Jump to content


  • Tweets

  • Posts

    • In terms of their refusal to comply with your subject access request, you may as well sue them in a separate County Court action. If you'd like to do that then we will help you. It would be very easy to do. You are entitled to claim damages for distress and I'm sure that you are hugely distressed by their failure/refusal to supply you with your personal data and I would suggest that you might want to sue them for £100. These people seem to be pretty disorganised and lack any understanding of how to run a business. I suppose that they would try to defend a data protection action on some spurious grounds – but it would increase the pressure on them and the risk to you would be very low – only about £50 or so in the unlikely event that you would lose the case. In the event that you would win then you would get your court fees back as well as the damage you are claiming unless a court decided that there were grounds for reducing the value of your claim. Pretty unlikely in my view.  
    • I think I have to add some clarification to the advice which has been given by my site team colleague above. Firstly, the Consumer Rights Act does not replace the existing law of contract. It simply supplements it and adds some additional solutions such as the short-term right to reject – and the right to reject within six months after giving a single opportunity to repair. These remedies are meant to be solutions but in fact we are finding – especially with car dealers – that the law is simply being ignored and frankly from that point of view the Consumer Rights Act is not a great success. There really ought to be in place a punitive measure for retailers who don't respect the 30 day rule and the six-month rule. But there aren't. So what is left is that even after six months, the item which has been sold to you must be of satisfactory quality and must remain that way for a reasonable period of time. What is a reasonable period of time depends on the reasonable expectations of a reasonable consumer. If the item starts to develop problems early on in its life then I think it can be generally taken beyond doubt that the item has failed the test of "satisfactory quality" because it has not remained that way for a reasonable period of time. Where an item starts to fail towards the end of its reasonable life expectancy, then you have a more difficult problem and that is where as my site team colleague has suggested, that you would ideally have to find some expert evidence to show that the item had failed because there was an existing defect. You could do this by getting an independent inspection or else by finding other examples over the Internet to show that this was a known problem. My site team colleague is right that you would have to demonstrate a defect even if the item fails at an early stage in its life – but I think that if you are taking a cooker with a reasonable life expectancy of probably, say, eight years – then I think the fact that it has developed a serious defect in the first 12 months would be taken by any County Court judge as clear evidence that it had failed to live up to the requirements of the Consumer Rights Act – that it was not satisfactory quality. If the judge accepted that failure as evidence, then it would be up to the retailer to counter the presumption with evidence that there was nothing wrong with it. So what I'm saying is that in the first instance, I think that the defect speaks for itself and the question now is how to proceed. I'm sure that we can help you and I'm sure that we can help you get a result. I have to say now that you've been here since 2015 and I'm extremely disappointed to find that you seem to be unaware of the fact that you enjoy ample statutory rights to deal with this and that you seem to be lamenting the fact that you didn't take out an extended warranty and that furthermore you seem to be prepared to rely on a so-called 12 month guarantee provided by the manufacturer. You are asking how these companies can get away ripping off "innocent people" and I suppose that you are referring to "innocence" in the sense that people don't deserve it. Frankly I tend to see "innocence" in the sense of a certain naïveté – especially when people know about this forum. I don't particularly understand why you have put up with this for a pretty well five months instead of coming here. If you want to take that as a slapped wrist – then please do. Also it's a message to other people who visit this thread. Can you please tell us about the price you paid and any exchange you had with Currys. I understand that they have simply knocked you back to the manufacturer? Are you surprised? You're dealing with Currys. Another example of innocence. Blesséd are the meek. I don't fully understand the fault. Maybe you could put up a picture of the fault – in PDF format please. It will help us get a better idea what we are doing. Also, have you had anybody coming to have a look and see if it is actually repairable?  
    • In regard to the Labour Party, they need to recognise that the Tories have a larger base of support for their flavour of politics.  Brexit has stirred up a nationalistic spirit in many people on the political left and right, with former Labour voters now invested in supporting the Tories in trying to make Brexit a success.   This makes it very difficult for Starmer or any other replacement Labour leader to challenge the Tories, as those on the Brexit bus ride, now have their fingers firmly placed in their ears. This is why the recent sleaze allegations made no difference.    I predict that Labour and the Lib Democrats, plus the Green Party are going to have to form an alliance in the near future, so they offer an alternative to the Tories during the next 5+ years.        
    • Scotland should have a right to hold a referendum on independence, if parties supporting independence have a majority in the Scottish Parliament to hold a referendum.   Not sure Scottish people would vote for independence, but they should be allowed a vote.
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

cableguyjim vs NatWest ***SETTLED IN FULL***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5196 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

You can always include those postage fees as part of your claim. :rolleyes:

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

 

Link to post
Share on other sites

My mentor...my trusty shadow, always there to back me up...ahhhhh:D

: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

 

Link to post
Share on other sites
OK, bundle handed in to Reading County Court and posted to Cobbetts (1.35Kg!) this morning as per judge's directions.

 

Three weeks, Cobbetts! Give me my £4,820 (including interest and fees!) :D

 

 

Hello,

 

I'm too in litigation with Nat West. As I've got to hand in my Court Bundle pretty soon, was wondering did you put a covering letter with yours to Cobbetts?

 

Hope you don't mind me asking!!

 

Thanks

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

Link to post
Share on other sites

Yes, I did - it just pointed out what was enclosed, that it had been handed in to the court, and gave the latest amount they owed me!

Nationwide - £80.00 refund agreed 01/06/06

Halifax Current Account - £132.75 refunded 07/06/06 (I won without asking! See this thread)

Intelligent Finance - £941.23 (including interest and court costs) refunded in full 09/06/06

smile - £255 refunded 30/06/06

GE Money - £195 refunded 01/07/06

NatWest - £4,801.15 (including interest and costs) refunded by cheque 14/02/07

Capital One - £40 refunded 06/06/06 - another £16 refunded 21/07/06

Barclaycard - £72 refunded 03/07/06

American Express - £300 refunded 05/07/06

Halifax MasterCard - DPA request sent 19/02/07

Co-operative Bank - DPA request sent 19/02/07

 

Total charges refunded (inc. Interest) - £6,831.98!

Link to post
Share on other sites

Ta very much.

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

Link to post
Share on other sites

Got home from work to find a "Sorry you were out" card from Royal Mail today, advising of a Special Delivery. I'm not expecting anything else, so fingers crossed for when I go to the delivery office first thing in the morning! :D

Nationwide - £80.00 refund agreed 01/06/06

Halifax Current Account - £132.75 refunded 07/06/06 (I won without asking! See this thread)

Intelligent Finance - £941.23 (including interest and court costs) refunded in full 09/06/06

smile - £255 refunded 30/06/06

GE Money - £195 refunded 01/07/06

NatWest - £4,801.15 (including interest and costs) refunded by cheque 14/02/07

Capital One - £40 refunded 06/06/06 - another £16 refunded 21/07/06

Barclaycard - £72 refunded 03/07/06

American Express - £300 refunded 05/07/06

Halifax MasterCard - DPA request sent 19/02/07

Co-operative Bank - DPA request sent 19/02/07

 

Total charges refunded (inc. Interest) - £6,831.98!

Link to post
Share on other sites

Fingers, toes and everything else is crossed, good luck:D

: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

 

Link to post
Share on other sites

And I've won! :D

 

Cheque received for full amount including interest up to 1st January (I'm going to let them off the £20 extra interest though!). Made out to the usual 'into account XXXXXXXX', but I paid it into Barclays anyway. The "Cash Manager" no less said it would be fine. :D

 

This is my biggest claim, and I'm so glad to have got it back. In my opinion, NatWest have always been totally unfair and over-zealous in their application of charges. I'm so glad I've been able to stick them for a refund plus interest! A donation to CAG will, of course, be forthcoming as soon as the cheque's cleared! :D

 

Only one or two more claims from me, but now my parents are getting interested. They've been charged quite a bit by Royal Bank of Scotland over the years...

Nationwide - £80.00 refund agreed 01/06/06

Halifax Current Account - £132.75 refunded 07/06/06 (I won without asking! See this thread)

Intelligent Finance - £941.23 (including interest and court costs) refunded in full 09/06/06

smile - £255 refunded 30/06/06

GE Money - £195 refunded 01/07/06

NatWest - £4,801.15 (including interest and costs) refunded by cheque 14/02/07

Capital One - £40 refunded 06/06/06 - another £16 refunded 21/07/06

Barclaycard - £72 refunded 03/07/06

American Express - £300 refunded 05/07/06

Halifax MasterCard - DPA request sent 19/02/07

Co-operative Bank - DPA request sent 19/02/07

 

Total charges refunded (inc. Interest) - £6,831.98!

Link to post
Share on other sites

EXCELLENT NEWS!!!!!!

 

May I be the first to congratulate you on such a blinding win:D

Enjoy the money.

: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

 

Link to post
Share on other sites

Thanks, I plan to. :)

Nationwide - £80.00 refund agreed 01/06/06

Halifax Current Account - £132.75 refunded 07/06/06 (I won without asking! See this thread)

Intelligent Finance - £941.23 (including interest and court costs) refunded in full 09/06/06

smile - £255 refunded 30/06/06

GE Money - £195 refunded 01/07/06

NatWest - £4,801.15 (including interest and costs) refunded by cheque 14/02/07

Capital One - £40 refunded 06/06/06 - another £16 refunded 21/07/06

Barclaycard - £72 refunded 03/07/06

American Express - £300 refunded 05/07/06

Halifax MasterCard - DPA request sent 19/02/07

Co-operative Bank - DPA request sent 19/02/07

 

Total charges refunded (inc. Interest) - £6,831.98!

Link to post
Share on other sites

Congratulations Jim, well deserved, enjoy the Dosh. :D

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

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...