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    • 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
      • 162 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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NAtwest are ridulous!!


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Do i have a case?

 

In a nutshell

I checked my bank account 2 days before my car insurance was due and it said i was stil £255 WITHIN my overdraft limit, with my insurance being just £95 i realised i had enough money in the bank for it.

 

Anyway, i got a letter yesterday stating that the direct debit could not come out as i didnt have enough money in my bank, and i'd been charged £38, obviously i was shocked so i went into bank!

 

They said that as my insurance company TRIED to get money that wasnt there they have charged me £38 effectively immediately. Well i obiovusly thought they'd paid the withstanding amount and thats what the charge was for. BUT the direct debit DIDNT come out, I DIDNT lend a penny and i DIDNT go over my overdraft limit, Even after they charged me!

 

So now im at my overdraft limit, my car insuarance hasnt been paid, they'll try get it again on monday, so by monday i ave to now find £94 for the insurance, and £40 for their charges! I dont get paid until Thursday so effectivly i'll get charged ANOTHER £40 when my bank TRY UNSUCCESSFULLY to get the money. Then il have t find £175!

 

I'm a student, so i only work like 15 hours a week!

 

What do i do?

 

(i realise ive posted this in a different forum, im new and didnt know where to post it, so im sorry) x

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Of course you have a case. Try the direct approach initially ( go and see your bank manager first thing Monday morning or telephone them) to sort out the immediate problem, only accept a full refund of charges not partial.

Explain in clear and concise language that the erroneous charges have caused the problem not the way you are running your account.

 

If these are the only charges you can claim back, type out the preliminary letter, (the interest issue will not apply) so easy to type out the schedule.

 

If after your short meeting, (or telephone conversation) you do not get the result, hand the manger your letter, explaining what it is, that a copy will be sent to Borehamwood without delay.

 

He/she may reconsider at that moment.

 

Good luck and come back to this site for more support.

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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Guest NATTIE

Just to add to this did you query if you are £255 within the overdraft why it was bounced if the car insurance was £95?

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Of course you have a case. Try the direct approach initially ( go and see your bank manager first thing Monday morning or telephone them) to sort out the immediate problem, only accept a full refund of charges not partial.

Explain in clear and concise language that the erroneous charges have caused the problem not the way you are running your account.

 

If these are the only charges you can claim back, type out the preliminary letter, (the interest issue will not apply) so easy to type out the schedule.

 

If after your short meeting, (or telephone conversation) you do not get the result, hand the manger your letter, explaining what it is, that a copy will be sent to Borehamwood without delay.

 

He/she may reconsider at that moment.

 

Good luck and come back to this site for more support.

 

oh my god im so confused!

My mother usually handles my accounts for me (as i have been left ahefty amount from my father who died 20 years ago, and all this money is in Natwest stocks and shares)

 

I would understand if i had borrowed the money, but i havent. An if they kept up to date, when i checked my bank it wouldve told me that i didnt have the funds.

Argh, can you private message me the simple step by step action to take?

Ive read the FAQ's and i dont understand. My mother is away on holiday and i need to hopefully sort it by monday befroe another charge is given

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Just to add to this did you query if you are £255 within the overdraft why it was bounced if the car insurance was £95?

 

They said that things id bought the week before hadnt come out of my bank yet. This i understand yes, but why did it say i had this money and could draw it out if in fact i couldnt?

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I will pm you, but there is not much you can do before Monday, apart from prepare. If you have other financial resources with NW then you are in a strong position to negotiate. Don't panic, it will be fine if you prepare, and are steadfast in your approach.

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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Guest NATTIE

I do think you stand a good chance as ataction has said.

I can answer the question but i think we need to focus on getting the charges back.

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Do you have your previous bank statements showing other charges, because you are going to need them, if you want to recover those charges as well. Initially you need a face to face, or telephone conversation with the bank on Monday (tomorrow), along the lines I have previously detailed. Let us know how you get on.

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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Guest NATTIE

If you have previous charges within the last 12 months then no chance on the refund or negotiation. If not then there maybe a possibility. If the OP goes in and talks about unlawful charges etc,etc, then it will be recorded as a complaint and then the case transferred to Customer Relations Unit.

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NSWM as far as I can gather there is only one other charge in the last two years, but not entirely sure, it is all a bit vague.

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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