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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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Lee v Natwest (Natwest Defence Filed)


lsubiela
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Hi all,

Thanks to this god send of a site I have managed to get this far without having to post a thread!

 

I have read from a number of other threads about a Cobbetts CPR 18 Request? When I received a copy of the defence through the post all I received was 3 pages with 6 points and no mention of a part 18 request?

 

My understanding, having read through other threads, is to proceed with the completion of the AQ and reply to Cobbetts explaining all the information they have requested will provided if the judge deems necessery. Is this correct?

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If you have recieved just their defence and no Part 18 request nor a request for further information, you don't need to reply at all.

 

Just fill in the AQ:

 

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

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Thanks Michael,

However it does seem to indicate that they require further information. I have scanned a copy of the defence received and was wondering if anyone could supply me with an email address so as to take a very quick look and give me an idea as to whether I need to respond to this or just simply complete the AQ?

 

Anyones help woould be appreciated I must submit the AQ by the 22nd which is Monday.

 

Regards

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Hi Isubeila, I think we are at the same stage, I received Natwest's defence this morning, same as yours I think, 6 points, no further info required and no CPR 18 mentioned. Will you be sending an acknowledgement receipt? Also, you say that you will be sending yr AQ, did you received one already - I haven't!

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Thanks Enough,

Yes I have already received my AQ but Im unsure how to respond to the copy of the defence they have sent. There is no mention of the CPR 18 and so Im unsure if I need to respond at all?

 

Further to the above cobbetts have made me an offer which is half of what im claiming for I have no intention of accepting this offer but do I need to inform them of my decision?

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I got a copy of the defence direct from Cobbetts then a day or 2 later I received a copy of the defence and the AQ from the court. How long has it been since you received a copy of the defence, i take it this was direct from Cobbetts?

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I file mine today (due on the 22nd), I dont think that by submiting it early will make any difference because you and Cobbetts will both have the same deadline date to file the AQ and you can be sure Cobbetts will not file thiers until deadline date.

 

That is my understanding of it anyway. If anyone knows any different I would be keen to hear about it.

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I file mine today (due on the 22nd), I dont think that by submiting it early will make any difference because you and Cobbetts will both have the same deadline date to file the AQ and you can be sure Cobbetts will not file thiers until deadline date.

 

That is my understanding of it anyway. If anyone knows any different I would be keen to hear about it.

 

 

It is totally down to you when you wish to send your AQ, so long as it's before the deadline.

 

I filed mine early as it gave me great pleasure in knowing it was gonna cost Nat West a further 100 quid. :D

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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Thanks for the replies,

Deller - I have now recived a copy of Natwests AQ from Cobbetts. In part G it reads;

 

'The Claiment has not shown that he has reasonable grounds for bringing the Claim and despite the Defendant requesting that the Claiment remedy the lack of particularity pleaded in the Particulars of Claim, the Claiment has failed to do so.

 

Case management directions cannot be proposed until the Claiment fully particularises his claim. In light of this, the Defendant may amend its defence or apply to strike out.'

 

I understand that the particulars of claim was included in the original claim sent to the court. I used the template from this site so is there any reason they should be asking me to 'Fully particularise my Claim'?

 

Further to the above after I received a copy of their defence, again claiming that I had not properly particularised my claim, I sent the following letter provided from this website.

 

I have received your defence.

I notice that you say that my particulars of claim discloses no reasonable grounds for bringing a claim against the defendant.

I have to say that I find this frankly surprising. I have clearly identified the account contract to which I'm referring. I have made it quite clear the source of the monies which I am claiming is derived from money taken by your clients in respect of my breaches of the account contract and I

have even supplied a detailed breakdown of the charges on a separate schedule. And I have also explained why I consider that the charges are unenforceable and that they are unenforceable at common law.

I will add now that the recent Office of Fair Trading report concluded that bank penalty charges are indeed excessive and in breach of the common law because they exceed the actual costs caused by my breach. It is true to say that the OFT report dealt principally with consumer contracts, but

as there is absolutely no difference in the penalty charges between consumer contracts and business contracts it is clear that there is a read-across from the OFT consumer-oriented report to business accounts.

Finally I have made it clear the total figure which I am claiming.

As I have clearly stipulated

A. The contract

B. The term of the contract in question

C. The wrong which I say you have committed

D. The amount of my damage suffered

I really do not see what else you expect to find in my particulars of claim. In fact I would say that your defence does not answer my particulars of claim in any way and therefore this letter which I am copying to court is my formal request to the court to grant me a summary judgement for the entire sum claimed.

You have a further 6 days to file a proper defence before the date for the submission of the allocation questionnaire and if you do so then I will say now that I will raise no objection to your amendment.

I have noticed quite recently that there are now several cases or on the same bank charges issue which have now been transferred to the mercantile court in London. I also understand that there may be a group action on the same issue and that there may even be an attempt to refer the OFT failure to take their own action.

If you decide that you wish to oppose my application for summary judgement then I suggest that you let me have your amended defence directly as well as filing your copy with the court.

Yours sincerely,

 

Have I anything to worry about? should I send them any further information or just hold tight and wait for information from the court?

 

Regards

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'The Claiment has not shown that he has reasonable grounds for bringing the Claim and despite the Defendant requesting that the Claiment remedy the lack of particularity pleaded in the Particulars of Claim, the Claiment has failed to do so.

 

Case management directions cannot be proposed until the Claiment fully particularises his claim. In light of this, the Defendant may amend its defence or apply to strike out.'

 

 

I have read this far too often, you'd think by now they would have come up with something a little more original.

You've used the POC from this site, and they have been tried and tested many, many times, all successful may I add. This is a typical scare tactic from Cobbetts to try and intimidate you, don't be alarmed by this as it has happened to many others and I'm pretty sure it'll happen to a lot more in the future. So far you've followed the correct procedure and therefore have nothing to worry about. It's now a case of sitting tight and waiting for directions from the court.

  • Haha 1

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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Hi Isubiela, I received Cobbetts AQ today and it says exactly the same as yours, I'm so relieved that someone else has had that response too!!! As you say, I too filled in my N1 form with the POC from the templates library so don't know what they are going on about!!! Have you heard anything else? I hope we don't get a court date!!!!! Let me know!! Good luck!

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The deadline date for my AQ was on the 22/01/07. To date I have heard nothing from the Court or Cobbetts so I gave the court a call this morning just to make sure they had received my AQ and how long I could expect to wait and was told the claim had been passed to the judge and so could expect to hear something within the next two weeks. Im guessing when I hear from the Court it will either be a court date or they have acted on the draft order of directions I sent with the AQ. Hopefully the latter as, from what I have read, this should be the quicker route.

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The deadline date for my AQ was on the 22/01/07. To date I have heard nothing from the Court or Cobbetts so I gave the court a call this morning just to make sure they had received my AQ and how long I could expect to wait and was told the claim had been passed to the judge and so could expect to hear something within the next two weeks. Im guessing when I hear from the Court it will either be a court date or they have acted on the draft order of directions I sent with the AQ. Hopefully the latter as, from what I have read, this should be the quicker route.

 

Hi Isubiela,

I too received exactly the same AQ from Natwest, loada dribble and scare mungering. Frustrating I know, but nothing to worry about.

 

Like me, it's just a matter of waiting for directions from the judge, be it a court date or to extend you POC further.

 

Oh bugger, I never sent a draft order with my AQ. Keep me updated!!!

 

Don't worry, neither did I, it's not obligatory, just another option is all.

: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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In your court bundle, don't you have to put in the actual Terms and Conditions that Nat West were operating under?

 

What if you didn't keep the old T's & C's?

 

If you turn up at court alleging that the terms are unlawful etc, surely you have to quote/show/read them? If you are alledging that they are invalid, the Judge will want to see them, surely?

 

Or is it a case of saying I want the charges back, and they have to prove they were lawful? In which case, can't they just stand there and say "Which Terms are you saying are unlawful? Come on, show us."

 

If you can't produce them, doesn't that blow your case out?

 

You can hardly say that you want to borrow theirs, can you.

 

Or do they have to put them into their court bundle?

 

Sorry, confused again. Court soon!

 

T.O.D.

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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A very good and intersting question, Todge, but one that you should have saved for your own thread:)

I have just gone to national Westminster Banks website and entered in a search for terms and Conditions and have come up with a number of different hits, depending on what account you have. So if you needed them, and in the unlikely event that you actually make it to court before they crumble and pay you in full, then the information is at your disposal.

Hope this helps.

: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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  • 3 weeks later...

I'm afraid that the Court takes as long or short a time as it wants, even then it may not complete all of the parts of the Order it will send you. I sent my AQ in about the end of October, didn't hear a thing for several weeks and then an order arrived minus a court date which it said will be sent at a later date.

The Court date arrived in an order about the end of December - this showed a date of 18 JUNE ! and despite many phone calls they refused to change it.

However I was very lucky and recieved a pay out this week, but it does appear that most claims are settled about 33 days after the AQ date, but don't worry if your claim takes longer as mine did. Cobblers are a rule to themselves

You will get a pay out sooner or later.Dont worry

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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  • 2 months later...

hi isubiela,

 

just wondering how you got on with your case? did they pay you finally?

 

 

 

cheers,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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  • 1 month later...

Have so far done all that i should after trying to get almost £20k yes thats £20k back from NatWest in charges and interest. So far to dat they ignored all request's and letters but last month they did offer me £7k which i ignored. I took them to court and so far they have filed a defence which surprised me after making an offer. Today in the post was a letter from Southend County Court and it states: Upon reading the court file and ofthe courts own initiative IT IS ORDERED THAT the claim is stayed until 13th September 2007. To be refered to District Judge Dudley in paperwork on 13th September 2007.

I guess we must ALL wait and see what the hell this means ! Unless some one here knows ?

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Hi terrykantor, if you start a new thread for your claim in this forum (terrykantor vs natwest) and post the full history of your claim along with details of the court order, we'll be able to advise you better. ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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