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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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tumble v natwest lifting of stay


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Hi Tumble.

I have asked the team if we have this available yet.I think its simply a case of using an existing stay removal draft and simply adding in the information relating to the Judges decision, that pre 2001 charges in the case of NatWest WERE penalties.

I think also it should be supported with the wording of the Judgement attatched to the N244.

 

As regards the POCs of claim,I see there was one done in late 2007 that took into account the newer terms and conditions that NW introduced.

 

here is the link to that;

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/118013-new-poc-NatWest-business.html

 

I think your account relates to 1999 ?

I will see if I can find the terms and conditions for that.

 

 

Also-it may well be worth contacting Cobbetts to see if they are prepared to consider settlement in light of this ruling to save further costs.

Though naturally,it should not be seen as a bargaining point -which Cobbetts may try to take advantage of....I would put something in writing to say you reserve the right to make it available to the Court later that you further engaged in dialogue to try and reach settlement,to save costs and further Court time.

Edited by MARTIN3030

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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ah ok.I think I might know why.

I just realised also about the POCS-which I am aware of in your case.

It may be a sensible idea to address that first.

I will have a word with other team members and get an opinion.

I have a couple of ideas for a plan of action here.

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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Soz I have been doing some of my own stuff for most of the day-I will have a look now.I am online for the night (nothing changed much there ) :rolleyes:

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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Arr thats allowed :) I have pm d bankfodder just to give you a break !! His box full though.

Been trying to find a thread on any credit cards or loans that have been paid off then later reclaimed due to cca flaw or no agreemant not had much luck tho :(

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I have sent you sms !!

 

Can you confirm the dates to and from that you want to claim with NW ?

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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Ok good.I have had words with Marc (Bankfodder)

I will draw up something for you tonight or in the morning.

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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  • 2 weeks later...
  • 7 years later...

Tumble is still looking for help with Natwest who have refused to help with packaged account refund, stating limitations act.

 

Can anyone assist ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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The OP tumble will have to post here and update his last posting of 8 years ago.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Hi All ,

I posted on site re other issues but now I'm back at loggerheads with Natwest.

 

 

I claimed some fees back for a couple of friends with ease .

 

 

My account goes back to 1986 ,

fees kicked in 2000.

 

 

I've had my case looked into twice.

 

 

My first complaint was sent March 2016 after spotting it on TV about mis-selling.

 

They stated that due to leaflets being sent out in 2009 and 2010 that I should have been aware.

 

 

Obviously I have no recollection of this literature and I 100% was told during the bank charges reclaim when querying these fees that there where no other non fee paying accounts available to me .

I even have the bank managers name documented.

 

 

I have sent Natwest a SAR and a LBA .

 

 

I have been advised that the ombudsman is not withholding complaints where limitation has been applied and Natwest are allegedly totally relying on this by using limitation.

I am preparing a POC .

 

 

Back during the BC reclaim I won at a hearing to have a case heard to challenge the LA act using sec 32 c

- the judge was keen to hear the skeletan argument .

Natwest paid before the hearing on my charges beyond 6 years.

 

I am preparing my case and would like some assistance preparing a POC which is relevant ,

I have no legal background , just tenacity and the ability to read.

 

 

This site was invaluable in the past with spreadsheets , templates and some clever people.

Just could do with assistance following procedures to refresh and help with a POC .

 

Do I mention LA in the POC or let them at defence stage ? any assistance or thoughts .

 

 

Through my reading I understand that should this LA be challenged that bank charge reclaim would re-open if it was incurred by another bank charge or mis sold bank product

- we know how things can snowball and impact on other outgoings .

 

Thankyou for reading and hopefully some positive feedback ��

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" Do I mention LA in the POC or let them at defence stage ? "

 

I dont understand the above tumble whats a "LA " ?

 

I have noticed from your viewing activity that you have not even looked for other similar threads on the forum....we will advise/assist but you have to make a start and put some research in yourself.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Limitations act. Natwest are refusing to deal stating that the claim is subject to LA.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Of course ...doh! Long day too many posts:roll:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Andyorch I have searched the site , I don't know how you monitor what I've searched but it would appear to be flawed. Is it a case of do more homework before I post ? Direction to the relevent posts would be more helpful .

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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