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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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Bonnita v Nat West ***SETTLED IN FULL***


Bonnita
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I just sent my 1st letter off to the bank by registered mail yesterday and i'm all excited at the prospect that they would have received it today!!!! I was lucky enough to have had saved my statements for the last 6 years exactly and was disgusted at the realisation that the bank had shafted over 900 pounds from me over the last 2.5 years. Sometimes i have noticed they have even charged me for the same unpaid cheque twice in one month only it had been represented on a different day!!! That's taking liberties! One month they even took £150 for various charges and that's not even including the £28 interest i had to pay in addition to that. While i'm paying sky high interest for on my overdraft i notice that when i did have a few thousand pounds credit in my account (a distant memory now) i was only paid a few pence interest.

 

I was doing ok until i got made redundant and then following that my partner and i split up and i was left with a mortgage on my own. It didn't help that the bank was making my life even more difficult. I'm in a better financial position now and have paid off my overdraft so there's not time like the present right.

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  • 2 weeks later...

After having posted my first letter by recorded delivery (and having a slight panic when after 6 days royal mail still couldn't confirm that my letter had been sent and the Natwest were telling me that they had not received any letter from me) my response finally came (within the 14 days). The letter spewed the usual rubbish that i have seen others quoting on this site saying that their charges are fair, reasonable and transparent blah, blah, blah... Was sent by Doug Barker at the customer care team.

 

So anyway i will now be sending my 2nd letter first thing tomorrow (Monday) and look forward to receiving just over £1000 now that i have calculated the interest......eventually. But i guess good things come to those that wait.

 

 

MOD NOTE: THREAD MERGED FOR EASE OF FOLLOWING CASE

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  • 4 weeks later...

Hi everyone.

 

After sending both the initial letter and the letter before action as of Monday 1st May i logged my court claim for £1136.

 

Natwest tried to stall me by calling me up after a week and a half of my letter before action to say that they would get back to me within 5 working days with either an answer or a resolution, however this would have taken them over their alloted 14 days so i filed my claim. The claim went through and they have now been issued, however interestingly yesterday (4th May) i received another letter in the post from Natwest supposedly dated 27th May which hasn't even arrived yet!! This arrived 7 days after their last phone call and was sent first class therefore they must have sent it after they had received my claim. Anyway the letter said that they were not able to respond to my complaint and would get back to me in another 10 days. Obviously they are trying to stall for time and didn't think i was serious in my threats, however with the timing of the letter and the dodgy date i'm wondering if they were just trying to cover their backs with the courts by saying that they did respond to my letters of complaint within the time frames. Of course with the 'mistake' on the date no one would be able to varify when the letter was sent!

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You're granting them more intelligence, all right, cunning, than they have.

 

Like dinosaurs, unable to adapt, they churn out the same letters that they have used to good effect for so long...

 

Meanwhile, we send our letters, sticking to our deadlines, and these unavoidably cross paths with theirs.

 

It doesn't matter, in the end. Your claim, your deadlines. You set the rules this time, and as long as they're reasonable (and this site ensures that they are), there's jack **** they can do about it. Cool, hey?

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  • 3 weeks later...

A response to my claim was due on 21st May and i got to Friday 19th thinking that i was gonna be laughing all the way to the bank. Meanwhile since my last posts i mentioned that Natwest had sent me some time stalling letters with bizarre timing and they have continued with this tactic. They sent me another letter saying they were still unable to deal with my queries and they had been waiting for some documentation related to my file that had been delayed (Huh, does that NOT make sense or what??) and would get back to me within another 10 (same as letter before). Then they refunded £111 back into my account (thats not even half of the £1136 they owe me and doesn't even cover the £120 i had to pay to start the claim!!) and said that it was a gesture of good will although they did not agree with my claim (first time they had even mentioned the claim in all the letters they had been sending) and any further charges would still stand blah blah......

 

Unfortunately Natwest aknowledged my claim that day giving them 28 days to respond, so now my new date to wait for something to happen is 4th June.

 

AAAHHHHHHH the wait is agony!!!!!!!!!!!!!!!!!!!!!!!

 

They have stated that apparently they intend to defend all of the charges so we'll wait and see.

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  • 2 weeks later...

Natwest have today defended my claim in full!!!!!!!!!!!!!! The buggers, so now i have a court date to look forward to. Anyway i don't know how they can defend the whole amount when they have already paid £111 back, but anyway. Now i'm scared but my intention is to stand my ground. Has anyone else gotten to this stage and then been paid out before the court date??? Advice needed please.

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If you read around it seems quite a few people get paid off just before the court date, so hang in there!

 

Good Luck.

I will gladly donate 5% of reclaimed charges to CAG!

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After defending my claim Natwest's solicitors sent me a letter requesting additional info under section 18 of the CPR as they feel that there are insufficient details in my claim to enable Natwest to make a reponse (moneyclaim only gives you a certain amount of space to write your claim, but i put in the most important details and i think it's clear). With BankFodder's advice i sent them a letter in response saying that CPR 18 does not apply to small claims and therefore refused to give them the info they required. Immediately after they sent me a reply saying that they feel that the particulars of my claim do not properly particularise my claim and therefore have informed me that the judge may order me to supply the info they have requested under section 27.2(1) (f) of the CPR in order to ensure that both parties have an equal footing in court. They also say that they beleive that my claim does not have any prospect of succeeding.

 

However as another gesture of goodwill (after already having refunded £111 into my account) they would like to offer a further £600. Accepting this offer will be in full and final settlement and on the basis that i do not disclose any facts or details to any 3rd party and that i withdraw my claim and i would have to accept it within 7 days.

 

I know that they are again trying to scare me into dropping the claim and also i feel that if they were so sure that my claim would not succeed in court then they would not offer me over half of what they owe me would they?

 

I don't want to accept the payment, However i am panicing slightly as i can see that Natwest do not want to make it easy for me and i can see them letting it go to court!! Should i relpy and say that i will not accept their payoff or not respond at all. They said that if i don't accept they will inform the court and draw to their attention that i have declined a entirely reasonable offer in the circumstances.

 

Help!!!!

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Firstly, please do not start separate threads repeating your request - it makes more work for moderators and is not appreciated. I have since deleted that one.

 

Onto the question...

 

They are, I believe, referring to a breakdown of the charges. Did you originally send them a copy of the spreadsheet showing charges, dates, amounts and interest claimed?

 

If not, then you should send them a copy (and one to the court also, clearly marked with the claim reference number). I would have thought this will be the last you will hear from them before a refund is made.

 

Do this asap and send it special delivery - the court can go standard 1st.

..

.

 

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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Thanks for the reply Jonni2bad and sorry for starting a new thread, but i was desperate as no one had responded since last Friday.

 

Yes in the last letter i sent to the solicitors in which i stated that section 18 of CPR did not apply, i did include a breakdown of the charges, dates and reasons as they had requested, however this doesn't seem to have made much difference. I will however now sent a copy to the court as i didn't do this before.

 

Should i tell them basically thanks but no thanks in respond to their letter which said that i have until Thursday 15th to accept the £600 offer, or should i just let it pass?

 

Thanks for any help given.

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Let them know you will accept it ONLY on the basis that it is a partial offer, not full and final. They probably won't accept this, but at least they'll know your position.

 

Just for future reference, if ever you need help and have not had a response for a day or so, just PM one of the mods with a link to the question (thread).

  • Confused 1

..

.

 

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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  • 3 weeks later...

YIPEEEEEEEEEEEEEEEEEEEEEEEEe i can hardly contain my excitement!!!! The day after receiving a copy of Natwest's allocation questionnaire from Cobbetts they sent me a cheque for a 'goodwill' payment covering the full amount + interest and £120 claim fees. From reading other peoples posts that have received full payment i suspected that i might get a cheque very soon after receiving the allocation questionnaire, which, by the way, they didn't submit until the very day of the submission deadline. I can see from other posts that they like doing things on the last day, that's if they can be bothered to meet the deadline at all!!

 

Obviously they tried to set the condition that acceptance of this payment by me means that i agree to confidentiality, however after reading Vampiress' posts i sent them a letter saying that i cannot agree to this and giving them 3 days to respond as to whether they accept this or not. I gave them the option of sending them the cheque back if they were not happy, or waivering the condition of confidentiality upon which i would accept the payment and discontinue the claim. They sent me a letter back after 2 days saying that they were willing to accept and therefore i'm off to the bank in a minute. That money is going to go straight to paying off one of my credit cards in full and i will also make a donation to the site.

 

I'm so glad that i stuck to my guns, didn't let them intimidate me with their scare tactics and joined everyone in the struggle. Thank you so much to everyone for their support and guidance and to anyone that has not yet received their money back, or has just started DON'T GIVE UP THE FIGHT!!!!!!!!!!!!!!!!!!!!!

 

I will continue to be actively involved in this site and pass on my knowledge/experience to others that need it. xxxxxxxxxxxxxx

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Well done! I am so inspired to take Natwest to court now, I am going to write to them next week and ask for a schedule of my charges over the last 6 years. Do you think it is worth it though if it is only for around £200!?! :?

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Well Done Bonnita,

 

The last date that NW have to enter a defense in my claim in 05/07/06 - hope I hear something soon,

 

You have inspired me though.... Well done!!:D :D

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CONGRATULATIONS

Great news, and well done too.

 

Please take a moment to fill out our BANK CHARGES REFUNDED survey

 

 

(and don't forget we can only survive if we get donations!! cough cough)

..

.

 

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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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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