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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
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    • 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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Tumble v Natwest ** WON **


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I have held a number of accounts with Natwest over the years and after going through my statements there are a number of discrepancies not just charges. I had charges refunded on one account on a lba , but did not recieve any response on an lba on a separate account although both were faxed at the same time. I have issued an mcol on this account which has now been acknowledged. On a third and fourth account I have requested statements ( statements for all the accounts were requested at the same time) 9/11/06 and also a copy of a loan agreemant to which i have still had no reply. any advice

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Did you send a Data Protection Act SARs letter and enclose £10 fee ?

 

If so, then they have 40 days in which to comply.

Write to them and point out that they still have not complied with your request.

 

Regards, Rooster.

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thanks for reply . i faxed a letter across today:

 

I am advising you that 35 days have now passed with reference to the attached correspondence from your office.. A request for a copy of the loan agreement was also requested in my fax of the 9/11/06. I am advising that under section 7 and section 15 (2) of the data protection act that on day 40 I will apply to the county court for non compliance of the act. I advise that I will proceed to recover costs . I would also advise that you pass this correspondence to your data controller and highlight for your reference an order issued to Royal Bank of Scotland on 21/11/2006 at Barrow- in -Furness county court for non compliance.

 

I hope this does the trick whether right or wrong

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Received correspondence today, I had requested copy of loan agreemant as interest had been deducted from loan account and from a soul trader account , quite significant sums . They are stating that they cannot find copy of loan agreemant. It was only taken out last October and settled last month and have failed to supply copy statements of the loan. I think they are really dragging their heels with a purpose in mind. I have queried the interest payments on numerous occassions with no response . I intend to reclaim the total interest charges on the loan in with my claim for charges (when the outstanding statements finally arrive ).

 

Since the refund on the ltd account of £945 i have had further charges of £240 of which £35 was very kindly refunded as a gesture of good will. So once again the lba has been sent , however this time i have stated that should i proceed to court i will be claiming administration costs. 13 letters 6 emails, telephone calls, research etc .

 

I am still contemplating whether to apply contractual interest on the soul trader account when i eventually receive a complete set of charges. I havent on personnel account but the longer they drag it out the more i am getting annoyed and more of my valuable time is being taken up with their nonsense.

 

This is just a peronnel view , but if we did start to opt for contractual interest rather than 8% would the banks not speed up their repayments and not want to go near the route of court action. Could a mod possibly respond as I am undecided maybe there are pluses and minisus I would like to hear your view.

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Hi Tumble.

 

For more information about the pros and cons of contractual interest, click on this link.......

 

http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html?highlight=contractual+interest

 

Regards, Rooster.

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Natwest has until today to issue defence on personnel account , spoke wth mcol helpline from midnight tonight i can hit the default button.

I successfully requested statements from oct 1992 to 2000 yesterday. Initially the operator said no chance, so asked to speak to a manager. Rang 0845 711 4477 , I must say that this manager did manage to claw back a degree of credibility in my mind by not spouting rhetoric , he started by going back to 1991 and read out the response which stated the system would only allow him to access the dates from migration (whatever that means) it consequently allowed him access from 1992. However I had stated that I was a member of the consumer action group and was taping the call and that my request for financial history had meant just that. He assurred me that these statements would be with me within two weeks. lets wait and see hey. Its worth a go ,so following the threads on challenging the limitation Act.

 

I also received a letter yesterday requesting I call into branch

"to discuss my requirements once and for all " My requirements are as clear as the nose on my face.

 

keep u updated any comments appreciated

Tumble

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Karnevil here is the letter as mentioned in chat,

 

In response to your letter dated 15th November 2006 regarding the charges on your account . I am writing to agree to your request to refund charges totalling £945.

 

Can I ask you to sign the enclosed copy of this letter as a full and final settlement . May I also point out that the charges are in line with the banks standard tariff which I believe are fair and lawful and that any future charges will apply.If this is satisfactory can I ask you to sign the copy of this letter where indicated and return it to me in the envelope provided.

 

 

I have faxed an amendment today.

 

Dear xxxx

Please accept this letter as an amendment to my faxed response displaying my signature 15/11/06. Please note the signature was in acceptance of a refund and not to your standard tariff of which I challenge to be unlawful.

 

Yours

 

Tumble

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Hi your posts moved friom Welcome to your own thread in Natwest bank group

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Recieved letter from Cobbetts today cpr 18- I faxed this reply along with schedule of charges this relates to personnel account.

 

I acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name:

Account number:

Sort Code:

 

Please also find enclosed a breakdown of all charges I am claiming.

Yours Faithfully

 

Ill keep u updated

 

This site is amazing !!!! and I thank all involved for support

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The Natwest replied to my recent lba by sending me a copy of a letter accepting my previous approach for repayment which did not go past lba

With ref to your letter dated 18/12/06. I refer to your points.

1. The charges applied by the bank are unlawful and my acceptance of a refund does not make them lawful . I find the intention to intimidate that I have signed away my rights which I assure you I have certainly not . As previously advised I have issued a letter before action and I will forward a reviewed schedule of charges .

 

 

Could someone take a look at this reply

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  • 1 month later...

Hi tumble, not seen you around for a while...how's this progressing?

  • Haha 1

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for that Crash theres that many posts going on, didnt think anyone interested in mine :p

Im still perservering . I had a letter from court regarding claim on personnel account giving Natwest till 14 Feb to issue an amended defence. Had a word in bear garden and apparently this is good !!! Been doing a lot of reading up in the forums as preparing another case which isnt quite so straight forward .

I ll keep posting.

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Ok well good to hear it's all progressing nicely :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I think a lot of us may not be on posting on your thread but we are all interested in how it is going. NatWest have to defend on Valentine's day, not the sort of thing you want on that day but hey not too long left.

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Deadline for amended defence was today- rang court cobbetts had not responded. Rang cobbetts stated they had not received order from the court requesting amended defence , but did however have a cheque ready to be sent today for the full amount. :)

 

yippee - donation on its way !!!!!!!!

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Wooohooo, so you're joining the winner's club!! Will give you official congrats when you smell the money!!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

received cheque from cobbetts , however it was just short of court and allocation fee. Rang cobbetts who stated they would forward it on. However what I received was a late amended defence stating that part of claim was time barred. I had already banked the cheq- cant understand why settle a couple of thousand then drag it on for the sake of a couple of hundred. I decided to challenge the strike out application as nothing to lose really Quoted sec 32 1 b and or c to challenge limitation act. Will let you know how I get on .

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tumble, they're probably too disorganised to realise they've short-changed you, and that the claim is pretty much settled. Anyway, all good fun and games....congrats all the same :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Got a "notice of hearing of application" tod way with a date for April, think this is for a strike out of the remainder of the claim which is only quite small by comparison to what they have paid out . Do I need to reply or just wait for the hearing and see if they show up.

 

Thanks

 

Tumble

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I don't think any action is required on your part tumble. I'd just wait until nearer the hearing date. No doubt they'll be on the phone to you again. I really can't see them going all the way to court to dispute a small amount given that they agreed to pay it all in principle.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...

This relates to post 6. In the absence of the loan agreement Natwest have refunded all the interest paid on the loan plus arrangement fees plus £95 in compensation without court action. It was a drawn out process though !!!!!!!!!!!!!!

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This relates to post 6. In the absence of the loan agreement Natwest have refunded all the interest paid on the loan plus arrangement fees plus £95 in compensation without court action. It was a drawn out process though !!!!!!!!!!!!!!

 

Hey tumble............. WOW and CONGRATULATIONS!!!!!!!!!!!........... a brilliant result to cheer you up over the bank holiday weekend! Well done mate xxx :D

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