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    • Hi I'm after some help with trying to get my wedding car hire deposit returned. I'll provide a bit of a chronological background to try and keep things clear. January 2020 - Began booking church, venue and other services for our Wedding for 29th May 2021 - 100+ guest during the day, and 200+ on the night. 25 Jan 2020 - Attended Exclusive Wedding Cars (EWC herein). Booked and Paid deposit for 1 Beetle and 3 Camper Vans = £400. Corona came along and we were in and out of lockdowns. Competitions and Markets Authority (CMA) brought out some guidance for Wedding Services 7 Sept 2020. In mid January, we got back in contact with EWC via text, expressing our concerns over the wedding and Government imposed Public Health measures(we were currently in lockdown and no idea when things would return to normal), and that we were looking to move the wedding forward 1 year. 3 Feb 2020 - Emailed to cancel our Wedding date of 29th May 2021, after text had been sent and Steve replied asking for it to be sent via email. We asked if 28th May 2022 was available. 5 Feb 2020 - EWC replied to say they could not fulfill our new date due to other commitments. 7 Feb 2020 - We replied that we would have to cancel our booking with EWC, but would be in touch if dates changed again. 22 Feb 2021 - Government published Guidance (Roadmap out of Lockdown) - Stated, “Not before 17th May…Up to 30 people will be able to attend weddings…”. *Note again our wedding was for 100/200+ guests at the Stadium of Light, so not reasonable to have the same venue for 30 people. 5 Jan 2022 -  Called and spoke with Steve to see if they had any availability (any cars at all) for our date. He was driving and so couldn’t confirm.                         Exchanged some texts on the same day to which he replied in the evening, that they had nothing, but to keep in touch due to cancellations. 15 Jan 2022 - Started an email thread asking about deposits and their return. EWC went straight on the defensive saying we wouldn't be getting it back and we should check the contract. We asked for a copy as we were not given a copy when we booked. 17 Jan 2022 - Emailed to ask for the return of our deposit. EWC replied that since we cancelled within 4 months of the wedding date, they now wanted the remaining balance of £850, and we should check the contract. We asked for a copy of the contract again, and that we would seek legal advice. EWC replied with ever increasing sarcasm, saying we would receive notice demanding the remaining balance of £850 in the post. I replied that if they didn't supply a copy of the contract I would send them a SAR.   20 Jan 2022 - Sent a letter via Post and email, asking EWC to reconsider their position. We stated we believe the contract to have terms that would be deemed unfair; terms that were not clear; there is a ‘Significant imbalance’ concerned with the parties’ rights and obligations, which can be seen as disproportionate financial sanctions; their ‘Terms and Conditions’ appear to seek to remove the consumers rights, while removing their obligations, but allowing them to make an unjustified windfall gain. We also stated that we believe the guidance and statements by the CMA, suggested that since the wedding we had planned couldn't go ahead (we'd be breaking the law with the numbers we wanted) on our planned date, and that a reasonable person wouldn't expect the wedding to go ahead when we cancelled the date, that we should receive a full refund as they were not out of pocket. We gave EWC 14 days to respond...it took them 6 hours, basically refusing our request while coated in lashings of sarcasm and arrogance.   I'm guessing my next step would be Letter before Action? Any help much appreciated. Attached is the "Contract" - removed the signatures, but you can see the whole contract. The booking form has no Ts&Cs or costs of any kind, just addresses, personal info and the vehicles.     EWC-Contract.pdf
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    • So tomorrow your daughter needs to SAR UKPCM, and get a free Certificate of Posting from the post office.  It's a good idea to stick in a copy of I.D./proof of address otherwise they will use lack of to delay.   Let's be quite clear that this is last chance saloon for her.  No-one will remind any more.  If she doesn't SAR them this time then she will have to compile a Witness Statement and then appear in court without having a clue about what happened.  So get the SAR off tomorrow.
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Egough vs Natwest


egough
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Hi Egough, Been a bit busy, so catching up on your situation. Don't worry. Now the AQ's are in you should get your cheque before any date is set for hearing - just as I did. You are nearly out of the tunnel now. Any day now - only slight delay will be if you are not there to sign for the letter and have to collect it from the Sorting Office. Chin up!!!!

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Morning guys, can anyone pls advise me?

 

I've had a letter this morning from Stuart Higley saying:

 

Further to letter dated 29 November 2006 sorry you have concerns regarding charges........we explain our terms and conditions, fees and charges, and have enclosed them. Blah Blah Blah. For these reasons, we do not agree with the basis of your complaint, we believe the charges we levy are for providing services and are not penalies or charges for default, they are fair, reasonable and transparent.

 

However, having reviewed yr case as a gesture of goodwill and without admission of liability or error, in this instance we are prepared to offer the amount of £4,185.50 paid direct to your account.

 

To accept this offer in full and final settlement of your complaint let me know by completing attached form, if you would like to discuss offer further contact us. Should you be unwilling to accept any cuch charges, then we may need to consider if we are prepared to continue to provide you with your existing banking faclilities. INstead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges.

 

I trust this will will resolve yr complaint, however for the sake of completeness I am enclosing a leaflet explaining the options available to you should you wish to take matters further.

 

Financial Services Authority guidelines state that we can regard your complaint as closed if we do not hear from you within eight weeks of this letter. If you do need to take your complaint forward, let me know within this time.

 

I'm wondering if the right hand doesn't know what the left hand is doing at Natwest as I am almost at the end of the litigation stage, AQ's have been submitted and i'm waiting to get a court hearing date!!! I'm claiming for £4,993 and have already not charged the 8% interest to keep my court costs low (losing out on a further £500) so to accept this would mean I would lose about £1k!!! Also, i'm overdrawn £5k and am not able to use by bank account except to pay money in, which i'm doing by installments. NATTIE also said that as i've taken my claim to litigation stage then I will be paid by cheque, which I obviously want (have paracute acc with Barclays). Can anyone pls advise me, would greatly appreciate it. Many thanks

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I would respond with the following:

 

Thank you for your letter dated 9th February 2007.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, and court fees, which together now total £xxxx as of 9th February 2007.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

 

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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Hi Dellar - how's the little one?

 

Thanks for your reply. I have already sent that letter to the previous offer I received a few weeks ago. Do you think I need to say anything along the lines of, will only accept cheque, am now at litigation stage and am prepared to go all the way but if you send me a cheque for the full amount I will cease proceedings against you?

 

Have you heard of anyone else getting a letter like this, i've read hundreds of threads and haven't as yet. And do you agree with Nattie, that I should receive a cheque, this is what worries me the most. THanks for your help, once again x

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It does seem to be the norm for them to issue cheques as appose to money directly into your account, especially after the litigation stages, can't see it being any different in your case.

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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So should I send that letter you posted again and mention this? If I say that i'll accept only as part settlement, would they pay that into the accout though? Again, should I also mention that i'm at litigation stage?

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You need to respond in some form, you could also metion that they are fortunate you've not persued the interest too.

I understand they are allowed to pay refunds into your account if your account is in debt, but at least this would save you on interest payments.

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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I don't want to risk saying i'll take it as part settlement and then they pay it into the account, i've come this far and will kick myself if this happened!! Can anyone suggest anything else? Deller, do you have another response at all? Many thanks

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I've put together this response, what does anyone think?......

 

Dear Mr Higley

 

Thank you for your letter dated 5th February 2007. I respectfully decline your offer of Full and Final settlement and request, once again, that you return to me all charges imposed on this account, and court fees, which together now total £4,975.65 as of 9th February 2007. You are also fortunate that I have not pursed the 8% interest on these charges which would in turn increase my claim a further £500.

You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on 18 December 2006 and I would ask that you now refer this matter to your legal department for further instruction.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

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This looks pretty good to me!!

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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Hi Egough, Strange letter, can't say I've seen it anywhere else - especially at this late stage. Maybe trying to save themselves some money at the very last minute, hoping you are in desperation. Can't see why it's come from Higley's office when Cobbetts are dealing with it formally. If you do reply, make sure you reiterate that you do not agree to any confidentially clauses. They may prefer to offset it against your overdraft if it's that much - but at least it cuts the monthly interest down severely or will eliminate it. I would say hold on and keep on track for full payment. Cheers

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I've noticed that there isn't very many payouts lately is there.....? I bet Cobbetts are having to order their cheque books in bulk!!! Lets hope they send some soon!!! I hate all this waiting mellarchy......

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You may have news sooner than you think.

Just as I've begun to feel rather left out on the payout side of things, low and behold, I call cobblers as I am in the process of printing out my court bundle, and a cheque for the full amount is on its way in the post!!!!!!

Waiting to see exactly how much before I do the victory dance, but at least it's progress.

: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

 

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Yeah I know, it's tough especially when you just want to get on with things.

Patience is a virtue, and for someone like me whom hasn't got a shred, it really isn't worth getting at all frustrated at this stage. Before you know your date will arrive and this seems to be the point when Natwest start playing nice;)

: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

 

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Did you call Cobbetts, or have you decided just to sit back and wait for the dear ole posty to call?

: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

 

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Just called Cobbetts, they agree that we're up to AQ stage and awaiting court date, they will then contact Natwest as to what they want to do next. Also called the court and told them its been 3 weeks already but they couldn't tell me how long it'll be til a court date is set. God this is taking ages!!!!

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Still feeling glum this morning, heard knock at the door and rushed downstairs, postie said to sign for a letter and I asked what it was when I saw it was from Cobbetts. I asked if I could open it straight away but postie said I needed to sign for it first. I asked him my name as I forgot in my excitement, signed and then ripped open the envelope!! Angels started singing and playing their harps and the sun seemed to shine brighter, as there it was, that piece of paper I had been waiting for since Aug 06, a cheque for the full amount!!!!! I nearly snogged the postie!!!! I couldn't stop shaking, and shed a tear or two, I had only bl**dy gone and won!!!! I can't tell you how enormous the relief it, I swear i've aged 20 years!!!! The cheque was dated 07/02 so the buggers had made me wait 3 weeks for that!!! I noticed i'm not the only one with that date so they must send them out in bulk!!

 

I can't thank enough all the wonderful people on this site, and oh, what a site!!! Thank you dellar, Nattie, Muggin73, the Admiral. A donation will be made as soon as cheque has cleared, fingers crossed it will as it has my account number on the payee line. They haven't paid me my £100 for the AQ so will not send discontinuance form back til they do, I think Dellar had a good letter to send them, will look on his thread, want cheque to clear first thats the main thing!!

 

Nothing will spoil my day today, good luck England in the Rugby and i'll be having a few beers tonight (babysitter permitting).

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