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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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Logan V Natwest ****WON****


Logan21
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Hi all

 

Right i think i have got this sorted although not a 100% sure so am looking for someone to confirm this to me.

 

I have so far calculated since Jan of this year that Natwest have charged me £293, now i know i can claim back up to 6 years ago and will do so as i opened my account in December 2003. So to confirm i have to do the following:

 

1) send the DPA letter asking for details of all charges on my account with £10 fee to obtain that info. I Should send this to the DPA office of Natwest which i know the address is on here somewhere.

 

2) If they dont reply within the 40 days i should lodge a complaint for the info

 

3) Once the info has been provided, i then write to them asking for my charges to be paid back.

 

4) If they dont respond or i am not happy that they have not provided a full refund i send them them pre action letter notifying them that i will take them to court if i dont recieve my money

 

5) If still no response i take them to court is that correct?

 

Also i am slightly concerned that if i start to do this they may request that i pay back my overdraft which is currently £1600 and almost maxed out, should i worry about this or is it likly if they do this it wont happen till further down the line?

 

Does anyone have any experience if you have to send the £10 DPA fee to natwest or will they do it without the money?

 

Just wanting to make sure this is correct before i go ahead and do anything

 

Thanks in advance.

 

Andy

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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I sent a cheque for £10 made payable to NatWest to this address:

 

The Data Protection Manager

Retail Regulatory Risk

2nd Floor

Business House B

Gogarburen

PO Box 1000

EDINBURGH

EH12 1HQ

 

Send it recorded so that you can track when they have received it as the 40 days start from when they do.

 

The rest of it is pretty much like that. If you've got any queries which the FAQs dont cover, look thru other peoples threads and then if you cant find what your after, just post in this thread and someone will help you :)

08-05-06 - Data Protection Act sent to NW

08-05-06 - MP letter sent to Oliver Letwin (Cons, Dorset West)

25-05-06 - Statements and Data Protection Act received (14 days)

07-06-06 - Prelim letter sent to S.Higley claiming £1226.03

09-06-06 - LBA sent, due to negative response

29-06-06 - Claim served (Acknowledged 30-06-06)

27-07-06 - NW's Deadline - received 27-07-06

24-08-06 - AQ received and returned - Deadline 08-09-06 - Both returned

20-09-06 - 1st Offer - £850.00 with confidentiality REJECTED

05-10-06 - 2nd Offer - £1456.80 with confidentiality ACCEPTED

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Its funny how inconsistent they are with these 10.00 dpa fees.

 

When I called the Rbs they said I would be charged,but as the account is closed I sent the 10.00 by postal order.

 

It came back today with the letter (I return your chequefor 10.00 as goodwill as one fee covers this request ) ????

 

 

On occasions where the fee has not been sent I have seen them using this point as a stalling technique.

 

Therefore the only safe way to go is to send them the tenner..........if they choose to refund half or all then at least the 40 day clock has started ..

 

:D

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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my only other thing is if i send them a chq for £10 i am gonna get charged as i dont have any money really at the moment. Oh well i guess i can send it then claim the charge back lol

 

Cheers though guys that helps me alot.

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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Yes of course you CAN apply the 10.00 to your claim.

Like I said the general trend seems to be them sending the payment back dunno if they think it looks favourable to them (as they say its a goodwill gesture they are implying they have a right to charge)

 

They do of course have a right to make a charge for duplicate/copy statements but the DPA states that they are only obliged to supply in intelligible form transaction details.

 

Some people have been succesful in obtaining their statements by simply telephoning the bank.

 

So Im afraid you will only know later.

 

To be fair my 10.00 postal order was returned to me less than a week after sending it.

 

It could be argued that a cheque can take longer to process

A postal order is generally considered to be the same as cash (which apparantly they dont accept by post)

 

Best way of course is to have iot taken from the account.....as we all know they are very quick and quite ready to do that regularly !!!

 

lol

 

:)

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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Check my thread out here http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6505

 

it shows how I managed to get my £10 back, don't be surprised if your statements come in a tatty holey brown envelope, just take the unopened envelope to your branch and complain, they'll more than likely refund the £10. If not, then kick up a fuss using the envelope as a visual aid, they'll soon refund you ;)

08-05-06 - Data Protection Act sent to NW

08-05-06 - MP letter sent to Oliver Letwin (Cons, Dorset West)

25-05-06 - Statements and Data Protection Act received (14 days)

07-06-06 - Prelim letter sent to S.Higley claiming £1226.03

09-06-06 - LBA sent, due to negative response

29-06-06 - Claim served (Acknowledged 30-06-06)

27-07-06 - NW's Deadline - received 27-07-06

24-08-06 - AQ received and returned - Deadline 08-09-06 - Both returned

20-09-06 - 1st Offer - £850.00 with confidentiality REJECTED

05-10-06 - 2nd Offer - £1456.80 with confidentiality ACCEPTED

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right DPA letter is going to be sent today.

 

Cheers for info guys

 

Lets get this ball rolling.

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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Ok DPA letter rcd today so by my calculations the lastest date is 15th July.

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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keep us posted :D

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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  • 2 weeks later...

ok chq cashed on 9th June, still no statements.

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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Ok statements recieved today, I am having slight problems calculating what part of the charges are for the Adavantage gold charge and which is the rest

 

Anyone know what the charges where from 19 Dec 2002 - current date?

 

I have added up they owe me £1900 less advantage gold charges, so i reckon about £1700 ish, not including interest.

 

Need to get an answer to this first if poss, and then will start my letter to the co.

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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ok having not really worked out what the deal is with the Advantage Gold chagers i have taken off £9 from every charge at the end of the month because that seems to be the amount they were taking when i wasnt getting charges from them. Unless someone can confirm they have succussfully claimed that back as well?

 

So after that i have £1665.27 including interest on penalties. Now i want to send my pre-lim letter, but what i want to know is, whats the best way to highlight the charges as per the letter?

 

Dont think i need anything else.

 

Andy

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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andy

 

I had similar charges, the ones with a date and the account number on it. I had a look online, and they seem to be Un-arranged Borrowing Fees, they were either £28 or £29 and always happened at the end of the month.

 

I was with Disadvantaged Mould, but I stopped it because I wasn't getting any benefit at all, back in the day it was £6 a month hehehe, but these strange account number charges still come thru even though I stopped the DM service.

 

You wouldn't be able to claim the Gold charges back because (apparently(couldn't see it myself)) they are a subscription to a Premium Banking Service, and not actually a penalty charge.

 

The best way to highlight the charges are to either use the spreadsheets in the bank templates library, or just write them down in date order, stating date, type of charge, amount etc...

 

hope that helps

 

Bandit

08-05-06 - Data Protection Act sent to NW

08-05-06 - MP letter sent to Oliver Letwin (Cons, Dorset West)

25-05-06 - Statements and Data Protection Act received (14 days)

07-06-06 - Prelim letter sent to S.Higley claiming £1226.03

09-06-06 - LBA sent, due to negative response

29-06-06 - Claim served (Acknowledged 30-06-06)

27-07-06 - NW's Deadline - received 27-07-06

24-08-06 - AQ received and returned - Deadline 08-09-06 - Both returned

20-09-06 - 1st Offer - £850.00 with confidentiality REJECTED

05-10-06 - 2nd Offer - £1456.80 with confidentiality ACCEPTED

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OK thanks Bandit, i have checked online and I cant find anything about the fee on my account at all, I think i may submit it with these charges on there then because there is no where on my statement that shows as Advantage Gold payments etc.

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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OK Pre-lim going tomorrow Recorded delivery,

 

Here we go then.

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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ok reply recieved already standard stuff from Mr Higley

 

Should i wait 14 days or go ahead and send my LBA?

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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If they have made it clear they arent gonna budge then send the LBA

They have already replied to your prelim which points out what you expect them to do...............and what your proposals will be.

 

 

:)

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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  • 4 weeks later...

Ok Moneyclaim done this evening. Am i right in thinking that if it gets accepted i have to pay another £100 as well in costs?

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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You will have to pay a £100 fee when filing the allocation questionaire, but only if your claim is over £1500. The court will send you the AQ after they receive a copy of the defence. When you return the AQ you will get a date for the hearing, and it appears Nat West will settle before the hearing.

Its WAR

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Ok Moneyclaim done this evening. Am i right in thinking that if it gets accepted i have to pay another £100 as well in costs?

 

 

If they file a defence then you will have to pay the 100.00 for the allocation questionaire.

They have 14 days to file after the claim is acknowledged.

 

The 100.00 of course is recoverable.

 

Good to see you have done so well so ....last hurdle now.

 

:D

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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Thanks Martin

 

Ok they have acknowledged the claim, so they have 14 days to file a defence I am assuming. I am guessing i will get the standard letter from the Sols (Cobbets or whatever there name is) trying to stall, so may post up on the forums for help.

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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Their next move could be 1 of about 4 things.

Pretty predictable in that whatever they do ......we will have seen before !!

 

Any problems just shout out

 

 

:D

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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  • 5 weeks later...

As i thought, I have recieved the standard thing asking for Further Info and Defence. I have heard read, can i just ignore the Further Info part or what. Also as of yet Money Claim hasnt been updated.

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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Seems there are a few of us at the same point I wil lbe sending this back, but AFAIK you don't have to.

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

*date)

 

Dear Sir or Madam:

 

Claim No: xxxxxxxxxxxx

 

 

I acknowledge receipt of your defence & request for further information and clarification.

 

I anticipate that the claim would 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: xxxxxxxxxxxxxxx

 

Account numbers: xxxxxxxxxxxxxxxxxxxxxxx

 

Sort Code xx

 

Amountxxxxxxxxxxxxxxxxx

 

 

Yours sincerely

 

xxxxxxxxxxxx xxxxxxxxxx x x

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi

 

Yes might use that, I think i will add a bit along the lines of which, "your client, the defendant has also been made aware of both the account infomation and of the charges on two previous occasions, of which you should have access to".

 

Also are you going to send a copy to the courts?

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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