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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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Fully Paid Up And Settled...


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Hello. Sorry if this is somewhere else (I have been looking all morning!) but I would like to clarify the 'NatWest situation'.

 

- Is NatWest the type of bank to usually make you at least get to the filling in the court form stage?

 

- at what stage do most of you NatWest guys get your money back?

 

Many thanks.

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Hi Razor

 

You need to keep reading.................!

But as your a newbie your quite within your rights to be a bit dazed and confused!!

Yes, Natwest like to fight back but they always lose. Look at the 'survey results'

and look at the survey categorys on 'survey' Totally different page?! to see the average stages at which the banks returned their ill gotten spoils!

There are no hard and fast rules each case is different but they will try to scare you off.

I've sent my DPAs of recorded delivery last week and the post office say they havnt recived them yet. first class???

Keep reading the FAQs and all the threads particularly the NW forum to get a feel.

Just so you know where to start, read Mountainof Debts 'have I opened a can of worms' she got back over 2k on saturday also rbrears thread, he got back 4.5k last week.

Any q's or worries, post them here on your personal thread, which as the weeks pass will act as a sort of diary, you'll get loads of support and advice along the way.

 

kate:)

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Hi - many thanks for the reply.

 

Just wondered what DPAs are? I have tried to follow most of the steps. Found out the amount im owed, asked for it back (twice), letter before action etc and am now at the moneyclaim stage. just wondered whether natwest really take people to court i guess!

 

And when you fill in the moneyclaim site, what address do you put for natwest? i am assuming its the bishopsgate london address at the bottom of the correspondence....

 

Sorry!

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dont worry

you are way beyond the stage of dpa's. Data Protection Act subject access request letters are sent right at the start if you have lost some or all of your statements. it's a way of getting your data held by the bank about you.

 

sounds like u kept your statements and know what they owe you.

 

have u used Vamp's excel speadsheet to calculate your 8% apr as its going to moneyclaim? if not u need it. it's in Bank Action Group templates (green coloured) Click Consumer Action Group (top of page in blue) scroll down to the green bank templates section and have a look. V Imp part of site!!

 

Kate:)

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hi. as i said im knew so no laughing if this is a stupid question (because I belive the original article never made this clear)...

 

is it just the charges for returned cheques and unauthorised borrowing that we can claim back or can we claim back the interest on these overdrafts, which seems to be a good £20 a month?

 

thanks.

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Hi Razor

 

you can claim back the unauthorised overdraft interest but it is quite tricky to differentiate normal interest and unauthorised. it can really mount up though so if you're feeling mathematical, have a go.

Don't forget if this winds up at the MoneyClaim stage you also add 8% apr on top. There are spreadsheets for this in Bank Templates (green)

Do some reading up on interest from other peoples threads to get more details on how to calculate.

good luck

kate:)

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the interest you can claim back from your overdraft is only the proportion of interest incurred by those charges though, and at the rates that applied at the time the interest was cahrged.

 

You would need to know what the interest rate was at each point from the time the charged was levied, and how much of the your overdraft interest was due to charges and how much was due to being overdrawn without their help!

 

It can mount up in some cases, but I think most people would drive themselves mad trying to work it out.

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Barclays:claiming £908. Defence filed

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mahala, katesage, razor25 et al,

 

Am I missing something here?! Working out the interest you've incurred as a result of the bank's unlawful charges is pretty straight-forward assuming: (1) You've got all your statements to hand; and (2) You use Vampiress' spreadsheet(which you'll find in the bank templates section).

 

This being the case, you merely need to key in the figures and the spreadsheet does all the work for you by calculating what proportion of any interest you were charged was attributable to unlawfully levied charges.

 

My charges added up to more than 4k and, using the spreadsheet, I was able to calculate that I'd incurred another £600 in interest as a result of these charges - which, of course, I added to my claim! ;-)

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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hi fred

 

the interest you are talking about is the 8% the court allow you to add on for not having had the money in your account.

the interest razor is presumably asking about is the interest rate they charge u for unauthorised overdraft use. ie mine went from 2.3?% to 29.4?%.

thats why its difficult, plus u also have to work out which part of said overdraft is caused by the charges going out. tricky..... i left it off because my brain couldn't cope! correct me if i'm totally wrong anybody!?

k

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Kate,

 

Sorry but you're totally wrong! ;-)

 

The 8% interest added when you get as far as a court claim is another thing altogether.

 

I don't know if you used Vampiress' excellent spreadsheet when you were putting your claim together but if you did it will, as I've said, work out the amount of interest you've incurred as a result of unlawful charges.

 

Take a look at...

 

http://www.bankactiongroup.co.uk/TEMPLATE.xls

 

... if you fill in columns g, h and i then the spreadsheet does all the work for you!

 

Moreover, you're confusing the issue unnecessarily when you start worrying about what rate of interest you might or might not have paid.

 

Let me give you an example; say, in month one you incurr £100 of bank charges. If at the end of month two, you find you're still £100 overdrawn and as a result you've paid £20 in interest then you can ask for that money back as it's entirely down to the unlawful charges. Similarly, if at the end of month two you were £200 overdrawn, only half of which was attributable to unlawful charges, and you paid, say, £30 in interest then you could reclaim 50% of it.

 

Don't worry abouth the maths, the spreadsheet does all the work for you - just as long as you can input your balance at the end of every month and the amount you paid in interest.

 

Hope this makes things a bit clearer?! ;-)

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Hi Fred

Thanks for that! I'm blushing at my ignorance!!

The reason I'm getting thrown is cos although i've incurred alot of charges the interest amounts are usually only about £2 a month.

I've just done the spreadsheet, apart from owt else to get my head around it!!

I've done 2001-2004 thus far and the interest has totalled about £28.00, is this cos i wasnt going way overdrawn (average £150-300 over).

Your total of £600 interest due threw me cos my 8% interest comes to about that (if it gets that far, dont worry i'm not counting it now;-) !)

Hope i've got this right now?

grateful kate x:)

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  • 4 weeks later...

Daily mail article? What was it about?

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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.

.

.

Sign the Phil Whitmore petition: http://petitions.pm.gov.uk/PAYUSBACK/ :)

 

 

Abbey Current Account claim for charges £1307.11

 

26/01/07 Awaiting court date

25/01/07 Courts lost my file!! Said it will be sorted soon

23/11/06 Defence recieved from Abbey

20/11/06 Statements a full 6 years received

16/11/06 AQ completed & submitted

30/11/06 Claim number 6SQ06250 recieved from courts

24/10/06 Claim submitted to courts x3 copies

21/08/06 Prelim letter asking for it back, sent to Pam Speed. 14 days up 05/09/06.

21/08/06 Data Protection Act non compliance letter sent. 7 days up 29/08/06

11/07/06 Reply to Pam Speed Data Protection Act fob off letter.

10/07/06 Data Protection Act fob off letter received from Abbey. dated 06/07/06.

29/06/06 Data Protection Act statement request sent

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.

.

.

Sign the Phil Whitmore petition: http://petitions.pm.gov.uk/PAYUSBACK/ :)

 

 

Abbey Current Account claim for charges £1307.11

 

26/01/07 Awaiting court date

25/01/07 Courts lost my file!! Said it will be sorted soon

23/11/06 Defence recieved from Abbey

20/11/06 Statements a full 6 years received

16/11/06 AQ completed & submitted

30/11/06 Claim number 6SQ06250 recieved from courts

24/10/06 Claim submitted to courts x3 copies

21/08/06 Prelim letter asking for it back, sent to Pam Speed. 14 days up 05/09/06.

21/08/06 Data Protection Act non compliance letter sent. 7 days up 29/08/06

11/07/06 Reply to Pam Speed Data Protection Act fob off letter.

10/07/06 Data Protection Act fob off letter received from Abbey. dated 06/07/06.

29/06/06 Data Protection Act statement request sent

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Hi. Just wondered what the general theme is regarding NatWest's reaction towards these claims. I have just heard from Moneyclaim that they have just received a response/defence from NatWest (which I will receive soon).

 

Have most people who have reached this stage received a defence and if so, what happens then?

 

(ie does it mean trouble?!)

cheers

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NatWest have issued a defence, which i should be receiving within a day or two. is this normal and if so, what happens now?

 

thanks.

 

Sorry replied to your reply on my post!

:p MY POSTS ARE MY OPINION ONLY...IF IN DOUBT TAKE PROPER ADVICE...I'M JUST CLAIMING TOO !

 

NatWest SETTLED IN FULL 25/08/06

Capital One settled in full 12/10/06

LTSB prelim letter sent 25/08/06

LTSB standard prelim response received 02/09/06

LBA sent 15/09/06

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Hi Razor,

 

This is standard, you'll be getting a letter from their solicitors requesting more info & and an Allocation Questionnaire from the court in the post.

 

It seems they may offer part payment once you respond to their request for more info, you then may have to file your AQ, but they seem to settle after this. (I'm only at the 'received part offer' stage, so hoping I'm right that my big juicy cheque is on it's way!)

 

Good luck and no need to worry, quite a few of us in this boat at the moment!

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I didnt even get that far although it was a small amount. They said they were going to defend and then 2 weeks later sent me a cheque.

Successfully claimed £620 from MBNA

Successfully claimed £350 from Natwest

Assisted other half to claim £820 from Barclays

Helped a friend claim back approx £250 from Halifax.

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phew. ok, thanks guys. when you get a mo, could someone point me in the direction of where the advice on the questionaires is please? of course, just let me know if i have to look through the cases.

 

thanks again, very relieved.

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despite my worry last week and defence issued by Natwest, I have received a letter this morning saying it is not 'viable' for them to defend the case. so i have won!

 

yipee. many thanks to everyone at the site and to everyone who posted to my questions. i will now donate a little to the site then its off to tesco at lunch for a crate of beer.

 

good luck to the rest....

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