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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
      • 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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Nurselayer v Natwest***WON***


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Hi there,

 

I was previously registered under a different name but for certain anonimity reasons have had to register under this, my new mb name.

 

Anyway, I am just about to start out against NatWest. I've got the Data Protection Act letter done and am about to send it.

 

One small question though, as I can't remember exactly when I opened my account with Natwest is it ok to put:-

 

"Please supply me with a complete list....since I opened my account with yourselves"

 

rather than having:-

 

"since xx/xx/xx"

 

???

 

As soon as someone can confirm this for me I can get the letter in the post.

 

Cheers

Nurselayer v Natwest - Settled in Full :D

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I phrased it like that with my DPA request to Egg and it was fine. I don't htink it's unreasonable for them to check when you opened the account and just print off stuff from then.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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  • 2 weeks later...

You need the SAR so that you get the details of any manual interventions.

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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  • 1 month later...

I have received from Natwest a complete set of all my statements for the last 6 years and also brief notes regarding 3 telephone calls that I had made to them returning calls that they had made to me.

 

I will now go on to the next stage and calculate how much I paid in charges over that period.

Nurselayer v Natwest - Settled in Full :D

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  • 2 weeks later...

Preliminary letter sent. Am claiming 599 quid. I wonder how quickly they'll post me a cheque? ;-)

 

Perversely, I'm looking forward to receiving their standard rejection letter!

Nurselayer v Natwest - Settled in Full :D

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  • 2 weeks later...

Hmmm, updates -

 

On 2nd June I sent my SAR Request and cheque.

 

On the 5th July I'd received a complete set of statements and a copy of brief notes regarding a couple of telephone calls.

 

Thinking that Natwest had complied with the SAR I then sent a list of charges and Preliminary letter.

 

Now on the 17th July I received another bundle of transcripts of telephone calls etc. The 17th July is actually over 40 days from when I posted the SAR request. Now when I look at the copy of the SAR request that they returned with the transcripts I can see that it was originally stamped "Received 5th June" but then they've stamped over it "Received 8th June" so as to keep themselves within the 40 day limit:evil: . This is dishonest.

 

Next question, how do I tell what is a Manual Intervention, as I do not think that it is clear from what they have sent me. Or should I just not pursue them for the charges on the days when they have made a transcript note? All the Transcript notes are headed - CUSTOMER EVENT DETAILS, and then underneath that it says either - Customer Note, Service Failure, Marketing Contact, or MAC Actions Taken. :?

 

 

Finally, I received on the 21st July a letter from Stuart Higley stating that they do not accept the OFT's findings and will not be refunding my bank charges - I know it is the standard rejection letter and was expecting this. However, before I go ahead with the Letter before Action I would like to make sure that the Transcripts mentioned above will not affect the amount that I am claiming.

 

Thanks for your help

Nurselayer v Natwest - Settled in Full :D

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I would suggest a PM to Natweststaffmemeber as he/she will be able to help with this one. Cheers.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Letter before action being sent tomorrow. Only thing is that in the Step-by-Step guide http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/243-step-step-instructions.html the Letter before Action says "I am very disappointed that you have failed to respond to my letter of the [XXDATEXX]." In fact Natwest had responded to my letter - even if it was only the usual rejection letter. Instead I worded my LBA "Thank you for your letter of DATEHERE. I now understand that the regime of 'fees'....."

I am assuming that this will be ok. If it's not can someone please let me know before lunchtime tomorrow by posting on this thread. I'll check it before I take my LBA to the Post Office.

Thanks

Nurselayer v Natwest - Settled in Full :D

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  • 2 weeks later...

I have received a letter in response to my Letter Before Action:-

 

"Thank you for your further letter of 2 August 06.

 

I am sorry that we have reached this position but I regret that there is little that I can add constructively to my last letter and I note your proposed course of action. I have alerted our lawyers and litigation dept. accordingly. May I please remind you that the address to use when initiating legal documents is that of our registered office at 135 Bishopsgate LONDON EC2M 3UR.

 

Thank you for letting me know of your intentions.

 

Yours sincerely

 

Stuart Higley"

 

The 14 days is up tomorrow (assuming it is 14 days from date of LBA not from assumed service date??) so it looks as if I'll be onto the next stage then.

 

Is there any difference through doing it through my local court or through money claim?

Nurselayer v Natwest - Settled in Full :D

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I'm about to issue proceedings against NatWest as discussed above:

 

Just before I actually issue the claim, is there any difference between issuing it with Moneyclaim or at my local county court? Obviously if it does go to court I don't really want to have to trek up to Northampton to present my case.

 

Should I provide the Moderators with the claim number once I've got it from the court?

 

I have read & reread & reread the guidance notes and I think I've got a fair idea of what I'm doing, but even still any advice will still be much appreciated.

Nurselayer v Natwest - Settled in Full :D

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  • 2 weeks later...

If you issue through Moneyclaim, the case will ne transferred to your local court.

 

Generally speaking you are better off issueing the claim over the counter at your local court as you can include more information on the N1 form.

 

Does your bank have a schedule of your charges? You mus6t make sure that they receive a copy before you issue a monyclaim and you must send them another copy once the money claim is issued, Also the Monsyclaim must refer to the schedule "which has already been suppie to the defendant on DATE".

If you issue over the counter then you can attached a schedule and refer to it in your POC - " as per the attached schedule"

 

You should provide details of your litigation to one of the mods in the form which is used n the litrigation section so that they merely have to cut and paste.

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How long does it take for the court to process the claim? I sent my claim off on the 4th Sept and haven't heard anything at all from them yet. How long is it likely to be before they contact me?

 

Thanks

Nurselayer v Natwest - Settled in Full :D

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There you go. Good Luck. Keep us updated on what you get from the courts or the banks and we will help you as much we can.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Thanks Orfoster, will keep you updated as it progresses.

 

Hi Tom999, good luck I'm glad you've found it. Set up a thread of your own (Tom999 v Greedymoneysnatching Bank) and keep it updated on how things progress. You'll find it really useful to chart how you are getting on. The biggest advice that I can give you on this site is to read, read and read. Once you've read everything and understood what you're doing, read through it again. If after all that you have a question or query then ask. Best of luck

Nurselayer v Natwest - Settled in Full :D

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The Defendant filed an Acknowledgement of Service on 20th September 2006. The acknowledgement was filed by the solicitors acting for the defendant who have given the following name and address for service of documents:

 

Royal Bank of Scotland PLC, 1 Princes St, LONDON, EC2R 8PB

 

They have ticked the "I intend to defend all of this claim" box.

 

I think they now have until the 16th October to submit a defence now. (I'll have to check the actual date of service.)

Nurselayer v Natwest - Settled in Full :D

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The usual!

 

PLUTOSS

The Defendant filed an Acknowledgement of Service on 20th September 2006. The acknowledgement was filed by the solicitors acting for the defendant who have given the following name and address for service of documents:

 

Royal Bank of Scotland PLC, 1 Princes St, LONDON, EC2R 8PB

 

They have ticked the "I intend to defend all of this claim" box.

 

I think they now have until the 16th October to submit a defence now. (I'll have to check the actual date of service.)

SNATCHWEST and NOBBETS no scare me!

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  • 3 weeks later...

Hurrah, guess what I got through the post last Wednesday? Yep, a cheque for the full amount claimed!! I'd like to say a massive thank you to everyone on here that has helped me to reclaim these unlawful charges. I'm now going to concentrate on getting the charges that I'm owed from Barclaycard and then I'll be taking on Lloyds.

 

Hurrah, hurrah, hurrah! :):D

 

PS I'm just about to make my donation to this site - make sure that you donate when you win too!

Nurselayer v Natwest - Settled in Full :D

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