Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
      • 160 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

martinpar V natwest ***WON***


martinpar
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6289 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

Not sure what I should do next.

 

I sent NatWest a S.A.R - (Subject Access Request) but didn't send it recorded. Heard nothing after a couple of weeks and no sign of them banking the cheque. I sent a letter reminding them the clock was ticking and if they hadn't supplied the information by the 40 days I would take further action.

 

Got a letter back making no reference to my SAR and saying:

 

I write to you with regards to your recent letter requesting a complete list of transactions and charges applied to your account under the Data Protection Act 1998.

 

To receive a complete list of transactions and charges we can send you a copy of your bank statements.

 

If you would like a copy of your bank statements, I will be happy to arrange this and they will be sent out directly. The fee for this is £5.00.

 

I would be grateful if you if you could forward a cheque made payable to 'NatWest.'

 

If you have any problems please do not hesitate to contact me at the above address.

 

This was from a department called Retail Regulatory Risk.

 

Should I carry on as if they have received my original request or should I start again using recorded delivery this time?

Link to post
Share on other sites

Thanks.

 

I know if it came to a court case the court would always assume a correctly addressed summons would have been delivered to me but my recent experience with the courts makes me think they would believe a solicitor or big institution if they said they hadn't received anything.

 

I shall press on...

Link to post
Share on other sites

Curiously, Natwest must have processed the cheque (which was sent early August) on Monday, because it was back in my bank yesterday. Does anyone think it's because they monitor this forum and worked out who I was as my reminder letter wouldn't have got to them by then.

 

Maybe just coincidence.

Link to post
Share on other sites

i had the same thing with natwest, they completely ignored my first two letters and refused to acknowledge they had them. i now take every letter into the bank and have them stamp, date and initial either a copy (i take with me) or the original and get them to photocopy that so i have proof. i am ashamed to be a natwest customer and if i wasnt so lazy i would dump them, at least i have managed to open accounts with other banks for savings, loans, credit cards etc. natwest are the most unhelpful company i have ever come accross (and i work for the dixons stores group :)). and i would never recomend anyone bank with them,

 

(disgruntled customer awaiting a response to the first letter for requesting repayment of charges).

Link to post
Share on other sites

My SAR with Nat West run out on 9/9, so I sent a letter giving them 7 more days to comply or I will be heading to the court for non-compliance.

Cap One (me)

Data Protection Act sent 15/08

Prem letter sent 23/09 £800

Partial offer £312

LBA sent 04/10

File at court 27/11

/B/C (me)

Data Protection Act sent 18/08

Account pre may 04 ordered statements

11/09

 

B/C (old mans)

Data Protection Act sent 18/08

missing statement letter 29/08

Prem letter sent 26/9 £500 + £1172.00 Est

 

Nat West (joint)

DPA letter sent 28/07

LBA non-compliance letter 11/09

Link to post
Share on other sites

i had the same thing with NatWest, they completely ignored my first two letters and refused to acknowledge they had them. i now take every letter into the bank and have them stamp, date and initial either a copy (i take with me) or the original and get them to photocopy that so i have proof. i am ashamed to be a NatWest customer and if i wasnt so lazy i would dump them, at least i have managed to open accounts with other banks for savings, loans, credit cards etc. NatWest are the most unhelpful company i have ever come accross (and i work for the dixons stores group :)). and i would never recomend anyone bank with them

 

I couldn't agree more. I vowed I would never use them again after a bad experience some years ago but somehow I managed to end up with them again.

Link to post
Share on other sites

As a matter of interest, if NatWest does not respond to a S.A.R - (Subject Access Request) ~ and you have no statements to add up the charges etc ~ how does one proceed to raise a claim for an unkown amount?

 

Please excuse the slight hi-jacking, martinpar!!!:-|

 

You can take 'em to court for non-compliance.

You can use an estimated amount, based on whatever statements/list of charges you actually have.

If you read through some of the longer threads you'll get an idea of how people handle such a situation. ;)

Good luck! :)

-Warms (Alexandra)-

---------------------------------------------

Whatever I post is just my opinion, no more, no less!:!:

.....................................................................

NatWest=>settled in full, no strings!:D

NatWest creditcard=>settled in full, no strings!:D

Link to post
Share on other sites

Got a response to my last chase up letter (which has crossed with my LBA for disclosure) and I'm not sure what she's saying. Is this the normal obfuscation?

 

'With reference to your letter dated the 11th of September advising that you have not received your statements, I have reordered the missing ones today and they will be with you as soon as possible. [haven't seen any yet!]

 

With reference to your request concerning any 'manual intervention' to the administrative charges debited, these charges have been processed in accordance with the terms and conditions of our current agreement with you as a result of the activity on your account. In the event that you breach the terms and conditions, we will take the appropriate action, contacting customers when appropriate, or handling customer enquiries regarding their account status. When a customer has raised a concern in relation to this process, the decision will be communicated to the customer and where appropriate noted on the account.'

 

This is from Joyce E Tudor and I assume it says 'there was no manual intervention but we don't want you to think that.'

Also, I don't have a current agreement with them as the account was closed as a result of being in default due to charges!

Link to post
Share on other sites

  • 4 weeks later...

I sent my LBA on the 14th, giving 14 days before taking action and got a response today from our friend Stuart saying:

 

Thank you for your further letter of 14 October 2006.

 

I regret that there is little that I can add constructively to my last letter and note your proposed course of action. I have alerted our lawyers and litigation department accordingly. May I please remind you that the address to use when initiating legal documents is that of our Registered Office, below.

 

Thank you for letting me know of your intentions.

I assume this is standard at this stage but, as I'm keen to move on with this, is it reasonable to go straight to court now since he has indicated that they will do nothing more?

Link to post
Share on other sites

  • 4 weeks later...

I'm ready to do my Moneyclaim to NatWest. I've used the template in the library but I've had to modify it to ask for removal of default. Could someone who knows tell me if I've got it right?

 

1.The Claimant had an account xxxxxxxx with the Defendant since Jan 2003 2.Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3.Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4.The defendant registered a default with credit reference agencies as a result of these charges. 5.Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term which permits the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 6.Claimant claims: (a)return of the amounts debited of £700; (b)Interest per S.69 County Courts Act 1984 of 8% - £172.08 continuing at 8% until judgment or settlement at a daily rate of £0.xx; ©Default be removed. 7.Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 8.Costs allowed by the Court.

 

Wouldn't want to make a silly mistake at this stage. Haven't worked out the daily rate yet.

 

Thanks.

 

Realised it was 25 lines so tweaked it to fit 24. Hopefully still OK.

Link to post
Share on other sites

Ah, the famous N1 I keep seeing mentioned. I'm beginning to understand now. So I can't do it online. That's a pain.

 

Just so I'm clear: Using the N1 I put everything as I have outlined (except I have room to get it all in) but I have to send it to my local court with the fee? I assume the fee is still the same?

Link to post
Share on other sites

I appreciate that. It's just that I can't really afford it at the moment. At least I could use a credit card online and wouldn't have to pay out for over a month.

 

Ah well.

 

I guess they rely on a lot of people being put off by having to find the money and that's why they hang it out as long as they can.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...