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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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Natwest v Webbs Catering ****WON****


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Have posted the letter declining offer today, recorded delivery as usual.

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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Same Here, should get it Monday... If im right to say they can either:-

a) go to court

b) appply for a stay and go to Mercantile

c) pay up

 

So basically we are no where near a finishing line yet, so tactically speaking they can cough up with conditions or drag it out as far as possible. Forcing people into acceptiong payment with conditions......I think!

 

 

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Progress is progress, and they are going to pay us approx 90 pence a day (yes almost a pound!) while we wait.

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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Morning All, nice letter from Cobbets this morning, a copy of their AQ in particular Section G;

 

"Case management directions cannot be proposed until the claiment serves a reply to the request for further information which was due on 20 November 2006. In light of this, the defendant may amend its defence or apply to strike out".

 

Um that nice......what the hell are the on about, I got a special delivery note indicating i have sent them a letter refusing the CPR part 18, so what gives

 

 

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This seems to be a stalling tactic, Kulmeister has received exactly the same this morning with the same date.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/48806-kulmeister-natwest.html

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Im going to fax this letter to cobbets tonight

natwest-bank/35672-cobbetts-cpr-18-request-7.html#post386449

with this added to it;

 

Dear Sir,

I have already replied to your letter which you have received by verification to Special Delivery docket number: ZC187073409GB. I am finding it difficult to comprehend what difficulties you are having to acknowledge this, and to what great lengths you are going to make a mockery of the Fast Track Judicial System by prolonging this case as long as possible.

 

Here is a more detailed reply to your request...............

 

What do you think?????

 

 

 

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I faxed Cobbets last night with a more detailed letter, which i think is a waste of time, but its gone anyway. Should I contact the courts and explain that they have received all relevent documents and they are merely timewasting or leave it?

 

 

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Excellent response, might be worth a phone call to Cobbetts on Monday morning, just to confirm they are in receipt of the info. Log the call, or even record it on your mobile.

  • Haha 1

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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I have the Fax confirmation slip and im going to Special Delivery the originals to them so there is absolutely no excuse as why they have not received it. But your right in view on how they are handling these cases it might be worth a call tomorrow

 

 

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I would send one letter to your manager at your local branch with "CC.Mr.Bank Manager " the reason for this is just a feel good factor as i would love to see them squirm when they read it. and all they will do is send you a basic letter telling you everything they have done is all legal....which is a million miles from the truth.

 

and your intended letter to:-

 

Natwest

135 Bishopsgate

London

EC2M 3UR

 

As for your mortgage "Yes" if they have charged you for missed DD, go to this page http://www.consumeractiongroup.co.uk/forum/bank-action-group-against/

 

find your mortgage company and join that forum. I hope this helps.....Good Luck

 

 

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Im at the final stages of mine, this thread although there is alot to read will reveal the full story, its a rollercoaster ride as you get into it but its exciting because you know you will get your money back. The CAG forum is by my estimate one of the best things on the net at the moment. Take your time on your claim if you get stuck give us a shout im no pro but i can share my knowledge with you.

If you get good advice from fellow members dont forget to click on their reputation scales its a nice gesture.

  • Haha 1

 

 

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  • 2 weeks later...

Hi Guys, got a mletter from the courts a "General Form of Judgement or Order",

IT IS ORDERED THAT

Unless the claiment files an allocation questionaire with the court within three days of service of this order the claim shall be struck out together with the defence to any counterclaim.

 

Dated 06 December 2006

 

Shall i go to court on Monday morning with my court receipt as proof of sending my AQ, as any delays via phone or letter my result in it being thrown out.

 

 

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Don't suppose you kept a copy of the AQ? I sent mine recorded delivery to the court and Cobbetts, I am going to check the Royal Mail website right now to see if they were delivered.

 

Sounds like aphone call and a visit may be necessary on Monday.

Good luck

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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Hi webbscatering

Just to let you know...I've received an official notice to pay all of the o/d within 28 days...22nd december....can they do that ?

The letter has come from lending office in Birmingham.

Also they will pass default notice to credit reference agencies.

I was thinking of sending default template letter to halt the process whilst the a/c is in dispute....what do you think ?

Regarding your AQ form i would phone the court or even let them have another copy asap.

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Did they wish you a merry Christmas as well? Not sure what stage you are at with your claim, however:-

1) The account is in dispute due to your claim to recover erroneous charges.

2) You cannot address the subject of repaying the debt until you know what the debt is and that means resolving the charges issue.

That is my immediate reaction, but I am sure there is plenty of additional information on the site.

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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Hi webbscatering

Just to let you know...I've received an official notice to pay all of the o/d within 28 days...22nd december....can they do that ?

The letter has come from lending office in Birmingham.

Also they will pass default notice to credit reference agencies.

I was thinking of sending default template letter to halt the process whilst the a/c is in dispute....what do you think ?

Regarding your AQ form i would phone the court or even let them have another copy asap.

 

They are not allowed to insist on this while the account is in dispute.......you should inform them of this.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Thanks for advice...I'll post default letter 2moz...but you would think that Natwest should inform the lending centre that my a/c is in dispute..obviously not.

I read on the forum that when the banks about to settle this is a way of scaring you into paying the o/d off.....that's my intention anyway.They also keep applying more charges on a/c.

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Hurray!

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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  • 4 weeks later...

I WON.... thanks guys could'nt have done it without your help, a nice cheque for £4252 arrived last week special delivery. Only picked it up today what a surprise, THANKS CAG, thanks thanks thanks.....etc

 

 

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