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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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Scarletrose V NatWest *** WON ***


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Guest Scarletrose

Hi sent my Lba on 31/10/06 wen i had no reply from natwest got back from post office to find a letter saying they was looking into it, then today 2/11/06 i recvd letter dated 30/10/06 day before i sent LBA offering me £980, as a goodwill gesture i am currently asking for £2419 however the letter says that the oft findings on 5/4/06 were for credit card fees and the oft has not consulted with the rbs or industry for other products, are they bluffing? are they right in what they say, if this is a scare tactic its working the letter also says that if i accept this offer i will not be able to claim for future charges, plus because they sent this letter before i sent my LBA does that affect my deadlines as i said HELPPPP????

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Be Calm Scaletrose!:p

 

This is entirely normal and does not affect your claim against them at all.

 

1/ Partial offers are standard. If you wish, write back saying you will only accept in partial settlement and that you will pursue the remainder. They will probably then withdraw the offer.

 

2/ The comments they make about credit cards are what they say to everyone to try and deter them. The OFT findings were strictly speaking about credit cards but also made mention of Current Accounts and Mortgages. They are just trying to see how easy you are to scare off!! Ignore them.

 

3/ Just to be certain and fair write back regarding the offer as an amended LBA, then proceed to Moneyclaim/Court when they tell you to bog off. Do this today so you dont lose too much time, then at least you will have reponded to all their communication in a reasonable manner.

 

Good luck and keep us posted;-)

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You were quite within your right to send the LBA as you hadn't heard from them within the timescale you provided, as for all the mumbo jumbo in the letter they sent, you're correct in saying they're just trying to scare you off. Stick to the deadlines like you seem to be already and you'll eventually get all the money back, plus the 8% interest if it gets to the filing claim stage.

 

Good luck and stick with 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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Guest Scarletrose

thanx guys for replying to me

i have one other question when i first started this claim i sent the prlimenary letter with the spreadsheet asking for my charges but also the 8% int charges which made a total of £2833.93

((I know this was wrong and only happened because i was badly advised by a family member who had succesfully got money back from Halifax he hadnt told me anything about this website and just emailed me the prelim ltr and 8% spreadsheet))

so when i found this website read through the FAQS and realised that this was wrong also when someone told me on another thread, i decided when i had no reply to?? what i should do now?? that i posted on another thread deducted the interset of £414.93 in my LBA letter and only requested the charges total £2419.00, do yous or anyone else knows if this will affect my claim at the court stage, if it will would it be better for me to accept the offer seeings as though i have reduced the amount in the LBA and not been consistant with wot i'm asking for if only i had seen this website first oh woe is me????

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Hi sent my Lba on 31/10/06 wen i had no reply from NatWest got back from post office to find a letter saying they was looking into it, then today 2/11/06 i recvd letter dated 30/10/06 day before i sent LBA offering me £980, as a goodwill gesture i am currently asking for £2419 however the letter says that the oft findings on 5/4/06 were for credit card fees and the oft has not consulted with the rbs or industry for other products, are they bluffing? are they right in what they say, if this is a scare tactic its working the letter also says that if i accept this offer i will not be able to claim for future charges, plus because they sent this letter before i sent my LBA does that affect my deadlines as i said HELPPPP????

 

Well they offered me £900 against a total claim of £1711.86 and I said I would accept it ONLY as a first instalment with no conditions attached whatsoever! and would persue them for the rest. They coughed up! :grin: You DO NOT have to agree or sign up to anything you don't want to and the Banks know this but just keep trying it on.

 

The thing is they know people are becoming more and more savvy re claiming back unlawful penalty charges through sites such as this one but are still trying to scare people off with jargon and legalese. Of course it is up to you whether you chose to accept their offer and conditions of settlement. My advice and it is only advice, which you may wish to take or ignore, I have no legal training whatsoever, is to thank them for their offer, accept it as part settlement ONLY of your total claim of **** I reminded them that this total increases with interest on a daily basis.

 

It is true that the OFT did make an announcement re charges for credit card fees and stated a figure of £12 was fair. But with regard to bank a/c charges they have yet to make an announcement - it is due though soon. Please do not be scared just look at all the people like me who have got every penny back WITHOUT CONDITIONS attached. Personally, I think you are not too far away now. Good luck.

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It is true that the OFT did make an announcement re charges for credit card fees and stated a figure of £12 was fair.

 

I think the OFT actually said that anything over £12 was automatically unjustifiable: I don't think they said that £12 was fair.

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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Guest Scarletrose

Hi thanx Ollie Bollie

did you also read my next post with reference to the cock up i made at the start i know you say you are no legal expert but i would be glad of any advice before i take it any further hope to hear from you soon, PS just got back from ATM to find out there is another charge on my account for £40 £12 of which is advant gold but £28 must be another ref D/d charge can i include this as well now or should i phone them and ask them to refund it im so scared of making any more mistakes... cheers :p :p :p:confused: :confused:

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Just concentrate on your exisitng claim, and your time line. Don't worry too much regarding your confusion over the interest. As long as your charges are correctly analysed and scheduled, and you have specified that your are claiming interest on the charges and it continues to accrue until such time as the claim is settled.

If your are successful they will probably credit any addition charges you have accrued.

Have you set up a parachute account?

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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Guest Scarletrose

Can anyone help with any of my latest questions really unsure wot to do and dont want to waste time in reponding to offer letter that i received today i dont want to take it to far in case i end up with nothing because of the mistakes i made unknowingly at the beginning, please does anyone have any advice i will be most grateful :x:?: :o

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Stay calm. Please read the responses you are getting they provide the answers. You can accept the payment as an installment of the full claim, not in full and final settlement. Specify you intend to pursue your claim , and interest continues to accrue. Stick to you time line.

All your queries can be answered on this site.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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Hi again scaletrose

 

This 'cock up' at such an early stage will not affect your claim negatively, indeed your correction of the matter only illustrates your honesty and integrity and your intention to get things right, which if this matter ever found its way before a judge (it won't:p ) would reflect well on you.

 

 

As for the lastest charge you have incurred, you could try ringing them to get a refund, but if that doesn't work add it on to your spreadsheet and amend your LBA to reflect the new total. If you still get a negative response, then proceed to moneyclaim with the new amended total.

 

In the mean time to help your blood pressure, sit down with a cup of tea and spend a good few hours reading up on all the issues, when you get to Moneyclaim or Court, there are a few slightly more technical bits that you need to understand to get it right, such as a well written Particulars of Claim. (which is available in the templates) Confidence, certainty and knowledge will see you through to recovering all your money.:-)

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Guest Scarletrose

Hi thanx to everyone for the advice and support what would i do without yous, yous have all been so nice and supportive would definetely have given up long before now, as for the advice on a nice cup of tea sounds great have spent all day so far on here and have now got to collect offspring, when i get back i will send template letter from jonni2bad entitled rejection of settlement offer and wait my remaining 12days until i start next step does this template letter of jonni2bad seem right at this stage to decline offer

thank you for your letter dated xx/xx/xx

i respectfully decline your offer of settlement and reqyest once again that you return to me all charges imposed on this account totalling £2419.

i will accept the sum offered only as a part settlement and on the clear understanding that i will pursue recovery of the remainder with a county court claim if necessary.

my LBA sent previously indicates that you have until 14th november 2006 to respond before court action commences. you are reminded that there will be no extension to this timescale.

i trust this clarifies my postion

yours faithfully

 

i will type it out neater obviously but is the wording okay????:confused:

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Yup

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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Guest Scarletrose

feeling much better and have had my nice cup of tea, had a bit of a hard time lecture from unwise family members that think they know it all, because i know the advice and support here is realistic and proven, i have told them that i have found this website and the correct procedure on how to do things but they are saying complete waste of time and advised me on totally worthless routes well we shall see wont we some people never learn and they are currently illadvising other family members as they initially did me, maybe they worked in banks in a previous life?????

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Guest Scarletrose

Hi guys i have been poorly last couple of days i suffer from ME and get really bad attacks sometimes especially when stressed (aaaahh), anyway finally got to post office today (saturday 4/11/06) and sent my rejection to 1st offer from natwest, by special delivery so will be there b4 1pm on monday, just started to cook tea and it suddenly dawned on me that i didnt sign it nor did hubby, is this okay that we didnt sign it does it affect us legally????? would be most grateful to haer from anyone cheers, :rolleyes::confused:

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hi scale

 

if you printed your name at the bottom of letter but didnt sign in actual ink, it doesnt matter at all! I mean how many 'printed' names have you received on the bottom of official letters?!

don't worry, it wont make any difference! I didnt date my LBA and dear old stuart higley wrote back saying sarcastically, 'undated but received here on x date!' i felt such a fool.

 

easily done:grin:

 

sorry 2 hear you've been poorly, get well soon.

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Guest Scarletrose

Hi thanx katesage

do you know how i can change my thread name i dont want to start another thread because i have done this a couple of times before i got the hang of keeping one going and thought every time u asked a question you had to start a new thread, but im learning all the time from my mistakes not the best way to learn i know but it certainly stops u making same mistake twice, having read thru your thread do i need a moderator to do this for me, if so how can i get in touch with one? :confused:

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Guest Scarletrose

PS Katesage i did post u a pm did u get it? have i done that right or is it another mistake for me to learn from?:?:

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Guest Scarletrose

Moderator can i please please please change my thread name to Scarletrose V Natwest, i hope im posting this in the right place, thanx scarlet rose:D :p

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Guest Scarletrose

hi thanx katey do ineed to type bump:-) in myself or is wot u have done for me sufficient thanx so much for all your help katey very much appreciated. debs

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Guest Scarletrose

Hi all im really panicking now just started to read thru the mcol template supplied by jonni2bad in the templates section, i have a few questions

 

1. the date from wen your chgs began is this the date of the 1st chg on my schedule?

 

2. i will be supplying a further copy of schedule of charges, i sent 1 with prelim, 1 with lba do i have to send another one again to the bank if so is there a template letter to accompany it?

 

3. calculating the daily rate of£0.xx, it says £? charges plus £? odraft int (which i am not claiming) total £? x 0.00022 == £? daily basis int, when i am adding the total value of claim together do i include the 8% county courts act ?

 

4. since my original prelim and lba and refusal of offer ltr i have been charged a further £66 in charges can i include these onto my schedule now by adding them onto the schedule even though i havent asked for them before (obviously because i hadnt been charged them before) or do i have to wait and ask for them in a seperate claim?

 

i'm sorry to be so dim i just want to make sure i get it right,any thoughts would be most helpful.

 

ps has any moderators read my post yet on changing my thread name and putting all my threads together, iwill be extremely grateful, pretty plese with a cherry on the top.:confused: :confused:

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