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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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Big Fight With NAT WEST ***WON***


Deller
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My crystal is foggy and will not tell if Deller and Allyxia will get there checks..are the fog is clearing what is this I am seeing as the mists are parting, was that a reindeer and a sleigh? I can't quite make it out.

 

What? You telling me I've gotta wait til Xmas Eve?? :-x

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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Dellar we'll be fine hon - they cant hide any longer

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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I'd absolutely agree with you deller.

 

Allyxia and gizmo, I don't want to start an argument because I don't actually disagree, in principle, with you. I don't agree that the bank have established throught their T&C that they have obliged him to run an account, merely that they can, for which they must make an official request.

 

I just wanted to make the point that it's wise to have a parachute account before you start but that you don't have to use it. After all, there's probably an argument that if they don't close your account once you've reclaimed your charges they will be reluctant to make further unlawful charges.

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Guest Battleaxe

MartinParr,

 

My crystal ball shows me you sitting there with your tongue in the corner of your mouth using the hunt and peck method of typing.

 

Deller the mists are still swirling regarding your cheques, ah yes I see a pen and the name Cobbetts..oh darn they turned out the lights

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Dellar we'll be fine hon - they cant hide any longer

 

I'll take your word for it. :):p:)

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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STOP......Come on wait a minute mr postman yay yeay yerrrrrr!!!

 

 

tick tock

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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BA - at this stage of the game Id rather my cheque!!!

 

Dellar message from giz in madrid???? (hobestly do you think she taking this site Helper thingy too far?)

 

Anyhow - she said to say to natwest the you are taking your compliant to the FSO, and for thta secondpart I canhelp you as not only do Ihave a letter drafted for the FSO but Ihave also written a letter to Natwest informing them !!!! I can send youboth to save you time in drafting and all you'll have to do is amend it!!!

 

 

For each letter to the FSO the bank has to pay a fee Ive heard its various amounts but lets just say its between £300 and £700 a pop!!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Well I've had a pretty eventful morning at the bank. I went in and asked if I could speak to someone with regards to matter concerning my loan direct debit. The lady said that she was acting manager and she'd be happy to help, (I don' think she'll be so willing to help next time she sees me).

 

I explained that I had transfered all my active DD's and SO's over to my new Halifax account and that everything had transfered smoothly except for a small matter of my Nat West loan. I asked her to explain to me why it was not possible to set up a DD or SO from another bank to make this monthly payment. She replied in telling me that under the agreement, one of the terms and conditions of the loan was that regular monthly payments would have to made from a Nat West account. Out came the T and C's, a copy of which was passed to her and I asked her to show me where.......obviously she couldn't. :D

 

She said that this should have been explained to me when taking out the loan and that it was one of the conditions. I told her that this was not explained, there was nothing in the T and C's to back up this story so therefore there was absolutely no reason why I should not be able to arrange payments to be made from another bank.

 

She then came out with a right corker, telling me that the only way I'd be able to change where the payments were made from would be to settle the loan and start a new one with different DD details, this would also be the case if I simply wanted to change the date of the DD.

It was at this point that I realised she didn't have a clue what she was on about, especially seeing as though I managed to change the DD date last month without having to start a new loan.

 

It was here I had to throw everything at her, she was starting to crack. I told her I knew of two people who had been in exactly the same situation as myself and that both parties had managed to successfully transfer the DD's to a different bank. I told her evidence of this could be suppleid if she required it.

She replied there was nothing more she could offer.

I asked her to put in writing to me that the Bank was not willing to accept any payment from me under any circumstances other than that what they were trying to dictate. I told her I would need this in writing in case of a situation arising in court.

She stood up and left the room saying she would check on this with another member of staff.

 

Several minutes later she returned, almost in tears, and started grovelling, saying that apparantly I might be able to transfer the DDto another bank afterall. She said there must have been some changes to banking code law which she was totally unaware of and the changes must have happened since she issued her last loan. (And you're meant to be acting manager)

She said that a note would nbe applied to my account and that someone from their lending department would contact me regarding the matter.

 

She offered more apologies then asked if there was anything else she could help me with. I told her I wished to cancel the Adv Gold subscription, and told her that she must make sure any late payment fee relating to this matter must be returned. I then said I was happy to leave the account open to meet my part of the agreement within the T and C's of the loan, I said I would be clearing my overdraft and then leaving the account empty, and that under no circumstances did the Bank have my permission to set up any DD's or SO's on this account.

 

I stood up and left, I think she was probably glad to see the back of me. :rolleyes: It certainly wasn't my intention to go in there and upset the lady, but she obviously didn't have a clue and should have offered me someone who did, perhaps she wouldn't have such an ear ache now!!

 

 

I got home hoping for a big fat cheque to cheer me up....no such luck!! :|

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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Guest Battleaxe

Oh no you can't, Oh yes I can, Oh no you can't, Oh yes I can, Oh yes you can. Panto time.

 

Well done Deller. Shame about not getting the cheque, still it will be welcome it arrives.

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Ah maybe now you caused problems for them you'll get your cheque well here hopeing

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Ah maybe now you caused problems for them you'll get your cheque well here hopeing

 

Or, it could have the opposite effect and they could make me wait even longer!! :shock:

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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BA - at this stage of the game Id rather my cheque!!!

 

Dellar message from giz in madrid???? (hobestly do you think she taking this site Helper thingy too far?)

 

Anyhow - she said to say to NatWest the you are taking your compliant to the FSO, and for thta secondpart I canhelp you as not only do Ihave a letter drafted for the FSO but Ihave also written a letter to Natwest informing them !!!! I can send youboth to save you time in drafting and all you'll have to do is amend it!!!

 

 

For each letter to the FSO the bank has to pay a fee Ive heard its various amounts but lets just say its between £300 and £700 a pop!!!!

 

I'd already left for bank before seeing this Ally, but still might come in useful when I get a call from the lending department. So may require those letters yet. Will let you know.

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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Well done Deller......................

 

woooooooohooooooooooo

 

(bless her: she's only doing her job) lol

 

Too bad for her, you, and hopefully we, know our stuff better......

 

 

 

I wish I had been a fly on the wall.....

 

I wish there was a reality 24hour tv channel showing nothing but bank managers squirming when they get it wrong (AGAIN)..... what would it be called? "BBC BANKS"? "SKY BANKS 24"? perhaps "CRIMEWATCH" lololol

(am i taking this too far????)

 

Natwest have just written to me... wait for it... to demand a £1500 overdraft repayment... within two weeks... you think they are getting upset????

Awwwwwwwww.....

 

 

I think my cheque is at least 1 or2 weeks behind you and Alexxya, and Im sure I could smell that new paper cheque smell heading to you shortly....

 

Innocent:)

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

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NatWest have just written to me... wait for it... to demand a £1500 overdraft repayment... within two weeks... you think they are getting upset????

Awwwwwwwww.....

 

 

I think my cheque is at least 1 or2 weeks behind you and Alexxya, and Im sure I could smell that new paper cheque smell heading to you shortly....

 

Innocent:)

 

I'm sort of expecting that to be Nat West's move in my case too, demanding repayment of my O/D, hope its not this side of Xmas though otherwise ther'll be another heated disscusion at the bank again. lol

 

I certainly hope you're right about this cheque, at least when I get mine you'll know yours is very close behind! :)

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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Guest Battleaxe

Deller,

 

I am hoping my claim will offset my O/D and give me a couple of hundred pounds to spare. That will be one less debt to worry about. i think with your negotiating skills you could hold them off until after Christmas regarding repayment of the O/D.

Keep you chin up..

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Deller,

 

I am hoping my claim will offset my O/D and give me a couple of hundred pounds to spare. That will be one less debt to worry about. i think with your negotiating skills you could hold them off until after Christmas regarding repayment of the O/D.

Keep you chin up..

 

I too was hoping to use the money from my claim to clear my O/D, my new Halifax account have offered me the same O/D, but I don't really want to use it unless I really really have to, I'm trying to get myself out of debt, not deeper in it.

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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I'm expecting another showdown 2morrow with the Nat West lending dept., over the phone this time though, would much rather it was face to face I can see them cry then!!

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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Guest Battleaxe

Deller,

 

Can you record the phone call? Would love to read a transcript of it. you have the skills.

 

I'm not even mentioning my O/D A & L, i am going to see what they propose, because they don't know I haveing two more bites at them andhaving a go at the mis sold PPI on the loan, they will have renegotiate that loan with me. I am learning all my tricks from You, Giz and Ally. never too old to learn new tricks...

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I'm expecting another showdown 2morrow with the Nat West lending dept., over the phone this time though, would much rather it was face to face I can see them cry then!!

 

Hi, Deller

 

Nice one, though I expect - like me - you don't take enjoyment from upsetting people who don't upset you first (watch out woman at NW Salisbury, and her manager!)

 

Anyway - if you can, recorxd your conversation with the Lending Dept because, in my experience, they will subsequently try to deny everything - including that the conversation ever took place!!

 

As a private individual, you are allowed to record conversations without even mentioning the fact to the other party. There's an Act about it which I shall, no doubt, stumble across later today and post up.

 

Westy

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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Hi, Deller

 

Found the law that allows you to record phone calls. It's the Regulation of Investigatory Powers Act 2000 ("RIPA") and does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. You don't even have to tell them you're making a recording (though I tend to, afterwards), provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.

Legal representatives and the Court are not third parties.

  • Haha 1

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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Hi Deller1,

I am exactly in the same situation as you are... I have a loan with NatWest. Transferred account to competitor in June 06 and until now could not repay my loan, that's until I discovered that they sent my fileto their recovery account. in June I entered into correspondence with their CR Manager who told me exactly the same thing. Therefore the direct debits have not been honoured and no charges incurred (strange!). Then few days ago I re-entered into correspondence with them and magically they decided to call payments, via D/D from my new bank!

Well, well!

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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