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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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I'm So Scared!!!***WON***


amelia
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hi nat thanks for replying!!! I have managed with hags help to sort my spreadsheet out, I was losing sleep I was in such a muddle!! so fingers crossed its ok however hoping to send it off tomorrow as never had time before now as busy with work and all. Thats 1 big claim you are going for will you have to split that for small claims court or are you going for the lot at once???

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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hi nat thanks for replying!!! I have managed with hags help to sort my spreadsheet out, I was losing sleep I was in such a muddle!! so fingers crossed its ok however hoping to send it off tomorrow as never had time before now as busy with work and all. Thats 1 big claim you are going for will you have to split that for small claims court or are you going for the lot at once???

 

Glad you've got the spreadhseets sorted. I have a lot of fun with mine, now, trying different interest rates and stuff!

Difficult to say whether I will split the claim and i can see myself having a sleepless night!

I've definitely discarded the idea of trying to split it by time - it's too artificial and they'd just know i was coming for the lot. But I have seen that someone else (whose name escapes me) has split the claim by type. That may work - card misuse fees come to over £4K but less than £5K, as do the rest. I was in the chatroom earlier and was advised to do the lot in one go. Bit scary - it goes on 'fast track' to the County Court, it could take a while and there are more potential costs. It also gives Cobbetts a bit more latitude to b*gg*r about. I shall (try and) sleep on it!!

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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  • 5 weeks later...

hi guys!!! neva posted for a few weeks been so busy with work and all:( however I have been carrying on with my claim and just received in the post this morning my GET STUFFED letter, think its just 1 of the same info u guys are getting or have had in the past!!! you know the 1 saying that the charges are fair and reasonable and they are doing nothing wrong blah blah. so now moving onto next stage oh thats another step closer to court oh no feel sick thinking about it but must be brave I will keep you updated and any help would be appreciated!!!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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I assume that the reply was to your preliminary letter, in which case once the 14 day deadline is up you can proceed with the LBA, remember to send a copy of your schedule again.

Try not to get yourself worked up about court, you're a long way off that yet, not that you'll ever have to attend court. Just send your next letter, sit back and wait for the usual response.

Keep us posted!!

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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  • 1 month later...

hi guys, I havent had a chance to send LBA yet as been so busy over xmas with kids, however ready to send it today but looked in templates at LBA and at the start it says about been disappointed about not receiving a reply from last letter but I did get a sod off letter so shud I just alter it saying I am disappointed with the outcome of your last letter?

cheers guys!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Yes, just alter the letter accordingly. It is important that you stick to the 14 days, in other words be prepared to go legal in 2 weeks, it is highly likely you will have to take that step.

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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thanks ataction! I'm not sure if I shud send my LBA to stuart higley like my last letter or shud I send it somewhere totally different??? Also I will send my spread sheets again with this LBA however my spread sheet has the date up till september on and I have received more charges on my acc since I made my spreadsheet so should i put them on now or shud I wait till I get to court stage? many thanks

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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  • 2 weeks later...

hi guys!! sent my LBA letter off to stuart higley on the 05/01/07 and I have received a letter off him this morning thanking me for my letter and they are considering my claim and they will be back in touch as soon as possible!!! Does every1 get this letter? Should I wait for the 14 days to be up and if I have heard nothing should I proceed with my court action?

Thanks guys!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Yes, it seems as though this is the latest ploy from dear 'ole Mr Higley and his team. Gone are the days when a somple 'bog-off' letter was sent...ah, the good 'ole days!!!!;)

Yes, amelia, wait the 14 days, and then hit them with the next stage. You are in control, time is in your hands not theors, and don't forget that.

Good luck.

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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thankyou muggins!! I will read up on filing a court case cos it all seems so complicated and i dont do complicated well :confused: , I mean I lost nights sleep and that was just with the spreadsheets so i must get organised!!:D

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Me too, but on reading when I actually post most of my threads, I dont sleep anyway:p

Nothing wrong in thinking ahead, that's wot I say;)

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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if you go to your local court to file a claim do you have to fill the forms out by hand or do u do them on comp? because I have been looking through the templates in libary about filing in court but my computer wont let me open any of the court form templates so i cant get an idea of what they are like if that makes any sense!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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If you choose to go direct via your local court (as have I), then you do not need to hand them in, posting is allowed:)

 

Of course you can hand write them, but once you've given your computer a hefty kick and it is beginning to play nice, then it is much easier to meerly copy and paste the templates onto the court forms via their website. The only thing is that you are unable to save any of the completed forms onto your computer. you will need to ensure that you make enough copies usually three (one for you, the court and cobbetts).

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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thanks muggins, you were right about giving comp a kicking cos its fine now!!

Anyway I sent my LBA and the 14 days are up very soon so I want to have everything ready however there has been more charges added to my account since I started my claim, so I am not sure when to add these other charges on? Can I do it on my form I send to court?

many thanks guys!!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Yes, you can add any extras up to the point that you file a claim with the court/mcol. Simply add them to your schedule.

Please note that once you have filed your N1 claim form, you can no longer update your schedule with any 'new charge's they happen to plonk on.

These will have to be dealt with later on, as a new concern, but the good news is that apparently it's a lot less hassle;)

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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  • 2 weeks later...

Right guys NatWest had their time limit!! its now time to go to court and I just hope it goes smoothly!! I will keep you guys informed with every letter I get cos I wont understand it anyway! so any help will be appreciated and if or shud I say WHEN i win I will be donating cos couldnt of done it without this site:)

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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amelia, good luck. This is the point where I leave you, as the court stuff is one in which we have a host of experts, but I will be waiting to see the thread change to won.

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  • 5 weeks later...

hi guys long time no speak:D

Can any1 tell me if I have left it too long a gap in between my LBA and going to court, because it has been weeks since I got a reply from my LBA saying they werent willing to give me my charges back. I have been changing my job so I just havent had time to go down court to file my claim but I am just hoping it hasnt been to long as in my LBA I told them if I didnt get my charges back I would take them to court after 14 days and that was in January. So what do yous think shud I just go ahead and go to court?

cheers guys!!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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hi ppl!! just been reading another thread and am now really worried that I have added interest that maybe I shudnt have, its not a big amount its only £74.00 however I dont want to mess my claim up by trying to get back money that the bank are in there right to take off me! on my statements it says:

debit interest to be deducted:

the current unarranged rate applicable is 2.19% per month, effective rate 29.6% or other rate agreed with you.

the amount of interest to be applied includes any interest on uncleared funds. Any weekend processing for interest is calculated to the weekend/bank holiday.

interest £2.18

So please tell me I am doing it right by adding this interest on to my claim or I will probs have to send new spreadsheets to natwest:confused:

cheers guys!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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well everything is ready now to take down to court in morning I just hope everything is ok with my forms and spreadsheets. I have added interest I mentioned in the post above as nobody answered me so just hope it is right. I am not sure if its 14 WORKING days before you can request an AQ not sure what everybody else did but I will ask at court.

goood luck guys!!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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to be honest im not sure of time scales for the judgment i think it is 14 days but im sure the bank will draw this out as long as possible. seems to be they case with me ive been given the brush off with this hole ordeal , its only since i found this forum i had an confidence in going ahead with this! good luck and let me know how you get on

 

em

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hi ppl!! I eventually got my claim down to court on friday so I will be waiting for the post every morning!! I hope a cheque comes through the post for the full amount or I will def be well on my way to nervous breakdown:eek:

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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