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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
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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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Nat West Bank Statements ** WON **


lipscombe
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28 days is up Monday 10th July, should I pre-empt them & send copy of spreadsheet to Cobbetts and the court? There is a fax number on the response back I could use that to send it.

 

I have asked this previously but no-one has answered me, if answer is yes should I send them anything else i.e.copies of all the letters sent to NatWest?

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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It seems I have upset the mods!

 

Have not answer to my question so gonna send copy of spreadsheet to Cobbets anyway as the 28days is up on Monday 10th July.

 

Sure this is what I should do but like to have some words of encouragement from other forum readers - getting very nervous now!!

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Have still not received any defence from Cobbetts, so take it I wait til tomorrow (28days up today) then file default - so close but yet so far!!

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Yet again they have filed a defence just on time - unable to select default on mcol - rung home and there is a letter from Cobbetts waiting to be read!!!

 

Cant wait to get home & see what their defence is - and if it is tranferred to Guildford court like my Abbey claim - would be great to have both cases on same day one after the other!!!

 

Any one else in this area who may need to go to court in Guildford? Would be willing to go with some one for experience & moral support x

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Any one else in this area who may need to go to court in Guildford? Would be willing to go with some one for experience & moral support x

 

I might just take you up on that offer ;)

 

Y

Credit Cards

Barclaycard -WON! Amex - WON! MBNA (x2) - WON!

Mint - WON! Monument - WON! Morgan Stanley - WON!

Egg - WON! Halifax - WON! Sainsbury's Bank - WON!

Citi Cards -WON!

 

Banks

 

08/06/06 Claim against NatWest started.

01/11/06 Case Closed :)

 

08/06/06 Claim against Halifax started

24/08/06 Case closed :)

 

 

Visit my forum: http://www.planet-watch.org/forum

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I notice it says send these to the branch and the branch will forward these onto the correct department, lol think of the branch as the shop. Can't help you with alot but send it onto the correct people.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Defence received yesterday - standard I think using so much legal jargon that I have got a job understanding it!! With it is the request for further information quoting CPR Part 18. From other threads understand this does not apply to small claims track claims.

 

This morning received Allocation Questionnaire from Aldershot court (not Guildford like my Abbey claim)

 

I have sent Cobbetts & the court a copy of the spread sheet. should I re-send spreadsheet & copy of statements to Cobbetts as requested & fill in AQ and send back to Aldershot?

 

Also, last week I transferred £58 to my sons account to bring him in his overdraft limit. Had notification last week that another £40.00 (12.00 Adv Gold sub & 28.00 unarranged borrowing fee) + 6.98 int will be taken on 31st July, so he will be over overdraft limit again!!

 

They have asked for his cards back and if the position is not resolved within next 7 days formal regulatory notices will be issued in accordnce with the provisions of the Consumer Credit Act.

 

Can I write to them saying 1200 odd is in dispute at the moment & when this is paid the amount overdrawn will be paid back.

 

Please adivise me someone - feeling really bogged down with legal papers at mo - should be working but cannot concentrate x x

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Hi would a moderator please be able to advise me. Apparantly Nat west have just rung our home asking for my son. Probably about him being over his overdraft limit again!!!

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Thanks Timinio, yes I agree.

 

Have rung the bank but of course they wont give me any details. Told them I had transferred money last week to bring him into limit & that a case was going on at the moment so overdraft would be cleared when charges were refunded. He was very polite & said my son will have to ring & hopefully he can ask them to talk to me as he gets so flustered & talking to these people.

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Must of definately upset the Mods, no answers to my queries.

 

My son rang the bank last night & they did let me speak. I explained that I had transferred funds on 5th July to take him back into his limit. The guy informed me he had gone over again because of interest being charged!! I explained that he was not using the account as his weekly salary would just get swallowed up by the overdraft & he needed cash to eat!! Told them a court case was pending - went quiet - 'would you hold the line one moment please madam'. He came back after a couple of minutes and said he would note the comments & leave any further actions until the end of August!! Don't know who he spoke to but at least no more phone calls or snotty letters for a while.

 

Hopefully claim will be settled by then x x

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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hi karne, feel I know you - we watch each others threads.

 

Tried to pm a mod - they told me how to link to my thread, but the button they told me press was not there!!! Think it was called 'permathread' found 'permalink' - but when I pressed it nothing happened - oh well not too bad on computers but at 51 find some jargon hard to follow!!

 

Well have decided to use a similar letter to Timinios about cpr18 request, photo copy all bank statements & spreadsheet & send them to Cobbetts. Also fill in AQ and send that to the court today. On my own in the office today so will have time to do it! Yes I am using my own paper if my boss reads this x

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Interesting reading how Natwest go about things. I have sent my second letter a week ago, not had a reply as yet. What I am concerned about though is that my charges have gone through the roof since my first letter in May. June I was charged £180 and July £114 for card misuse fees. I had never had these fees applied to my account before. Is this victimisation since I wrote the first letter?

One of the charges was for a card misuse when I took £10 out of the ATM, but I checked the account on the ATM and it said I had funds avail, so surly I can not be charged for this if their computers were not up-to-date. The ridiculas thing is the £38 charge I received for this then took me over my limit and two DD's I had come out after that (Totalled less then £38) were both subsequently bounced and charged a further £38 each. I am now over £100 over my limit, basically because I took out £10 to get petrol. Now I don't have that £100 to pay off my credit card this month and so they are going to pile on more charges. :-x

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Hi all, any advice would be appreciated!!!!

 

Have prepared the following letter to Cobbetts:-

 

14th July 2006

Dear Sir/Madam,

 

 

Northampton County Court Claim 6QZ36373

Nat West Account Number xxxx sort code xxxx

Account name: my son

 

 

Further to your letter of 10th July asking for further information. The account number and sort code were put on the top line of the claim form, and also on the letter I sent you on the 6th July together with a spreadsheet of how the claim was made up.

 

In case this letter got lost in the post; please find enclosed spreadsheet and copies of bank statements with cross references to the spreadsheet. The claim is made up of charges dated from 21st October 2004 – 7th March 2006.

 

I understand that a CPR part 18 request only comes in when the court has allocated the claim out of the small claims track. To my knowledge this claim is still in the small claims track.

 

Your client has all the previous correspondence I have sent to them concerning the charges that I feel are unfair & unlawful.

 

I will also send a copy of this letter and enclosures to the court together with the completed AQ if I do not hear from you by Wednesday 26th July (AQ has to be filed by 30th July 06).

 

Should you need any more information do not hesitate to contact my mother, Lipscombe, during office hours on xxxx. I am available after 6 o’clock on xxx

Yours faithfully

 

 

what do people think,

 

please reply before 3.30 today 14th July as would like to get letter to Cobbetts in post today.

 

thanks x x

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Been reading other threads & am a bit confused, tried to do a search but no joy.

 

CPR 18 is this just for small claims track or for claims of under £5000.00? Got to get it right in the letter or I will look a pr*t (lol) x

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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  • 2 weeks later...

Sent copy of spreadsheet & bank statements cross referenced to Cobbetts saying that CPR 18 was not for claims in small claims.

 

HAD A LETTER 3 DAYS LATER OFFERING £800 IN FULL & FINAL PAYMENT. Faxed & wrote saying thanks but no thanks and that if I did not hear from them by today (26th July) I would return AQ & chq for £100 that would increase the claim. Have not had reply so AQ going off in tonights post.

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Have not heard anything back yet, AQ should now be with the court!!

 

has anyone got any money from NatWest recently? Had a quick read but not seen any success stories for a while x x

 

have a good weekend all

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Hi, what is the normal time span from returning the AQ & hearing something?

 

My son was hoping for another offer by now. Told him to be patient, it took me ages to talk him out of accepting the £800 offer!!!!!

 

CAN A MOD CHANGE MY TITLE PLEASE TO MAYBE 'LIGHT AT THE END OF THE TUNNEL' OR 'HAPPY MUM TO GET HER HOUSEKEEPING MONEY BACK'

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Hi, Sent my AQ on 5th July, got a copy of cobbets\Natwests AQ on 21st July ... Not heard anything since. I'm just waiting for the courts now to either make a decision, set a date for an Allocation hearing .... or something else. It's a bit frustrating now the timescales are out of my hands!!

NatWest:

Sent LBA on 12 May.

Submitted MoneyClaim on 30 May.

Acknowledged 7 Jun, 3 Jul deadline for response

Defence filed 4 Jul

Received their copy of AQ 21 July, awaiting court date

*********** SETTLED IN FULL - 17 August *************

Egg Card:

Requested Payment Protection Refund on 20 May,

Sent Data Protection Act request, egg acknowledged,

8 Jul deadline for response.

26 Jul: Sent Prelim Letter

01 Sep: Sent LBA

Citibank:

Not Started

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Thanks laffar - so near yet so far!!!

 

Courts must be busy - just read in the Small Claims Procedure book I bought that 'the judge will review within a couple of days of receiving the AQ's and allocate the case there & then'.

What does 'allocate' in this sense mean - my case has already been moved to my local court - that is where I sent the AQ to. Have tried to find out in the book but not very clear.

 

Would Cobbetts of had to return the AQ at the same time as me? If they didn't will the court frown upon this and say I won by default?

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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I think it means the allocation of a date for a hearing.

 

from previous advice I’ve received the judge will decide without the defendants AQ if the defendant misses the deadline, however, this is obviously frowned upon but won't necessarily mean a win by default

 

BTW, I’ve just got home to a letter from cobbetts offering around half what I’m after today ... they can stick it but it's still nice to know they're thinking of me! :D

NatWest:

Sent LBA on 12 May.

Submitted MoneyClaim on 30 May.

Acknowledged 7 Jun, 3 Jul deadline for response

Defence filed 4 Jul

Received their copy of AQ 21 July, awaiting court date

*********** SETTLED IN FULL - 17 August *************

Egg Card:

Requested Payment Protection Refund on 20 May,

Sent Data Protection Act request, egg acknowledged,

8 Jul deadline for response.

26 Jul: Sent Prelim Letter

01 Sep: Sent LBA

Citibank:

Not Started

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Thanks laffar - so near yet so far!!!

 

Courts must be busy - just read in the Small Claims Procedure book I bought that 'the judge will review within a couple of days of receiving the AQ's and allocate the case there & then'.

What does 'allocate' in this sense mean - my case has already been moved to my local court - that is where I sent the AQ to. Have tried to find out in the book but not very clear.

 

Would Cobbetts of had to return the AQ at the same time as me? If they didn't will the court frown upon this and say I won by default?

 

on the top of the form there is a date... this is when both sides have got to have their questionaires returned to them. its for the court to allocated time and space to... Corbetts will file their defence by then... however mind was the 25th of July... got 50% offer.... just before the deadline... then.... today... 1/8/06 I got a full cheque from them...

 

light at the end of the tunnel.... your just about there....

 

Lynne

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GOOD MORNING EVERYONE!!!!!!!!!!!!!!

 

GOT HOME YESTERDAY TO AN A4 ENVELOPE FROM COBBETTS - THE SUSPENSE WAITING FOR MY SON TO GET HOME - MIXTURE OF FEAR & EXCITEMENT WONDERING WHAT WAS IN IT - WELL IT WAS A CHEQUE FOR £1438.44.

 

MY SON & I DANCED ROUND THE KITCHEN - HUBBY & YOUNGER SON THOUGHT WE HAD GONE COMPLETELY MAD. THEY JUST DID NOT UNDERSTAND THE WONDERFUL FEELING!! TO BEAT THE BIG BOYS, MY SON OUT OF DEBT FOR THE FIRST TIME IN 2 YEARS!!!

 

Thanks so much to everyone on this site for keeping me going!!

 

CAN A MOD CHANGE THE TITLE OF THIS THREAD PLEASE TO 'ANOTHER WIN'

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Have done Karne - this will give the newcomers a boost I hope - daunting to go through the process - but now it is over did not seem too bad - bit like childbirth really lol!!!!!!!!!!

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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