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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 
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    • 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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ssmmdd vs. NatWest ###won###


ssmmdd
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Well well well...

 

Stuart Higley has replied to me, and offered me "£2,192.00 paid directly to your account" which is the amount I put on my first letter to them. (Second amount is when they added a couple more charges on while the dispute was ongoing)

 

I'm not so fond of copying a page and a half of letter onto here, but if you would rather I did, say so and I'll do so. Or be a lazy sod and use OCR. :p

 

The question is, what do I do?

ssmmdd. Yes, it's a strange nickname. No, I won't explain why I chose it. You'd laugh at me. :( You would...

 

NatWest: Bank Charges of £2,192 - WON! :D

 

HSBC: Trying to scare me (via Clarity Credit Management) into handing them over £2k on an old (6+ years) loan & Credit Card, they accepted SB, debating on if I should PPI Claim...

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Sounds like you've had the bog standard "gesture of goodwill" offer from the lovely Mr. Higley! It's up to you mate, you could accept the amount outright, accept as part payment and explain you'll be pursuing them for the additional charges, or you could reject it on the basis that this isn't the full amount you're claiming. The choice............. is yours! ;)

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By the way it's been typed, I'm not sure if I'll be allowed to 're-slap' them for future Charge, so I have typed (ok I got lazy and OCR Scanned it :p) the full letter below:

 

[My Address] [NatWest Logo on right hand side]

 

19-June-2007

 

Dear [Me] #1,

 

Thank you for your recent correspondence. I am sorry that you have concerns regarding the charges that have been applied to your account.

 

We explain all of our terms & conditions including our fees and charges at account opening and they form the basis of your agreement with us. Full details are available at any time on our felsite and in our branches, and updates are sent out regularly to our customers. For your convenience, I am enclosing our current terms and conditions (including fees and charges) that apply to your account.

 

NatWest has for a number of years provided many every day banking services to customers free of charge when accounts are in credit or within a previously agreed overdraft limit. These services include access to our branch network, cheques, Direct Debits, Standing Orders, UK debit card transactions and UK ATM withdrawals. It is also important to us that our customers have every opportunity to arrange suitable borrowing facilities with us should they require extra funds whether through our branches, online or via our UK based call centres.

 

Whilst many of our services are provided without a corresponding charge, we do make charges when customers, by their actions, request an increase to or the creation of an overdraft in excess of their previously agreed limit. By reviewing such requests we provide an additional service to customers, in many instances allowing items to be paid either by creating or increasing an overdraft. These charges can be avoided entirely by arranging suitable borrowing facilities in advance.

 

For these reasons, we do not agree with the basis of your complaint. We believe that the charges we levy are far providing services and that they are not penalties or charges for default.

Furthermore we believe that these charges are fair, reasonable and transparent.

 

**Next Page**

However, having reviewed your case and as a gesture of goodwill and without admission of liability or error, in this instance we are prepared to offer the amount of £2,192.00 paid direct to your account.

 

To accept this offer in full and final settlement of your complaint please let me know by completing the attached form and returning it to us in the reply paid envelope provided. lf you would like to discuss this offer please contact the number quoted above.

 

Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges. #2

 

I trust that this will resolve your complaint, however for the sake of completeness l am enclosing a leaflet explaining the options available to you should you wish to take matters further.

 

Financial Services Authority guidelines state that we can regard your complaint as closed if we do not hear from you within eight weeks of this letter. If you do need to take your complaint forward, please let me know within this time.

 

I look forward to hearing from you.

 

Yours sincerely,

 

Stuart Higley

 

[Printed Handwritten Signature]

 

Customer Relations

Notes:

 

#1 - They spelt my bloody name wrong, again! :evil:

 

#2 - So if I accepted the offer, could I sting them again if they charge me in the future?

 

Also, on the acceptance letter which I'm supposed to sign and return, they put this:

I accept your offer in full and final settlement of my complaint £1,192.00 (Advantage packaged account fees, stopped cheque fees, interest and charges refunds already applied to your account will have been excluded as appropriate).

Pardon ??

ssmmdd. Yes, it's a strange nickname. No, I won't explain why I chose it. You'd laugh at me. :( You would...

 

NatWest: Bank Charges of £2,192 - WON! :D

 

HSBC: Trying to scare me (via Clarity Credit Management) into handing them over £2k on an old (6+ years) loan & Credit Card, they accepted SB, debating on if I should PPI Claim...

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Hahahahaha!!! They're nothing if not predictable mate!

 

This is the standard "gesture of goodwill offer" - but you don't have to give them a standard acceptance of it! If you want to accept, compose your own acknowledgement letter clearly giving them your correct name (what they like!!) and explaining that you accept the offer unconditionally (i.e., get lost Higley, you're not dictating to me, but using nicer words!!).

 

The last paragraph basically means that they'll have excluded those items from your claim when working out the refund offer.

 

Hope that helps, hedgey xxx

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Cheers hedgey.

 

How does this look for a letter back to Mr. Higley:

To:

NatWest Customer Relations

National Westminister House

225 Shenley Road,

Borehamwood,

Hertfordshire.

WD6 1BR

 

Re: [Account Number]/[sort Code]

 

[My name, spelt correctly]

[My address]

 

Our Ref: [Ref]

 

Date of Offer: 19-Jun-2007

 

Today's Date: [Today's date]

 

Dear Mr. Higley,

 

[Tick Box] I accept your offer of a full settlement of my complaint of Bank Charges ONLY to the amount of £2,192.00.

 

I do NOT accept the fact that as I am against these charges you, and I quote, "may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges."

 

If charges were perfectly fine, why would so many people be claiming for them back? Why would you have agreed "as a gesture of goodwill" to refund almost all of my Bank Charges?

 

Also, as you should well know, the OFT has said that punitive charges by credit card companies, banks, and other consumer organisations, could be legally challenged, and should be slashed to a realistic level.

 

Last but not least, the Alliance and Leicester Bank were fined for closing someone's Account in retaliation of a Claim for Bank Charges. Surely forcing someone to have a basic Account for the same thing is just as bad as closing their Account?

 

Therefore, if you apply any more illigal (ie overpriced) Bank Charges, I will claim for them again.

 

If you close my Account, or limit it to the 'Simple Account' as I quoted above, I will complain, to the OFT if I have to.

 

I will give you 14 days to reply. If I haven't had a reply by then I will assume you don't accept what I have put here and I will continue my Claim by going to the Court.

 

Also please note that my last name has been spelt incorrectly in both letters that have been sent to my. The correct spelling is [my name].

 

Yours sincerely,

 

[My signature]

 

[My name, again spelt properly]

ssmmdd. Yes, it's a strange nickname. No, I won't explain why I chose it. You'd laugh at me. :( You would...

 

NatWest: Bank Charges of £2,192 - WON! :D

 

HSBC: Trying to scare me (via Clarity Credit Management) into handing them over £2k on an old (6+ years) loan & Credit Card, they accepted SB, debating on if I should PPI Claim...

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  • 2 weeks later...

I got the following letter back from Mr. Higley:

Our ref: [ref]

Your ref: [ref]

 

[My name, spelt properly! Hooray!]

[My address]

 

02 July 2007

 

Dear [me],

 

Thank you for you recent the contents of which have been noted.

 

Regrettably, before I can credit your Account, it will be nevessary for you to sign and return the acceptance letter, which I previously sent you.

 

Once this is in my possession I will arrange to credit your Account.

 

I look forward to hearing from you.

 

Yours sincerely,

 

[shock! A proper ink written signature!]

 

Stuart Higley

Customer Relations

I'll send him it ticked and signed, but include a little note to say that it's not a 'final' agreement and that, as stated in my previous letter, if the charges continue another claim will be applied for and if they close or limit my Account I will complain to the FSA/OFT.

 

Sound ok to you guys? :)

ssmmdd. Yes, it's a strange nickname. No, I won't explain why I chose it. You'd laugh at me. :( You would...

 

NatWest: Bank Charges of £2,192 - WON! :D

 

HSBC: Trying to scare me (via Clarity Credit Management) into handing them over £2k on an old (6+ years) loan & Credit Card, they accepted SB, debating on if I should PPI Claim...

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Sounds like a good plan mate! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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yes, it's fine ssmmdd.

 

Well done!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Cheers guys.

 

Sent by recorded delivery yesterday (Thursday).

 

I wonder how long it'll take them to Credit my Account...

 

I think I need to change my Siggy. :)

ssmmdd. Yes, it's a strange nickname. No, I won't explain why I chose it. You'd laugh at me. :( You would...

 

NatWest: Bank Charges of £2,192 - WON! :D

 

HSBC: Trying to scare me (via Clarity Credit Management) into handing them over £2k on an old (6+ years) loan & Credit Card, they accepted SB, debating on if I should PPI Claim...

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Won!! :D

 

Payment today of £2,192 into my Account! :D

 

Thanks to everyone in this Thread for all the help you've given me.

 

I think it's time to snap at HSBC's legs now... :D

 

* ssmmdd = mega chuffed XD

ssmmdd. Yes, it's a strange nickname. No, I won't explain why I chose it. You'd laugh at me. :( You would...

 

NatWest: Bank Charges of £2,192 - WON! :D

 

HSBC: Trying to scare me (via Clarity Credit Management) into handing them over £2k on an old (6+ years) loan & Credit Card, they accepted SB, debating on if I should PPI Claim...

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CONGRATULATIONS, ANOTHER FINE WIN. Well done.

please fill in survey.http://www.consumeractiongroup.c o.uk/survey.php

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Done. :)

 

Any Mods about that could move this to NatWest Successes Forum Please?

ssmmdd. Yes, it's a strange nickname. No, I won't explain why I chose it. You'd laugh at me. :( You would...

 

NatWest: Bank Charges of £2,192 - WON! :D

 

HSBC: Trying to scare me (via Clarity Credit Management) into handing them over £2k on an old (6+ years) loan & Credit Card, they accepted SB, debating on if I should PPI Claim...

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well done ssmmdd! Told you all those months ago that you'd do it

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 1 month later...
  • 11 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

ssmmdd. Yes, it's a strange nickname. No, I won't explain why I chose it. You'd laugh at me. :( You would...

 

NatWest: Bank Charges of £2,192 - WON! :D

 

HSBC: Trying to scare me (via Clarity Credit Management) into handing them over £2k on an old (6+ years) loan & Credit Card, they accepted SB, debating on if I should PPI Claim...

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