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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
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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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foaf26907 vs Natwest


foaf26907
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Hi I'm asking for refund for my Natwest and My halifax

sent off my DPA Halifax have responded but natwest haven't.

 

DPA sent 13/04

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Hi,

 

Welcome to the forum.

 

The banks have 40 days to comply, so I wouldn't lose any sleep over it yet. However, you may want to give them a little nudge after about 30 days...just so they know you haven't forgotten...as you can imagine, the banks are a little busy with DPA requests at the moment :rolleyes:

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 weeks later...

Phoned Nat West After 35 Days they denied reciept of my letter and I hadn't thought to send it recorded delivery.

Had to start all over again........clock reset

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Haven't heard from Natwest sent LBA - Data Protection Act.

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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  • 2 weeks later...

haven't heard a thing from Natwest. Sent LBA DPA to DPA Manager in the Natwest contact thread. Will give them a call I suppose bearing in mind that it's said to take weeks to hear back from Data commision....

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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  • 3 weeks later...

At last Statements recieved from a colleague of Stuart Higley's.

Sent prelim request with 14 days notice. As they have wasted my time I'm going to cut to the chase - given them 14 days for full refund or action will be taken.

Clock has finally started ticking.

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Stuart Higley says Natwest charges are fair & they won't refund my money.

Letter recieved refund declined . Proceeding with claim.

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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  • 1 month later...

have'nt had a beep out of natwest. well I have had a chance to read through some threads espcially Toilet bandit and it seems I should be waiting for a defence from corbetts with a cpr18 ......

They have until Weds 3rd Aug to file a defence so I'm ready for them...

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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OK 2 days before time up recieved letter from Cobbets

 

We refer to the above matter.

Our client considers your challenge to it's charges would fail in court. Our client believes its charges are fair,.......etc blah, blah, blah

Then on to good will gesture of £1,900 on basis that I don't disclose to third party & withdraw claim.

Gives me 7 days to respond.

 

OK am I right in presuming this is the standard letter Cobbett send before putting in a defence? I have read Toilet Bandit's thread and done a serach in this forum on Cobbett but I couldn't actually find for sure that this is the standard procedure. I am getting really cheesed off with them dragging thier heels but I am ready to wait for what is rightfully mine.

I will of course refuse the offer does anyone have a half decent letter I can use to decline the offer?

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Help Help help,:confused:

 

I've just realised that as the 28 days is up tomorrow does that mean I have to wait for a reply from Cobetts before I can request judgement or am I to request judgement anyway.

 

Can someone anyone out there please help or Pm me or something

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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I don't know enough to answer your question, but most advice I've seen round here seems to be that you really shouldn't accept their offer - hold out for the full amount. Send them a short quick letter accepting their offer in part settlement.

 

Don't panic, it can all be sorted out by tomorrow but you might have to wait for people to get home from work and get online this evening.

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OK have managed to calm down (Thanks cumbria 123)

 

sent off an email to Cobbetts

 

Cobbetts LLP

Ship Canal House

King Street

Manchester M2 4WB

Dear Sirs

Claim No 6XXCCCC

 

Thank you for your letter of 28th July 2006.

However, as you can see from the papers relating to the above claim the full amount being claimed is £3770 which can be broken down as follows:

Reclaim of bank charges £3209

Interest on above sum £441.15

Court Costs £120

Total £3770

As you will therefore appreciate, £1900 only covers part of the claim.

I will quite happily withdraw the claim when the claim has been settled in full.

I look forward to hearing with you in the near future.

Yours

sent it to lynsey.burgoyne@cobbetts.co.uk and have recieved a read reciept.

As I have this as proof letter has been read I'll sit back (calmly) and wait for either deadline to lapse or to file CPR18.

I have found an extensive & detailed version of the cpr18 which I am getting ready to send written by rbrears in the general forum

http://www.consumeractiongroup.co.uk/forum/general/15172-reply-stock-defence-18-a.html

Thanks

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Saw the slot on GMTV this morning! Big up to CAG:D

 

I recieved defence & cpr18 this morning.

Do I need to file an amended POC as Rbears or just send a letter as toilet bandit with my cpr18?

 

The defence document says ....."the particuars of claim do not plead full & necessary particulars concerning the contract between the claimant and the defendant.....no admissions are made as to whether there is a contract between the calimant & defendant........."

 

can someone/moderator/anyone who knows, please respond as I am a bit confused at the best course of action.

pls pls pls some1 respond

Thanks

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Hi Foaf26907

 

Looks like I am aobut a week and a few days ahead of you. I have received the defence (standard), Lynsey Burgoyne is also who sent the defence to me, and I received the Allocation Questionnaire yesterday.

 

As I understand, and I have yet to reply, you dont need to even reply to cobbetts as it is the courts discretion to determine whether the particulars of the claim are unsuitable. I think its a stalling tactic??!! I think we have a few options (based on the threads I have read). Either:

 

1. Ignore cobbetts and just send the AQ back to court

2. Send a letter to cobbetts stating that the CPR part 18 has nothing to do with small claims.

3. Send a letter to cbbetts stating that the particulars are all there in black and white as per your claim, and that Nat West have all the info you need - they levied the charges in the first place.

4. Send a letter with points 2 & 3 and submit a CPR part 18 yourself asking for more information from Nat West.

 

I have yet to decide what best but Lynne (thanks again !!) has emailed me a fantastic letter based on point 4 above that I'll forward onto you. Let me know your email add.

 

Can anyone else (mods) suggest the best course of action or will any of the above do the job?

 

Good luck and I'll keep an eye on your progress.

Nat West, * WON *, 10/2006, £1287

A & L, * WON *, 11/2006, £188

Donation Made to Site

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Thanks have sent u my email address. Have put together a reply based on other postings. Haven't got an AQ yet but expecting it thanks Cumbria123.

 

I'll email letter straight to Lynne directly at Cobbetts. I'm actually trying to move this along as fast as I can now I'm need the money now :smile: so email's quicker than post and I get a read reciept.Hope this is OK though ?

 

Is it OK for me to give them just 7 days to reply when they gave me 14 days to respond to thiers?

 

.

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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I did points 2 to 4 in reply to the defence to my first claim (2 others are a little behind and yet to receive the defence). Then I amended the particulars of claim to the defended claim because I calculated the interest wrongly by £1000, so its back to day one. However, in the amended claim, I filed the paper N1 not the moneyclaim online and so I gave a more detailed claim. I'm hooked. Its WAR.

Its WAR

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Hip hip horray got the cheque this morning full amount £3770!!!:D

 

also got AQ this morning from court do I contact local court case has been transferred to close case?

 

thanks to evry1 for all your help

 

ready to take on LLyods now........

soon as RBS cheque clears I'll definately make a donation.

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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CONGRATULATIONS!!!! :)

 

That's such fantastic news. So glad to hear that people are still getting their cheques. I'm still miles behind, but this makes me feel so much more positive!

 

You're going to have a good weekend!

 

 

S

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Hi Foaf26907...Congratulations on getting your money back.

I'm waiting for confermation that NatWest have been served at the moment.

I was reading what NatWest put in their denence...that part that states:

 

"no admissions are made as to whether there is a contract between the calimant & defendant"

 

How can they claim this? The fact you have given your bank account details in your claim and hopefully included bank statements which shows the charges they have made would clearly indercate that you were in a contract with them. If not, then how could they even attempt to justify putting charges on your account?

NatWest:

**£466.28 Settled In Full 21/08/06**

Halifax:

**Full settlement of £107.52 offerd and accepted 25/10/06**

GE Money:

**£48 settled In Full 19/09/06**

Barclays Bank:

**Full settlement of £90 offered and accepted on 24/10/06**

Alliance & Leicester:

**£170 Refunded In Full 17/09/07 (Charges due to bank error but still had to fight them for almost 3 weeks to get back)**

 

"Thin-de le'hasuan 'aloun'myin-del bpi-de gka-de hasou-de paya"

"Learn the gifts of all sights, or finish in the dance of the fallen gods."

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

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

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Share on other sites

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Thread Locked

because no one has posted on it for the last 6526 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

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