions you will of course be able to refer your case to the Financial Services Ombudsman Service ( or the courts)

 

Given this court case we have asked both the FOS and the courts not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated tht as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case.

 

Similarly, you should be aware that if you choose to issue a claim in the county courts, Barclays will immediately apply to the court for an order to stay your action until resolution of the bank's proceedings with the OFT.

 

We will keep you updated appropriately about the proceedings with the OFT. You can also check the latest position on our website Personal Banking - Barclays Personal Banking

 

The FSA requires us to assure you that your complaint will not be adversely affected by the delay in dealing with it.

 

If you have a complaint other than the legality of bank charges then these will continue to be dealt with in line with our normal complaint process detailed in the enclosed leaflet.

 

If you require any further explanation with regard to this letter please refer i the first instance to the Q&A provided in our website under the " Help and information" section. If you do not have access to our website you may call 0845 300 5857.

 

 

 

Is this a standard issue letter? Any thoughts on how I should respond would be appreciated.

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Summary of Barclays response.

 

"We think your letter is about bank charges but, if not, let us know.

If it is, our charges are fair but until the OFT case is resolved, any claim you make against us will be Stayed by the courts."

Keep to your timescale and take the next step - in your case this will be your LBA, and then File at court after 14 days.

 

:)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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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