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    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
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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
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    • 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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HSM v Natwest ***WON with compound int't and Stat'y Int't at Contractual rate***


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I CCAd Natwest Card Services on 29th September, and finally got a response in the post today....

 

After a particularly tough monday, the contents of their letter gave me a good chuckle, particularly the bit where they say despite having lost the agreement it still remains valid.

 

Oh well - account into dispute letter, accompanied by a claim for unlawful charges plus compound interest at the contractual rate.

 

Funnily enough, i fully intended paying the outstanding balance less my charges claim, but seeing the condescending tone of their letter makes me think 50p in the £ might be all they are getting from me.

 

http://i816.photobucket.com/albums/zz90/Still_surviving/Access/Natwest261009.jpg

Edited by Still_surviving
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  • 4 weeks later...

Having written and placed my account in dispute, I received the enclosed letter today. Standard stuff I know, but it did make my blood boil to know that they obviously havent read my letters properly - they think they are writing to some claims company i guess, and apparently ive had a sex change...grrrr

 

Gonna fire off a suitable response today, and remind them that the vast part of my outstanding account is made up of unlawful charges and compound interest thereon. The first letter requesting repayment of this has been ignored.

 

http://i816.photobucket.com/albums/zz90/Still_surviving/Access/Natwest011209.jpg

Edited by Still_surviving
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  • 2 months later...

Quick update - have been away and not attended to this matter recently

 

Upon my return, noted that Truecall fended off some 47 calls from collections, though they have not seen fit to respond to my original letter reclaiming the charges/interest unlawfully applied to my account.

 

Drafted and sent a 14 day Letter Before Action - awaiting response.

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  • 3 weeks later...
  • 1 month later...

Update:

 

Natwest have now terminated my account (see below), which surely must be unlawful, given the fact it was seriously in dispute owing to non production of CCA and a legal claim on my part for in excess of £1000 in unlawful charges (ignored now three times).

 

http://i816.photobucket.com/albums/zz90/Still_surviving/Access/Termination220310.jpg

 

Account has now been passed to Triton, who will be getting a somewhat curt, 'go away' letter.

 

http://i816.photobucket.com/albums/zz90/Still_surviving/Access/Triton070410.jpg

 

Im amazed at the lengths NW will go to despite having no leg to stand on, as they have admitted to having no paperwork. Not fussed, as Truecall blocks their numerous phone calls.

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  • 4 months later...

I took my eye off the ball for a little while here, whilst trying to sort out other parts of my financial situation. I realised that I had not followed up my LBA, but I figured that as over three months had elapsed, I should give them one further opportunity to respond. Yet again they have completely ignored me - not even a 'go away your claim is wrong' type letter.

 

I am now going to issue proceedings, but would welcome clarification on one matter:

 

As they have terminated my account when over 40% of the balance shown on the DN was unlawful charges/interest, I take it I was correct to accept their Unlawful Rescission of Contract? If so, are they still within their rights to apply any refund of charges/interest directly back to the account?

 

Opinions would be welcomed - thank you :)

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  • 2 weeks later...

LOL!

 

Finally, after ignoring me for nine months, they have responded and offered the princely sum of.....£51

 

This is the difference between the default sums charged and £12, plus 8% interest.

 

Oh well...at least I have an account managers name now - time for yet another letter

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  • 1 month later...

Oh well....progress of sorts.

 

They have now responded by offering all the charges plus 8% - still not acceptable. If i give them another 14 day LBA am i being too accomodating, given that it will be the 3rd after them having ignored me for best part of 8 months.?

 

I am also stating that I will not accept this refund being credited to my account. Given that they terminated my account whilst ignoring my charges claim, and given that they openly stated they cannot find any CCA for me, surely I am within my rights to demand repayment to me by cheque?

 

I am happy to press on to court stage, I just dont want judge to think i am making unreasonable demands.

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Hi SS - looking in as asked.

 

Have you claimed interest in restitution at the a/c's cash advance rate and set out the charges and interest on a SOC for them.

 

I see no reason to mess around any longer, given their failure to reply on so many occasions. File your court claim on form N1 without further delay.

 

Send them a rejection letter for their latest offer and say no more ........ the court papers will tell them all they need to know.

 

What's the approx a/c balance and what is your reclaim figure including compound int't.

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Yes Ive claimed compound interest in restitution, and set it all out in very neat schedules at the end of July and August showing updated interest figures.

 

The balance when they terminated it was just shy of £3000, the claim as last submitted was £1350, if it gets filed at court another £350 goes on for the statutory 8%

 

The reason Im so miffed and want the charges paid back to me and not credited to this account, is that they ignored 3 registered letters and terminated the account whilst it was in clear dispute. They cant argue it wasnt in dispute as I have their letter stating they have no CCA from before i even filed my first request for charges to be repaid.

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If you file the claim, they will probably have to pay you direct to settle your claim.

 

However, this will still leave the balance of £3K owing to them and they'll continue to pester you for it. With no credit agreement, they should be unable to win a court claim although nothing is certain these days. It'll down to the judge on the day and how well you prepare your defence.

 

I don't know how readily Natwest take their cases to court and, in the meantime, you credit rating will be trashed (if not done already).

 

Re your comment about 8% Stat'y Int't being added when the claim is filed, I'd say you shouldn't add this if you're claiming int't in restitution.

 

8)

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  • 3 weeks later...

Received quite a stroppy letter today from the latest 'customer care advisor' to play letter table tennis with me....

 

http://i816.photobucket.com/albums/zz90/Still_surviving/Access/Natwest141010.jpg

http://i816.photobucket.com/albums/zz90/Still_surviving/Access/Natwest141010a.jpg

 

It really pees me off when its clear they havent bothered to read my previous correspondence ie -

 

(a) They refer to 'my client'

(b) They tell me I cant claim 8% stat interest until i file at court...well duh, thats why I havent

© They lecture me on how they are only obliged to repay the purchase interest charged to the card. Not when Im making

a claim for unjust enrichment they arent....

 

Really peed off that after a year of being ignored, and treated like muck, they want to lecture me. I guess if i was a seasoned

litigator, it would all wash over me lol....

 

Going to fax a letter over tomorrow, saying do this or we go to court. Cant be bothered with any more recorded delivery letters.

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Hi SS,

 

Given their response, you'd be within your rights to file a court claim without further warning.

 

If you want to try another letter, do so but I doubt they'll agree to refund the interest in restitution voluntarily.

 

8-)

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  • 3 weeks later...

Having faxed over the letter as I stated I would, Ive had a response thats had me so fuming, Im going to spend this weekend drafting my POC without any further dithering on my part.

 

Basically, some half-wit has replied to me as if I had written to them for the 1st time - offering the same £51 they did in August. If ever you wanted evidence that Natwest dont keep notes, or dont bother to read them - this was it.

 

My own stupid fault for not having issued proceedings weeks ago.

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Hi SS,

 

Make sure you're happy about the interest in restitution before you finally send in the claim.

 

Best to get it right from the outset.

 

8-)

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  • 4 weeks later...
  • 3 weeks later...

Received details of my court proceedings - Natwest have until 31st December to respond.

 

Am suing them for all charges, restitutionary interest at the contractual rate AND judicial interest at the contractual rate.

 

They terminated my account despite me placing the account into dispute for them totally failing to supply ANYTHING in response to my CCA request (they said they had lost my papers) and then ignored my letters requesting that my charges be repaid.

 

If nothing else, they are going to have to pay up, or give me my day in court.

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Hi SS,

 

I have said before I am not happy about you claiming int't in restitution AND s.69 int't, BOTH at the contractual rate.

 

I have said you should go for int't in restitution but the court may consider seeking s.69 int't on top to be incorrect.

 

However, on the basis that you will try and settle before a final court hearing, this can be discussed as past of settlement negotiations.

 

:-)

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Ahaa,

 

I am well aware of Noomill's successes. With the benefit of his advice and input, I look forward to changing your thread title to **Won** in due course.

 

:-D

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