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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 
      • 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
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Angelclaire v Natwest - ** WON WON WON !!! **


angelclaire
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I got this letter from them today (in reply to the letter sent with the schedule of charges):

 

Thanks you for your letter of 6 November 2006 and I apologise for any dissatisfaction caused by the application of charges to your account.

 

In your letter you have claimed that we have been acting as your fiduciary, which is not correct. This doesn't form part of the normal banker/customer relationship and if your claim is based on this premise I can only recommend that you seek independent advice.

 

We believe that our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff which, we are satisfied, complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of our products.

 

Much of the recent media coverage on bank charges has been prompted by the Office of Fair Trading investigation earlier this year but that was limited to administration charges on credit card accounts and did not extend to include bank charges.

 

We have considered the Office of Fair Trading's statement of 5 April 2006 and do not accepts its findings in relation to the setting of credit card fees. We are concerned that the Office of Fair Trading has publicly called into question the setting of charges applied to other products, including current accounts. The OFT has restricted its investigation to credit cards and made no attempt to consult with the RBS Group or the industry in relation to other entirely different products.

 

You may be aware that the OFT has recently announced that it is to investigate bank charges as a separate matter and estimate that it could be up to six months before it is in a position to announce any findings. Realistically, it would be fitting to wait for the OFT's deliberations as your letter is based on comments relating specifically to a different issue, namely credit card charges.

 

Consequently, against that background, we must differ with the views you have expressed. Having reviewed your account, I can find no instance where charges have been applied when they were not properly due. They have all been associated with a lack of covering funds in the account at the time items were presented for payment. Accordingly, the charges that have been applied your account should stand.

 

I am disappointed to note that you are contemplating legal action. Whilst I hope that you will feel able to reconsider in all the circumstances, should you decide to go ahead, please ensuer that any Proceedings are served on etc....

 

I suspect that this is unlikely to be the answer you might have hoped to receive but nonetheless thank you etc...

 

NATWEST

 

What does all this mean, and what should I do next?! Help!

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Standard reply... Get to the next stage... Start your claim online (MCOL) or go to your local Court and fill in a N1 form...

Check the templates and other threads to get it right!

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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Hi Angelclaire

 

I got exactly the same letter so that makes me feel better. General consensus of opinion seems to be that you issue the LBA which you will find a template for on this site. Let me know how you get on as I am about to send mine in. Was the letter sent by Stuart Higley??

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This letter is churned out like confetti. File it in the 'laugh and tear up in tray'.

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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You really do not have to worry about this letter, or the contents. Just schpeel.

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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  • 3 weeks later...
Does anyone know why the bank seems to think they are not acting as a fiduciary????

A rather learned member here suggests that the term is better expressed as an adjective than as a noun.

 

As in: "Acting in a fidiciary capacity."

 

But I think it's a backhanded compliment to CAG that they appear to have based their standard sodoff letter on the CAG template !!

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  • 3 weeks later...

I have just entered judgement on HMCS as the Natwest have not entered a defence, or offered me anything (they acknowledged the claim, that's all)... but I see from other threads that they have been putting in a defence on other's claims... have I done the right thing? Could they have put a defence in but I haven't received it? I have had nothing from Cobbetts.

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It won't cause a problem. The bank may enter a defence but the only effect it will have, overall, is to delay settlement by a few weeks.

 

Good luck.

Regards, Rooster.

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There defences are not always delivered within the deadlines, and with the Christmas holidays, and the mass of claims they are dealing with, expect delays.

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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I entered judgement after the 28 days, and it was accpeted (I didn't know there may be a delay because of the Christmas rush) and have since received the defence; I have responded as suggested on here, and on the HMCS Money Claim on line thingie it is saying my Judgement has been rejected... this doesn't mean permanently does it? Help!

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This is quite usual for the defence to be recieved at the very last minute. You just need to wait now for the AQ and your full settlement should be very soon.

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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Ah right, I see, just one other thing, I sent the standard letter to Cobbetts, along with my schedule of charges, and a copy of the letter to Northampton County Court.

 

I have just had an email from HMCS saying it is to be transferred to Burnley (my town) County Court... should I send a further copy to them? It's all very confusing!!

 

Regards and thanks,

Claire.

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It certainly wouldn't hurt to send another copy to Burnley County Court, at least there will be no reason for them to say they havn't seen it then.

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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This is the usal fair Im afriad - and the reason why many people are draftign up complaintletter to the law society - but that another matter.

 

Dont panic you are on track, as Dellar has pointed out to you.

 

take care and keep us informed.

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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I have today received the Allocation Questionnaire.. but I have not yet sent my reply to the Defence/CPR 18 request received from Cobbetts (I was going to send the standard letter as posted by Martin3030, along with my schedule of charges).

 

Should I still send the letter to Cobbetts, AS WELL as completing and submitting the AQ?

 

Thanks,

Claire

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Yes send the letter to Cobbetts along with your scedule and then return your AQ.

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 received my AQ which I have sent off, but with it was a Notice of Transfer of Proceedings to my local court... should this concern me? I have sent the AQ to the correct place, but I'm just worried that the fact that the case has moved to my local court may mean that they are prepared to take it to Court?! Help! Has this happened with anyone else?

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Hello angelclaire.

 

Dont worry its all pretty std stuff.

 

Did you make your claim using MCOL? If so, all claims are processed via Northampton cc (I think it's northampton, anyways:)) and then transferred to a court local to you.

 

Again, this is nothing to panic about, you should be seeing your monies fairly soon!!! However, and in no way to try and disillusion you, there is (as ever) a small chance (and it is only a very, very tinsy-winsy chance) that any one of us could end up in court. This much was made clear prior to going down the small claims path. Seeing as though you have come this far (as have I) I am sure that you have taken the necessary steps and have a gander through the court bundle section in the FAQs? If not, do so, if you have (as have I) STOP worrying, it is now simply a waiting game and Natwest usually crumbles first;)

: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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Hi there,

 

thanks for your reply, but you have scared me slightly, I have looked for the court bundle thing that you've mentioned, but I can't find it, where is it? If it proceeds to Court then I will crumble, I have got so far on a wing and a prayer! Thanks very very much for your response, appreciated.

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You're doing it again...STOP PANICING!!!!!

 

You can find the court bundle in the bank templates libary

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

In the unlikely event that your case actually goes to court then the very knowledgable chaps on this forum are here to assist you all the way..they'll enjoy chewing Cobbetts solicitors up and spitting them out again:D!!!!

 

I hope this helps to avert any future panic?;)

: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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