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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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smalls74 vs natwest ***WON***


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Hi after spending time reading this site i sent my Data Protection Act request on the 5th june, got my statments back last week (I was on me hols) and have worked out the charges to be £1510 (not including interest)

So this week im gonna send my prelim approach letter, i was just wondering if it is worth sending my list of charges then?, or wait to see what happens. Also am i correct in thinking i only request the 8% interest when it goes to court?

matt

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Hi and Welcome Matt

Yes you can send your schedule of charges with each letter that way they can't say they have never recieved them.Yes the 8% interest only comes in when you submit your claim into court

 

keep us posted on your progress :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...

Got my letter from natwest today.

 

Thank you for your letter of 26 June 2006 and I apologise for any dissatisfaction caused by the application of charges to your account.

We believe that our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff, which we are satisfied, complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of our products.

We have considered the Office of Fair Trading's statement of 5 April 2006 and do not accept its findings in relation to the setting of credit card fees. We are concerned that the Office of Fair Trading has publicly called into question the setting of charges applied to other products, including current accounts. The Office of Fair Trading has restricted its investigation to credit cards and made no attempt to consult with the RBS Group or the industry in relation to other entirely different products.

Consequently, against that background, we must differ with the views you have expressed and will not be refunding any of the charges applied to your bank account.

I am disappointed to note that you are contemplating legal action against the bank. Whilst l 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.

I suspect that this is unlikely to be the answer you might have hoped to receive but nonetheless thank you for taking the time and trouble to contact us.

Yours sincerely

Stuart Higley

Customer Relations

National Westminster Bank PLC,

Registered in England No 929027.

Registered Office:

135 Bishopsgate.

London ECZM

 

 

Is this there standard reply now? If so do i go straight to the letter before action or wait till the end of the 14 days before i send it? I think i should just send the LBA now but dont want to jump the gun on this.

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  • 2 weeks later...

Sent my LBA off on thursday 13 july it was delivered on friday 14 july.

Not heard anything as yet (guess its to early at the mo), but just have to wait and see what the reply is (a big fat no from our mate stuart!!)

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Got my reply today! (20th july), it was basically the same letter as before but with an extra paragraph that they have looked at my account and there are no instance where charges have been applied when not properly due ( yes i know BUT its the amount ive been charged is the issue!!) and accordingly the charges must stand.

 

So i guess its the moneyclaim website now!! but do i wait till the end of the 14 days before i start legal action in case i get another letter from them. Or do i just start straight away?? Not quite sure about timings here

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The 14 day timescale between each step is so that (if it ever reached court) you can show you have allowed the bank a reasonable period to settle.

 

That advice stands.

 

Clearly they are not going to settle and some people file immediately. Your choice.

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  • 2 weeks later...

Okay started my moneyclaim today just wondering if i put the total amount plus charges in the particulars of claim box or in the total box? Or is it just the charges and add the interest in the total box? Also do i need to send natwest a copy of this or send them some notification of the situation?

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Yourclaim is for unfair charges plus unfair interest, plus sec 69 8% interest. Add them together, that is what you are claiming. To get the total charges you add the summons isssue fee plus solicitors costs for issueing the summons. Except you are issueing it yourself so its nil. Dont send a copy, the court will do this.

 

Actually, I found that if you use the paper sommons rather than online summons, I would fill out the summons form and send this with a covering letter to the defendant. If you fold it up with the covering letter behind the summons form, the defendant will think they have received a summons. It would take them a moment or two to notice it hadnt been stamped. And your letter would also give it away. Your letter would give them 24 hours, just time to pay you or you issue the next day. Of course the first summons wouldnt be valid as it would be unsealed by the court, so you send the court the duplicates the next day.

Its WAR

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ok right ive finished my moneyclaim form and the claim has been issued on the 01/08

so i now gotta wait 14 days and see what happens. Is there anything i should be expecting from natwest or the court in the next 14 days or is it all behind the scenes??. Also is the start under judgement something that happens at the next stage ie no response from natwest?

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  • 2 weeks later...

Got my Acknowledgment of service on monday (it was dated 3rd august) guess i got 28 days from then, should be about 31 august then. Been reading some of the post who have also got there AoS about this time and some are not from Cobbetts, most of the ones not from Cobbetts seem to have won soon after so are they not bothering to keep you waiting anymore?

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  • 3 weeks later...

About a week to go now before the 28 days (should be 31 august) are up for them to post a defence or whatever. Anyway is there anything worth finding out / doing beforehand im guessing ill get the standard cpr18 request so ive had a look at a few other posts to get some ideas of the next stages.

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  • 2 weeks later...

Got my defence from cobbetts today (sent on the 29th day!) no AQ from the court yet though. Mostly asking me to prove each and every charge with date descrpition and amount ( they already had this) wether it should of been charged etc and to prove that they infringe on the relevant regulations and acts. Oh and of course the CPR part 18 request and to identify the contractual provision i claim are invalid by ref to the UCTA/THE regs. Ive look through other posts and think this seems to be the normal response from cobbetts albeit without them stating i havent giving them my account no. etc. So from here do i wait to get the AQ before i do anything? And is it just a case of sending them the normal dont require to answer a CPR 18 request as small claims will deal with this matter?

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Good question, didn't think of that one. Interesting to note that Natwest only mentioned the charges in their defece and CPR request, and not the fees or the interest. Is this normal?

 

Plutos

SNATCHWEST and NOBBETS no scare me!

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send them this, with your own details filled in

 

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 sincerely

CHRIS WATKINS

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Cheers,

 

So i guess that letter and my original list of charges will be fine. Right off to the post office on friday :D

 

Do you post this to the court and Cobbets?

 

Cheers

 

PL

SNATCHWEST and NOBBETS no scare me!

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well i just sent mine to cobbetts, did wonder about sending it to the court but couldnt see if this was done by anyone else. Also it was cobbetts asking for it, as the court just sent me a copy of the defence etc didnt think they would need it. Not sure if thats right but i can always post it with the AQ when i send it back to the court.

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