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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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Scarletrose V NatWest *** WON ***


Guest Scarletrose
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Guest Scarletrose

Hi i am new to this so please bear with me,

me and my husband was contacted by our cousin who had succesfully claimed bank charges from the Halifax.

I seemed a good idea to then ask for the bank charges that we have been charged by our bank Natwest. so I phoned natwest and asked them to send me the last 6 years of statements which they did within 7 days.

I then completed the first letter and spreadsheet indicating all the charges and the 8% interest which came to £2833.93 which i sent special delivery, this guaranteed next day delivery by 1pm which wouldve been 17th October 2006. The 14 day period which they are told to reply within in the first letter (i am assumming this is 14 days from when they receive the letter) expires on 31st October 2006.

we have not heard anything from them as of yet and we are at a loss as to what to do if they dont reply by the aforementioned date.

If this makes sense to anyone or if you know what to do in this instance, please, please, please, could you tell us? thanks very much in advance to anyone who answers our plea.

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Guest Scarletrose

Hi i am new to this so please bear with me,

me and my husband was contacted by our cousin who had succesfully claimed bank charges from the Halifax.

I seemed a good idea to then ask for the bank charges that we have been charged by our bank NatWest. so I phoned NatWest and asked them to send me the last 6 years of statements which they did within 7 days.

I then completed the first letter and spreadsheet indicating all the charges and the 8% interest which came to £2833.93 which i sent special delivery, this guaranteed next day delivery by 1pm which wouldve been 17th October 2006. The 14 day period which they are told to reply within in the first letter (i am assumming this is 14 days from when they receive the letter) expires on 31st October 2006.

we have not heard anything from them as of yet and we are at a loss as to what to do if they dont reply by the aforementioned date.

If this makes sense to anyone or if you know what to do in this instance, please, please, please, could you tell us? thanks very much in advance to anyone who answers our plea.

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Guest Scarletrose

Hi thanks for answering my plea, yes i have already included the 8% interset charges as i was told to do so by cousin, will this make a difference getting my money back?

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Guest Scarletrose

Hi thanks so much for contacting me i am going to be true to my hair colour and ask a really dumb blonde question but what is an LBA, and yes i did include my interst charges of 8% because my cousin told me to will this affect my claim?

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LBA is the Letter Before Action, it can be found in the templates section. It sounds like you mightnot have been through the FAQ's section, or maybe not spent enough time in there. It's really worth doing that, so you get a clear understanding of the whole process.

 

Good luck!

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Co-op bank - won March 07

Virgin Credit Card - won - March 07

MBNA Credit Card - won March 07

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Guest Scarletrose

Hi yes you are correct i hadn't until now spent anytime in the FAQ section i never even knew about this website until i came across it yesterday, we were just emailed by our cousin with the step 2 letter to send and the spreadsheet, he told us this is what he had done just sent the letter and charges with the 8% interest and he had received all his charges back within the 14 days he never told us about the website and the procedures before and i am just now realising he has sent us off blindly and half cocked, i will send the LBA letter on the 31st october having now read toiletbandits thread i think i will have a fight on my hands with natwest. Do you know anyone who has had better success with natwest without all the court stuff?

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Marmot,

The £12 is a red herring. Claim back everything they have charged you and BTW start your own thread in your bank's forum. You will get all the relevant advice to you then.

Good luck

Nona

[CENTER][SIZE=2][I][COLOR=DarkOrange]Any advice offered is only my opinion, based on my experience with my claim [/COLOR][/I][/SIZE] [SIZE=3][COLOR=Blue][SIZE=2] I won my case because[/SIZE] I READ THESE FIRST[/COLOR][/SIZE] [URL="http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/"][COLOR=red]http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/[/COLOR][/URL] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=3]Halifax[/SIZE][COLOR=YellowGreen]-[/COLOR][/COLOR][B][SIZE=4][COLOR=Red][COLOR=YellowGreen]SETTLED IN FULL[/COLOR] :D:D:D[/COLOR][/SIZE][/B][/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=magenta] [COLOR=SeaGreen]Prelim letter sent [COLOR=Black]10/07/06[/COLOR] Moneyclaim issued [COLOR=Black]07//08/06[/COLOR][/COLOR] [COLOR=Red]Settled in full[/COLOR] [COLOR=Black]15/08/06 [SIZE=2] [/SIZE][/COLOR][/COLOR][/SIZE][/FONT][CENTER][FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=2][COLOR=DarkOrchid][SIZE=1]Survey completed. Donation made[/SIZE].[/COLOR][/SIZE][/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [CENTER][FONT=Comic Sans MS][SIZE=2][COLOR=magenta][COLOR=Black][COLOR=Navy]Thanks to Dave and Bankfodder, and all who have given their time and advice[/COLOR]:)[/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=red][COLOR=Black]Co-op Bank Visa[/COLOR] Settled after LBA (only £61 but hey ho, every penny counts) [/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=#00bfff] [/COLOR][/SIZE][/FONT]

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Guest Scarletrose

Hi can anyone tell me how to calculate the overdraft interst for the LBA letter, as i said i am a dumb blonde, who needs help i have already made a few mistakes because i was given bad infomation at the time of sending 1st letter dont know if it will affect my claim, however will continue as planned until i know for sure i still havent heard anything from natwest and there 14 days are up tomorrow.

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Guest Scarletrose

I have just come backfrom the post office having sent my LBA to find a letter from Natwest waiting for me, the deadline for contact is today, the letter thankyou for your patience whilst i have been looking into the charges you are querying. i am sorry that we have not yet resolved matters by now, i am not able to respond fully as i am still investigating the situation for you. please accept my apologies for delay i will contact you again within the next 2 weeks with an update if not a full response. we are here to help so if you would like to discuss this further please call me on xxxx and i will be happy to help.

yours sincerely Anna Wood cust serv officer.

2 questions firstly does this mean i shouldn't of sent my LBA letter secondly would contacting them by phone to see what they are up to be a bad idea?

:confused: :confused:

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Guest Scarletrose

Hi thanks for getting back to me so quick io didnt realise it was a standard letter and i guess because of the threads i had read all mentioning nasty replies or no reply at all i wasnt expecting that kind of a letter, i was expecting a more threatening one so it caught me off guard a little and did make me wonder if i was still proceding correctly, i guess the next letter i receive from them will be more of the kind i'm expecting ie. we wont give you a dime so go away.

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Response to LBA is usually 'sorry to hear you're not happy, serve papers at our registered address'

 

I have seen your letter above a few times though, its just to throw you and see if you will wait for them, no point when they're replying to other people within 14 days.

Ex CAG helper ^_^

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Guest Scarletrose

Thanks i will wait for that letter and then check my next step, but i was wondering if you could help me further by telling me how i can change the 'basic account customer' which appears under my user id, because i am in fact a advant gold cust, would be most grateful if you know how to. thanks again for your help so far.

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I know why the letter is being sent out and it is not necessarily a delaying tactic, which i am hearing more and more, however, you must always stick to your timetable not theirs. Letter 1 prelim you state 14 days if not reply LBA stating 14 days and court action, no reply or no full refund you sue. You are in control and the bank is not using you as a carpet and walking all over your timescales. Be the boss this is your money. Good Luck

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Thanks i will wait for that letter and then check my next step, but i was wondering if you could help me further by telling me how i can change the 'basic account customer' which appears under my user id, because i am in fact a advant gold cust, would be most grateful if you know how to. thanks again for your help so far.

 

Your status changes with time and posts on the site - it is not actuaslly what account you have

Consumer Health Forums - where you can discuss any health or relationship matters.

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This sounds very similar, to a standard 20 Day holding letter that Banks must send to customers under the FSA complaint handling regulations.

 

When you make a complaint banks must

 

1) Send you an acknowledment letter within 5 workings

2) If unresolved a holding letter after 10 days (optional)

3) If unresolved a 20 day holding letter, stating when they think they will respond

4) If unresolved 40 day holding letter and enclosing a FOS leaflet, letting you know that you can take your complaint to them

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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I appriciate it may not be a delay in all cases however we know what the answer is going to be when it is always a standard letter. As NWSM said you stick to your deadlines. The reasons they do things the way they want to is nothing to do with it.

Ex CAG helper ^_^

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Dear All,

 

I sent off my LBA today (not registered but now realised should have done). Am keen to get my claim ready for the 14 day deadline and realise that next step is form N1 either from template or from court.

 

Can i just ask a silly question? Can you use any court or do you have to find the nearest to your home address? Is it that court name that you write at the top of the letter?!

 

thanks it's late and i've been reading this site for hours!

:confused:

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