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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
      • 160 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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Big Fight With NAT WEST ***WON***


Deller
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:o Thought I'd share my story with you all, I feel as though its going extremely well.

 

It all started back in August when I heard this bizzare idea that you could claim back all your bank charges for the last six years. So promptly coming to the CAG site I began to spend many hours reading through many story's and started thinking....hey this actually works.

 

I was able to jump straight to the preliminary letter stage having kept all my bank statements for some strange reason, (now I know why).

So after entering all my details into the spreadsheet this was sent to the bank along with letter claiming £2643 (not including interest).

 

The action had begun!!!

 

I was rather suprised to receive a phone call from my bank several days later acknowledging my letter and to notify me that someone would be writing to me in the next couple of days.

Sure enough a couple of days later the letter arrived, basically telling me they will be looking into the matter.

 

On the 13th day of their deadline I received another letter, this time offering me the sum of £418 as a good will gesture, with no explanation as to how they arrived at this figure. Well you can guess my response......thanks but no thanks.

 

 

So on with the LBA, this was posted quickly and I bagan eagerly awaiting its response.

 

Again they left it right to the deadline limit before they responded but this time stating that they were very sorry that I was unhappy with their offer of £228 (I think they might find that they offered me £418 first time), but having reviewed my file they would now like to offer £1520 in full and final settlement (again now explanation as to how they had arrived at this figure).

This was tempting, but I thought what the hell I've come this far I might as well go all the way so my claim was filed and there was no backing out now (total claim now at £4151.83 including all interest and fees).

 

My claim was acknowledged a couple of days later and I am now waiting for the next step, whatever that might be, 28 days to wait me thinks.

 

Would appreciate any useful advice about what happens at this stage, and how far Nat West claims usually go. Having come this far I really don't want to mess it up now with one silly mistake.

 

I've even brought the 'Small Claims Procedure' book in case it goes that far.......Hopefully it wont as I wouldn't have a clue what to say.

  • Haha 1

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hi Deller,

Good luck with this, I've just reached the end of my 28 days and requested judgement by default as Cobbetts haven't put a defence in yet. Its most likely they will put a late one in and then we'll go to the AQ, allocation questionnaire stage, its comforting to see the continued successes like Plutos, keep in there

  • Haha 1

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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So if you request judgement by default does this mean you automatically win the full settlement, or are the swines able to drag it out a bit longer?:confused: :confused:

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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When I got home there was the letter from Cobbetts, with CPR18 and defence, this will further delay, but its standard practise. They put as many obstacles in your way as possible but it just delays the inevitable...victory

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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:) The 28 day deadline is fast approaching so fingures crossed, a nice fat cheque in time for Xmas!!!

 

I'll be ploughing through any obstacles they stick in my way!!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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:confused: :confused: Just realised that I didn't include my account number on my claim form....will this be a problem even though Cobbetts have filed an acknowledgement of service.

 

I do hope I hav'nt ballsed it up at this stage!!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Any helpers please regarding my querie in previous thread??

 

Getting ever so worried now that I've made a huge mistake.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Deller, I was hoping someone else would answer, cos I'm not sure, you could phone the court, I would think they could sort it out

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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I've sent a message to jonni2bad, hopefully he can help, he seems to know all about this part of the claim.

 

If I don't get any luck I'll have to contact the court like you say......thanks for that baldrick.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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:confused: I have submitted my claim with MCOL and the claim has been acknowledged, but now having read through other forums I think I might have rushed in to it and filled it out wrong.

In the box for particulars I wrote,

 

"I am claiming back all bank charges paid on my account for the past six years as I now understand that the regime of fees which have been applied to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 18th September 2000 to 1st October 2006 of £...."

 

I was also unable to attach a copy of my schedule although this has been sent to the bank with the first two letters.

 

As I said previously my claim has been acknowledged by Cobbetts and the 28 day deadline is fast approaching (4th Nov I think).

 

WHAT SHOULD I DO?????

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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You might just be lucky, but we will know once you receive a defence from NatWest.

 

If it draws attention to your particulars then we will have to make an amendment - or withdraw and start again.

 

You should make a further copy of the charges spreadsheet and send it to them asap.

 

I'm afraid it really does highlight the need to be fully aware of the process you are getting into and amking sure you have read and understood the FAQs and the case management threads.

 

BankFodder is very sick

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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When you say I should send another copy of the charges spreadsheet, where should I send it and which spreadsheet, The Charges and Interest one, the 8% Interest one, or both??

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Not really sure why you would have 2... ???

 

Your list of charges - if you used one of the spreadsheets from this site - will have O/D interest, if being claimed, plus the 8% interest automatically added.

 

That's what you need to send - if explains to the bank what you are claiming for and for how much.

 

Send it to the bank at the address you used in your claim.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I used the advanced Excel spreadsheet from the templates and it definately had two different pages, the first page showed the charges and the overdraft interest and the second page calculated the 8%. I was just wondering whether I should send both pages or just the one caculating the 8%?

 

Also should I send some sort of cover letter with it and if so stating what?

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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I will gladly be donating to this site, everyone is so helpful.

 

Where would we be without all these volunteers helping us all to beat our banks!!!

 

:smile: :smile: :smile:

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Just been reading through some other forums and noticed that some people are sending a copy of their schedule to Cobbetts, will this help avoid their delaying tactics and would it help my case seeing as though I don't seem to have filled my claims form in right?

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hi, I'm at the stage with NatWest where they've offered me a part settlement (again no explanation where this figure came from). I declined this offer and recently received a reply saying there is nothing more they can offer me and this is their final offer.

Do I now send them an LBA?

 

Help, I really want to take them on, but am a bit waqry it will end up costing me!!

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It depends whether or not the 14 days have passed from the date you sent your first letter, if they have then on with your LBA.

  • Haha 1

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Send both parts - if you are claiming something from the bank you need to show them all the information that relates to it.

 

Unless you have been contacted by Cobbetts directly, you are still dealing with the bank. In which case, send it to them, marked clearly as being part of your Court claim number XX12345

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I havn't had any direct contact with Cobbetts but on the Acknowledgement of Service it has Cobbetts address in the box which states 'Address to which documents about this claim should be sent (including reference if appropriate)'.

 

Does this not mean I should send it there?

 

Perhaps I should send it to the bank and Cobbetts to be on the safe side!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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I've decided I'm going to send a copy of my schedule to Nat West (135 Bishopsgate), Cobbetts (Manchester) and also to MCOL (Northampton), all with covering letter asking them to attach this document to my claim, stating claim reference.

 

This way I feel as though I've covered all angles and hopefully there will be no stalling factors on their front.

 

 

Would this be a suitable thing to do or not????

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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I did that and still got CPR18 request from Cobbetts

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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Yes they will send their usual 6 pages of defence and requests for more information.

 

Refere to this link here below.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I'm worried my claim might get struck out due to lack of information under the particulars I filed. Just need a bit of HELP in resolving this matter.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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