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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 
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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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icezebra versus THE WORLD. Erm, well, NatWest at least.


icezebra
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Afternoon all.

After hearing about the bank charge revolution, I decided to 'ave a go myself.

The story so far:

Sent off an SAR, received statements back and totalled up charges.

Total sum of £3320. Interest on the charges at 8% totals £642.88.

I'm claiming a total of £3962.88 back from NatWest.

On the 11th Dec 06, I wrote to NatWest asking for a refund [letter here]. I offered them a 25% discount on the interest only and 7 days to pay me.

No response received.

Wrote again on the 27th Dec 06. [letter here] I advised that they had 7 days to pay, before I launched a court case. Again, no response.

On the 10th January 07. I received 2 letters, acknowledging receipt of both my letters. Both were identical, from Stuart Higley, just saying, "thanks", "we're looking into", "will get back to you". Interestingly enough, both these letters were in complete breach of FSA regulations (I had asked in my first letter that they deal as a complaint pending any court case). They breached on the following points under DISP 1.4.1 in the FSA handbook:

a) Letters not dated.

b) Letter not issued within 5 working days of receipt.

c) No description of my complaint.

d) No timescale given as to when I may expect a detailed response.

e) No telephone contact number.

f) No leaflet enclosed detailing NatWest's internal complaint handling procedure.

g) In addition to the above points, they have not adhered to their own complaint handling procedure as detailed on their website.

Anyway, rather than wait - none the wiser, for a response, I phoned them up yesterday and advised they had one day to pay me before I issued proceedings. Also advised them of their breach of FSA Regs. They refused to make a decision on payment.

Proceeding were issued with mcol this morning. It'll be Monday morning before they get checked / reviewed et cetera. Wish me luck!

On a related note; after reading through the forum, I see that Stuart Higley @ NatWest has in the past been rather prompt. I hope that by being inundated with such cases, the response times are increasing and thus a defence may not be posted in time. Hey, I can dream can't I?

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They are technically in breach of FSA complaints handling guidance not you will reply within 5 days or it is unlawful. They have responded but I think you really needed to have read the FAQ's because 8% is what you can claim at MCOL stage not prior to it. You can claim either contractual interest or not and 8% at MCOL stage. I am sure that others will correct me if I am wrong. The Acknowledgement of your claim will be done within time so please do not think that it will not be. It would be wise to read other people;s experiences of when they filed to prepare yourself as to what is in store. Welcome to the CAG and Good Luck

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Nattie,

 

That's just what I said - NatWest have breached FSA Regulations - the law has nothing to do with that point. I work for a major insurance company dealing with high level complaints - I'm subject to these (damnable :)) regulations every day...

 

8% was requested from them as I felt that if the court would award it, I should claim for it from the start. Now I've launched on mcol, 8% is definite. The last sentence re claim acknowledgement was a joke.

 

As a point of interest, do your employers know you post on here? Are you part of damage control, or CAG's "deep throat"?

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I;ll bump this up the thread so that others can help you and correctly answer the points of interest you raise. As I said at the end, Good Luck.

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Hi icezebra, for fear of being dragged into an arguement,

"As a point of interest, do your employers know you post on here? Are you part of damage control, or CAG's "deep throat"?"

seems a bit harsh,

As you can see from other peoples threads and the amount of posts, Nattie has helped lots of people on this site, i don't know a lot about Nattie but she does give good advice.

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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Lee - it wasn't meant to be harsh, and Nattie, if I caused offence by it, apologies!

 

Being new to the site, I just wondered which side Nattie was on; i.e. a "deep throat" as in; insider; meaning, you're working on our side secretly within NW's ranks... From Lee's response, I guess this to be true!

 

Once again, no offence meant!

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They are technically in breach of FSA complaints handling guidance not you will reply within 5 days or it is unlawful. They have responded but I think you really needed to have read the FAQ's because 8% is what you can claim at MCOL stage not prior to it. You can claim either contractual interest or not and 8% at MCOL stage. I am sure that others will correct me if I am wrong. The Acknowledgement of your claim will be done within time so please do not think that it will not be. It would be wise to read other people;s experiences of when they filed to prepare yourself as to what is in store. Welcome to the CAG and Good Luck

 

NAttie..Just a question re the address for NAtWest (Im not hijacking btw)...Everything of mine went through Borehamwood branch..is this their new policy? They settled mine after prelim letter (last week)..Just thought I'd check :)

Just hate every DCA out there

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I presume you filed your claim today, it will probably be deemed to be served on the 18th or 9th Jan, (you will be notified of acknowledgement) and then the defendant (NatWest) has 28 days to file defence. They almost certainly will. There is some tolerance to the 28 day rule. The process will now followed an established process, with some variables depending on the size of the claim.

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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Icezebra- no worries, sometimes I read things as harsh from the newbies and realise it may be better to pop off the thread concerned so others can help. I would prefer to keep my loyalties to myself, but I think my post count and the threads that I have inputted on speaks for itself. As you are at MCOL bit that is where I leave you as it is out of my depth at the moment. Good Luck

 

pmhcfc- it was a recent change to free up staff, there are a lot of claims but now a cosa nostra exists(a pact of silence) with it being at Customer Relations Unit.

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  • 1 month later...

Right,

 

Things are now getting interesting...

 

I've received a defence and a CPR Part 18 from Cobbetts. I've also received the Allocation Questionnaire.

 

Furthermore I've also now received an offer from Natwest...

 

The offer (made without prejudice obviously) comes to £3280 - The original sum of the charges I was claiming for. This sum was raised to £3320 as another charge came about after my original letter to NW.

 

Including interest and court fees, the total I'm now claiming comes to approximately £4082. I've found a response (on CAG) to the Part 18, and am about to send it to the court with the AQ. I'm including a copy of the offer and also sending a copy of my response and the offer to Cobbetts. At all stages, I'm trying to be reasonable - in my letter that will shortly be sent to Cobbetts, I'm advising Cobbetts I'll now accept £4180 out of court (kindly disregarding £2.88 of small change and further interest accumulated since the date of issue).

 

I phoned NW and asked them if they wanted to up their offer, my reasoning being that if I proceed with the AQ, the claim will raise by another £100 (cost of completion). They declined and said they would not pay interest on charges or court fees.

 

I'm sorely tempted to complete the AQ and proceed to court. Do you guys recommend this action? Do you recommend I accept the £3280? What ramifications will the action of proceeding to court have?

 

Advice sorely needed!

 

Thanks

 

iz

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Ok, I'm going for it.

 

Off to the post office now to send AQ and a letter to Cobbetts. Included with the AQ a draft order similar to SD with a request the Judge orders it...

 

Hopefully, this should expedite matters somewhat, I could do with the money!

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Ok, I'm going for it.

 

Off to the post office now to send AQ and a letter to Cobbetts. Included with the AQ a draft order similar to SD with a request the Judge orders it...

 

Hopefully, this should expedite matters somewhat, I could do with the money!

 

 

Best of luck.

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