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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
      • 160 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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AdamandI Vs NatWest * * WON * *


adamandi
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I've kept relatively quiet on here whilst absorbing all the information and serving the banks with all the letters – But I thought you’d like to know that NatWest may be struggling to cope with the influx of refund requests…

 

I sent Natwest the first letter requesting a refund and they wrote straight back saying they'd "respond within three weeks" (which was one week longer than I had given), they also said they'd write if there was going to be a delay.

 

Their own deadline came and went and they didn't respond! So I wrote again (LBA), this time giving them 7 days to respond. I followed it up with a phone call to ask why they had breached their own deadline… they blamed workload.

 

7 days passed (today!) and this afternoon I got a call from a ‘customer services manager’ apologising profusely for the delay and informing me that STUART HIGLEY (lol) had written to me personally and it was in the first class post.

 

The guy on the phone was very pleasant and we had a long chat (without prejudice), he said that they had received ‘literally thousands’ of similar complaints and blamed the OFT’s statement for the rise adding that they had only commented on credit cards and not current accounts.

 

He later added that they were waiting to hear the OFT’s next statement and expected that they would lay down new guidelines on future charges

And veto claims on old charges.

 

He also said that the letter headed my way was probably not what I wanted to hear but that it would “allow me to take it to the next stage”. I joked that we both new what each other's next 4 moves would be... he just laughed and reiterated that the letter was on it's way... An admission perhaps?!

 

By the way... with interest they owe me £3263.21 (all from University) Money Claim ALL DONE! I still bank with them too.

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Hi and welcome, you seem well clued up as to what to do ...which is good ....keep us informed of your progress. One thing to remember though it is your claim and you dictate the time schedule not them, as a cautionary note I would open another account with a different bank just in case they decide they are going to close this one

 

Mechs

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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I've just read a few postings about the state of the envelope that NW bank statements arrive in. Mine too were re-packed by Royal Mail after arriving in a cheap (torn) and unsuitable brown envelope!

 

Surely they're not so desperate that they have to tear the envelopes in the hope it'll come apart in the post and delay your claim?

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Your joking, I would like to get information from the bank on security of sent items in the post and if they are leaking in the mail would persue if this was a breech at their end if the envolope was unsuitable as it is OUR PERSONAL information in the post leaking! Keep us updated.

Oli

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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I have my 'personal letter' from Stuart Higley... It's basically a personalised paragraph apologising for the delay and then all the standard stuff about the charges being completely legit and that they won't refund. Plus 'they do not accept' the OFT's findings and make it clear that they were referring to credit cards, not current accounts...

 

I wrote back to Mr Higley today:

 

Dear Mr Higley...

 

...Thank you for you letter of 10 July. I appreciate that you have had to do some extra investigation into the particulars of my complaint, but your complaints procedure (and your letter of 16 June) clearly state in that instance you should have written to me by 30 June to explain the delay.

 

In response to your comments regarding the OFT’s statement; As I understand, it isn’t relevant whether you accept their statement or not. It would be naïve to assume that by using credit cards as an example the OFT weren’t planning a blanket policy on punitive charges across all financial products and services.

 

I think the future of their findings and recommendations is easy to predict and I imagine your standard letter template is simply an attempt to deter claimants from taking their cases further.

 

I have made all reasonable attempts to settle my claim for the unfair charges to my account with you directly. It is with regret that, further to your refusal to refund them, I confirm my court claim has been submitted and served to your registered office...

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Sounds great ! - Keep us posted :D

 

Embleton

Parachute Deployed !!! :-D

Data Protection sent to Barclays - 04/07/06

Reply from Pete Townsend - 06/07/06

Statements received - 12/08/06 - Claiming £200

Prliminary Letter sent 27/09/06

Reply from Martin Bennett 03/10/06

LBA sent 16/10/06

Partial settlement offered 25/10/06

MCOL Claim 04/11/06

 

OH NatWest Credit Card - Paid in full

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I personally wouldn't send the letter , if you are still going to I would take this part out ' As I understand,' as it comes across as your not quite sure , when in fact you are .: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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  • 4 weeks later...

*Update*

 

Cobbetts have filed a defence with 7 hours to go! Boooo

 

I'm quite looking forward to going to court though.

 

Does anyone know how long it takes to get a court date? and how far in the future they tend to be?

 

...Adamandi

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*Update*

 

Recieved defence from Cobbetts and Allocation Questionnaire from the court...

 

The Cobbetts document is about 8 pages long, with a CPR Part 18 request. Sounds similar to the response everone else has been getting. They said I haven't supplied details of the accounts and that made the claim invalid or something. Frequent use of 'without prejudice' too.

 

Do they think we're all stupid?

 

...Here we go!

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  • 2 weeks later...

I spoke to Stuart Higley on the phone today... I don't know if that is normal.

I called the Borehamwood call centre and asked for him... they just put me straight through.

I have to say, he's a thoroughly nice guy!

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  • 2 weeks later...

So you have won?

 

CONGRATULATIONS!!

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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NO!!!

I haven't won.

They have refunded the charges OUTSIDE the parameters of my MCOL claim... I'm still waiting on the county court (who have had both allocation questionnaires for nearly two weeks.)

How weird is that? has anyone else had that?

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  • 2 months later...
:cool: Cool.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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CONGRATULATIONS:)

Son v Halifax settled in full £292

Another son v Halifax settled in full £30

Bigmama59 v NatWest settled in full £4739.69:)

Son v Halifax 2nd claim settled in full £130

Bigmama v Halifax settled in full £1125

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I am in the process of giving NatWest 7 days to pay up or put in a court claim, I have had an offer but told them it was not enough, Anyway my point is taking one of the posts writted here about the way Natwest send out the statements. I originally applied for details of 6 years charges on two accounts, I recieved half the statements for one account in a battered envelope which had been repacked by the post office in a clear plastic envelope. the next half came in another torn brown envelope with everything hanging out and as the post man handed them to me he said that "I should sue Natwest for breech of privacy as anyone could have read these". The second account statements came in one envelope which was also damaged and had again been repacked by the post office. I wonder if there is a breech of the privacy laws here as the banks make a big thing of taking care with your account numbers etc but in my three cases anyone could have read my account details between the bank and my home address. I would have thought that a stronger padded envelope would have been more the thing also a compliment slip would have been more proffessional.

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