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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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jpet77 v Natwest ***WON***


jpet77
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I banked with NatWest for about 12 years but closed my account in October 2001. I managed to find my sort code and account number (which I have now lost :( ) and contacted them. They have ordered copy statements to be delivered to my local branch for my collection (should be there next wk) for the cost of £5 but said that they can only go back 10yrs on their system. This wd still work out that I wd have 5 years worth of statements on for £5. I know that I paid loads of charges to NatWest but don't know whether it's poss to claim from an account that's been closed for so long :idea:. Can anyone help?

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It is worth a try - the law on limitations seems to point to us being able to claim that the bank concealed the information that they were making unlawful charges. This is backed up by their continued insistence, despite the OFT report, that their charges are legal.

 

A number of people are challenging banks over amounts prior to 6 years - but it is early days yet, to assess progress.

 

 

 

 

 

 

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I don't know whether it's in front of my nose, but if I am unable to find my account details again - despite having already ordered the statements from NatWest when I did have the account details if they never arrive will I still be able to claim?

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I would like to claim from a Nat West account that I closed in 2001. I chucked out all the account details when I moved last year but then miraculously found the account number and sort code from a ripped cheque that fell out of my bin when I was changing the binbag!! (I had contacted NatWest and they told me that they were unable to get me copy statements without this info). I therefore rang them straight away (approx 4 wks ago) and they ordered copy statements to be sent to my branch for my collection. I have since lost the bank details :shock: and the statements are not yet at my branch.

 

What should I do? - Is there any thing I can do?

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Natwest should have details of your telephone conversation 4 weeks ago. They should be able to find you through your name and address as they must hold this information for 6 years.

 

Try calling them again. If you have no joy come back here.

 

Let us know what the outcome of the call is.

[

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I've just rung them - Lucy said that because it's a 'historic' (!) account it may take upto 6 wks for the statements to come through!! - so maybe I'm jumping the gun a bit and should w8 til the end of nxt wk. I asked whether they wd be able to provide me with my account details and they said that I wd have to take ID in to the Bournemouth branch where my account was held. I explained that I now live in Birmingham but they said there's nothing they can do about it. I rang the Bournemouth branch and was given the same response. :(

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Guest Lueeze

What a load of rubbish, surely they cant expect you drive down to Bournemouth?

 

If your bank is down there, then I would ask to change to a branch in Birmingham, and see how they deal with that! Everyone moves around, they have to be flexible with people's lifestyles, knowing it is unlikely customers will stay in the same town the account was 1st opened!

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I just went through the contacts on the sticky and rang Mary McCallum Personal Assistant to Sir Fred Goodwin who put me through to Michael Duncan (0131 5235317) who said he will look in to it and call me back before midday. Fingers crossed!!

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Michael Duncan has just rung back 2 hours late!!! and says that they are still looking in to it and he can't be precise about when I will be in receipt of the statements but that he has got other managers involved to trace my account. Just a waiting game now I suppose

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  • 2 weeks later...

Just thought I'd post that I received a call from Beverly Pierce (Southampton) saying that my statements are at my local branch for collection and that there are lots of them!! :D

 

I'm going to collect them when have got kids from school and let you know if I've what charges I've got in a bit!!

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£914 worth of charges :o over the 2 years worth of statements they have provided me with (they only went back to 1999 and I closed the account in 2001).

 

Does any one know if it's poss to get any further statements or should I just post of the initial letter adding 8% interest now I have this info?

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Guest Lueeze

well they only have to go back to 2000 as they have 6 years, check out some threads about claiming more than 6 years back!

 

Meanwhile get started on these charges

 

Lou xxxx

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  • 2 weeks later...

Right, I have received a letter from the notorious Mr Stuart Higley telling me that the charges are 'fair, reasonable and transparent.' :-x

 

I would like to issue a letter before action ;) . Should I send it to the registered address or to Mr Higley or does anyone know of anyone (apart from Sir Fred who seems most unsympathetic) who is directly above Mr Higley who I could address the letter to? (I have checked the sticky but nothing stands out).

 

Stuart Higley seems to be a regular thorn in our sides :-x

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jpet77,

 

I pressume the infamous Mr Higley has sent you the same letter as he has sent me.

 

That being the case, the penultimate para reads:

 

I am disappointed to note that you are contemplating legal action against the bank. Whilst I hope you will feel able to reconsider, should you decide to go ahead, please ensure that any proceedings are served on our Registered Office address, which appears at the foot of this letter.

 

Even if that para wasn't in your letter, it seems fairly unequivocal to me - so I'd send your LBA to:

 

NatWest Bank Plc, 135 Bishopgate, London, EC2M 3UR.

 

Hope that's some help?! :)

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Mr Higley had the following to say:

"I am sorry to disappoint you but we will not be making any further refund of charges. You deem these charges to be unlawful yet our opinion is to the contrary.

I have noted your proposed action and alerted our lawyers and litigation department to expect your claim.

Incidentally, it is today that the banks are to respond to the OFT statement of 5 April and whilst I have no knowledge of what it likely to be declared, I suspect that the events will be widely reported in the Media.

Thank you for writing."

So I guess my next step is money claim online :-x Why do they push us to such drastic actions to get back what they shouldn't have taken in the first place?

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