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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Bicester1 vs Nat West. **WON**


Bicester1
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Well SAR sent Saturday to the Edinburgh address. Response in post yesterday from a Southend address acknowledging and promisng data within 40 days. A start!

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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Another one on their way then!!

 

Good luck to you! ;)

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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  • 2 months later...

Prelim letter got holding reply so LBA sent 7 days ago and counting!

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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  • 2 weeks later...

Well no response to my LBA and the two weeks is up so its off to court with an N1 we go!!

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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In the post this morning a letter from Mr Higley offering to refund in full all my bank charges but no interest!

 

Letter back - thanks but no thanks.

 

N1 off today.

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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I have asked for copy bank statements from Nat West. Credit dew they have replied within 7 days ( starting to get the message) but they are asking for£5 per copy. Is this justifiable or are they trying to regain some of there costs.

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Hi

 

Totally unjustifiable! Make sure your request is framed as an SAR -see the templates on this site - and the cost is only £10!

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

Link to post
Share on other sites

  • 2 months later...

No AQ ordered. Case transfered from MCOL to County Court. Trial date allocated for 17th July small claims track at Oxford County Court in front of District Judge Mathews. Bundles to be exchanged by 16th May.

 

What a waste of trees as we all know they will not defend!

 

Hey ho off to the photocopier we go!

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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Share on other sites

Finishing line coming up fast. You can start to smell the money. :D

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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Morning Parkvale! See you're up early too!

 

Yes I hope so! Interestingly they did offer me my charges back in full but would not budge on the interest.

 

I asked for charges and contractual in my prelim, got an offer of charges only and counter offered to settle for charges and 8%. They bought this with my Nat West credit card but not with Bank Charges, guess must be different parts of the org working to different rules.

 

So any way now Cobblers are involved and won't negotiate so looking forward to Court!

 

Best wishes

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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Share on other sites

I also claimed contractual and half the claim is pre- 6 years. The judge didn't seem to bothered about that and just wanted them to show that if their charges are not penalties then prove it. Which they have to by 28th May.http://www.consumeractiongroup.co.uk/forum/natwest-bank/83479-11-week-wait-interesting.html#post747812

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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Hi parkvale.

 

That is interesting!

 

Had a discussion with a very nice lawyer at Cobblers. Once I pointed out that we now have a court date in July they were much keener to negotiate so I sent them the following:

 

 

Cobbetts LLP

Ship Canal House

King Street

MANCHESTER

M2 4WB

 

Your Ref: LYS/

Our Ref: NW9

 

Wednesday, May 02, 2007

 

BY FAX

 

Dear Ms ***********,

 

************-v- National Westminster Bank plc

 

Claim No:

 

I refer to our telephone conversation of this afternoon.

 

You are aware from our conversation that this case has now been listed for trial before District Judge ********** at Oxford County Court on 17th July 2007. Documents are to be exchanged on or before the 16th May 2007.

 

I would prefer to avoid preparing bundles for a trial which we both know will not happen and therefore we discussed the possibility of an out of court settlement in the hope of avoiding further time wasting and expense.

 

I am willing to accept the return of my charges, plus interest at 8%, rather than the National Westminster contractual rate of 29.9%, plus reimbursement of my costs incurred so far, of the issue fee of £120 and my subject access request fee of £10.

 

You will see therefore that sum is £2216.60 in charges and interest, as detailed on the enclosed updated schedule of charges, + £120 issue fee + £10 S.A.R - (Subject Access Request) fee, which is a total of £2346.60

 

Please note my offer is subject to the following contractual terms, which are that I will not:

 

(1)

a) accept any confidentiality clause

b) agree to accept any future charges on my account as legal

c) discontinue the action until payment is received

 

and that:

 

(2)

a) acceptance is to be communicated by fax to the number above

b) payment is to be made by BACS transfer to a bank account which I will designate, by return, subject to your acceptance of this offer

c) payment is to be made into the designated account by 5pm on Friday 11th May 2007.

 

I appreciate that you may need to revert to your clients for instructions and will leave this offer open until 5pm on Monday 7th May.

 

I believe this represents a reasonable compromise, which I hope that your clients will feel able to accept.

 

If your clients accept my offer, I must state unequivocally, that subsequent breech by them of terms 2b or 2c will mean that I consider the contract repudiated. Under those circumstances I will consider any subsequent payment to my account as part payment of my original claim and will continue my action for the full amount as detailed in my particulars of claim.

 

 

I look forward to your early response

 

 

Yours sincerely,

 

 

 

Lets see if this produces an acceptable offer! I'm quite happy to accept s69 for convenience rather than contractual, which is what they offered me on their Credit Card

 

Let us know how the claim for more than 6 years goes. I'm about to hit Lloyds for 10 years at contractual -fees are about £1500- interest at their contractual is about £13000!

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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The smell of money is now getting overwhelming. ;)

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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Share on other sites

WON WON WON!!!

 

Sent letter above to Corbett's yesterday. Phone call ten minutes ago accepting in full they want to pay by cheque but will send special delivery within 5 days!!! Accepted subject to receiving by next Friday.

 

 

Cobbetts LLP

Ship Canal House

King Street

MANCHESTER

M2 4WB

Your Ref: LYS/RR11362-2558

Our Ref: NW10

Friday, May 04, 2007

BY FAX

Dear Ms ********

*************-v- National Westminster Bank plc

Claim No: 7QZ*********

I refer to our telephone conversation of this morning and my letter of last Wednesday.

I note your counter offer to my claim contained there within of the sum of £2346.60 in full and final settlement of my claim, but that payment is to be made by cheque, rather than BACS, as I stipulated in my original offer.

That is acceptable, subject to the cheque being received by me no later than 5pm on Friday 11th May 2007.

Yours sincerely,

 

 

Seems they will pay up unless you ask for contractual as I previously posted. So tactic has to be to ask for charges and contractual and then negotiate if you want, or hold out to doors of court if you want contractual.

 

Hi ho hi ho its off to Lloyds we go for ten year old charges and contractual which is £13k in interest and £2k in charges..........

 

Thanks to all on this site esp NATTIE and Parkvale.

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

Link to post
Share on other sites

Thanks Zootscoot

 

Definite donation once I get my cheque.

 

There is an important point I would like to make which I think peeps need to be aware of.

 

It seems that Nat West are now offering to refund charges at an early stage, certainly before issue. Given the correct advice in the FAQS and templates about not claiming s69 before issue I think a lot of people will loose out on interest as I think it would be tricky to go back and ask them for interest once they offer to refund charges in full.

 

IMHO therefore I think that the FAQs and the templates need to be amended to advice people to claim contractual from the word go and then negotiate!

 

What do you think?

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

Link to post
Share on other sites

Thanks Zootscoot

 

Definite donation once I get my cheque.

 

There is an important point I would like to make which I think peeps need to be aware of.

 

It seems that Nat West are now offering to refund charges at an early stage, certainly before issue. Given the correct advice in the FAQS and templates about not claiming s69 before issue I think a lot of people will loose out on interest as I think it would be tricky to go back and ask them for interest once they offer to refund charges in full.

 

IMHO therefore I think that the FAQs and the templates need to be amended to advice people to claim contractual from the word go and then negotiate!

 

What do you think?

 

Bicester1

 

Hello Bicester1,

 

So glad to hear you good news,:D well done.

I totally agree about the interest issue.:D :D :D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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