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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
      • 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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canobeans v rbs


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Greetings

Living in England.

I've issued RBS with a summons for £1650.....(unfair charges/interest/court fees)

I started my campaign at the beginning of March and followed the instructions on this site until I finally took court action at the beginning of April.

 

My first reply from rbs came yesterday (18th), as an offer for approx 70%.

I intend to push for the lot.

 

What I'm unsure about is whether it is acceptable to make contact with them by phone, to try and negotiate a better deal, or will this jeopardise my court summons. Apparantly rbs must reply to the court action by 22nd April.

OR should I just ignore their offer and wait for the court process to run its course.

Thanks

canobeans

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UPDATE:

This morning I received "Notice that Acknowledgement of Service has been filed"

They're going to defend all the claim.......SURPRISE, SURPRISE!!! :rolleyes:

I'll let you know what happens.

If I've read it properly I have to wait 28 days from when it was FIRST issued.....that should take it to the second week in May.

:p;):D (I'm experiencing lots of different emotions all adding to the excitement)

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  • 2 weeks later...

Latest :-

Now had the "Request for further information and clarity" letter from Cobbettts.

I've searched through cases on this site for about 3 hours to try and find out what I do next.

I can't find a template letter to reply to these questions and I don't really understand what they want. The closest I could find was on BigCol's thread....but again he said he altered the letter.

Up to this point I've been fairly confident but now I'm getting a bit lost.

Do I just ignore their request???

OR... Is there a template letter that I can use???

OR... ???

Any guidance would be appreciated. THANKS

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Think I've found what I'm looking for......I would appreciate a nod to confirm this, thanks...........

 

Dear Sir or Madam:

Claim No:

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name:

Account number:

Sort Code:

 

Please also find enclosed a breakdown of all charges I am claiming.

Yours Faithfully

...."copy sent to ........County Court.

__________________

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Hi canobeans,

 

I'm no lawyer but iI interpret CPR 18 exactly as it reads the court must order you to comply at its discretion if it thinks you have not supplied enough info, if you have followed the procedures listed on the forum you can take this as a delaying tactic by the Nat West (& Cobbetts ) I.ve had dealings with them in court, they try every trick in the book.

 

My view is just procced as you are take it slow & double check your every move. Your letter is OK.

Just add should the court rule you have to give further info then you will do so, but until it does you believe that you have given quite sufficient for your claim to be considered, and attended to.

Remember they have to apply to the court for them to have the order made.

I am sure others will jump to your assistance do'nt worry.

 

sparkie1723

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Looks like there's a few members at a similar level to me......I've not sent off my letter for "Request for further info" yet as I'm waiting for a hearing date from the court.:cool:

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I'm getting bored waiting for something to happen.......reading all the action that's happening to others.....

......So today I decided to pick on Barclaycard........I sent off the first letter (I already had all my statements).

Two on the go and now going to check my LloydsTSB account:D

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  • 2 weeks later...

Been going through some old paperwork today and found some T&C's from 2000 if anyone needs them.

Maybe I can send them to Admin so they can be put on file if anyone needs them.......any interest let me know

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Hi canobeans,

I posted this on Atlantics thread but I,ve moved it to yours.

 

No Banks don't have CCJ's recorded against them, thats because they are a coporate body, CCJ's have to be recorded against " person" and they are not a person, thats another way the law is stupid, some Banks must have 100's of CCJ's against them but nothing happens, if customers could see how many CCJ's a Bank had they would think hey hang on these are the worst ******* of them all and move accounts to one that hasn't got as many, we should all go back to being paid by cash every week and give the Banks a miss......never happen . it was the Banks who came up with the idea of getting firms to pay wages straight into accounts.

 

sparkie

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  • 1 month later...

UPDATE

Got my day in court at the begining of August so just putting together my "court bundle"..........BIG THANKYOU to Bookworm, Lateralus and GuidoT for their help in sourcing the info!!!

 

I've got a few questions though if anyone can help me -

 

1. Do I have to supply Cobbetts with a FULL copy of the "Nichole Rich - Unfair Charges" transcript or can I let them print their own out???

 

2. Do I have to send Cobbetts a copy of my statements.....won't they have them already from RBS???

 

3. Do I include copies of the letters I've received from RBS and Cobbetts???

 

4. RBS have still been making charges to my account should I bring this to the courts notice (if so when?) or will it mean starting another claim???

 

5. Do I have to number all the pages??? .......If so is it OK to number them by pen (ie. not printed)???

 

Any help would be really appreciated, thanks.

 

canobeans

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Canobeans

 

Just giving this one a bump as I need the same information too.

 

Good luck

 

FC

Barclaycard: SETTLED AFTER LBA

Barclays 1: AT COURT

Barclays 2: WITH FOS

Capital One: SETTLED AFTER N1

Egg: SETTLED AFTER LBA

HFC: S.A.R - (Subject Access Request)

Lloyds TSB: S.A.R - (Subject Access Request) - WITH Information Commissioners Office

RBS: AT COURT

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UPDATE

 

Got my day in court at the begining of August so just putting together my "court bundle"..........BIG THANKYOU to Bookworm, Lateralus and GuidoT for their help in sourcing the info!!!

 

I've got a few questions though if anyone can help me -

 

1. Do I have to supply Cobbetts with a FULL copy of the "Nichole Rich - Unfair Charges" transcript or can I let them print their own out???

 

2. Do I have to send Cobbetts a copy of my statements.....won't they have them already from RBS???

 

3. Do I include copies of the letters I've received from RBS and Cobbetts???

 

4. RBS have still been making charges to my account should I bring this to the courts notice (if so when?) or will it mean starting another claim???

 

5. Do I have to number all the pages??? .......If so is it OK to number them by pen (ie. not printed)???

 

Any help would be really appreciated, thanks.

 

canobeans

 

Still unsure about what to do!!

Any help or ideas would be most appreciated!!

Thanks

canobeans

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UPDATE

 

Got my day in court at the begining of August so just putting together my "court bundle"..........BIG THANKYOU to Bookworm, Lateralus and GuidoT for their help in sourcing the info!!!

 

I've got a few questions though if anyone can help me -

 

1. Do I have to supply Cobbetts with a FULL copy of the "Nichole Rich - Unfair Charges" transcript or can I let them print their own out??? Not sure - I thought the summary was sufficient?

 

2. Do I have to send Cobbetts a copy of my statements.....won't they have them already from RBS??? You need to send a copy of all statements that show the charges you're reclaiming

 

3. Do I include copies of the letters I've received from RBS and Cobbetts??? Yes - including those you've sent them also

 

4. RBS have still been making charges to my account should I bring this to the courts notice (if so when?) or will it mean starting another claim??? This is a seperate claim at this stage - you need to negotiate these charges seperately from this claim

 

5. Do I have to number all the pages??? .......If so is it OK to number them by pen (ie. not printed)??? Yes - you need to number the pages as indicated in the court bundle guidelines. Doesn't have to be printed - as long as they're numbered.

 

Any help would be really appreciated, thanks.

 

canobeans

 

Hope that helps a little - try not to worry too much. At this stage, it's doubtful whether the other side will even bother submitting a bundle - if they don't, see here (cobbetts have never submitted a court bundle in a nat west case - I suspect the same can be said for RBoS claimants!). However, please ensure that your own bundle is accurate as shown in the court bundle guidelines.

 

Best of luck :)

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