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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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TJH28 v Natwest


tjh28
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I have now managed to get through my past 6 years statements on two accounts and I’m now in a position to send out my Prilim letter. I have being dipping in and out of this site for a few weeks now but this weekend I have literally gave up my weekend to read and digest (I suppose in the long run it will be worth it!). I feel I’m more familiar with what I do/don’t need to do but I still don’t feel as confident as I would have liked considering the amount of time going through the threads. What I am looking for is a little assurance and a few things clearing up before I set the wheels in motion and I would appreciate some feedback.

I have utilized the Vampiress spreadsheets, the first being 3a Before Court Without Interest, I believe this is the one that I send out with both my Prelim and Before Action letters (?) I have also prepared spreadsheet 3b From Claim Date with Statutory Interest and I believe this is the one I include with the N1 form (Particulars of Claim) when/if I get to that stage(?).

The above is obviously based on not claiming Contractual Interest which at the moment I’m still not totally comfortable with and I’m going to give further consideration to and do a little more reading before I decide to go via this route or not.

(the following is based of going via the non-Contractual Interest route)

The main query I have at the moment which I not sure about is how to do the claim, ie as one claim for the two accounts or two separate claims. The key reason I ask this is as follows,

I have held two accounts with NatWest for a number of years, a personal one and a joint one with my partner. The charges on the personal one amount to 1311.00 and the joint 3125.00, this gives a total claim amount of 4436.00, which is not a problem and very nice thank you! However, when I include the Statutory Interest as I have done in spreadsheet 3b this brings the total claim to 5485.54 and my understanding is that if a claim is over 5k this complicates things further, ie no longer a small claim? What I’m looking for is a little advice around the best route to take with this and my claim/s.

Your comments and advice will be very much appreciated and I will keep this board updated on my progress.

Regards, T

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Hello there and welcome to the collective. I would suggest that you make two separate claims as that way they will stay in the small claims court.

 

Good luck and don't give up. :)

It's just a waiting game.....

:p;):lol: 8-)

Nat West Won = £4008 03/07 :D

Prelim Letter to Cap One - 25/01/08

Rejection Letter to Cap One - 03/02/08

LBA to Cap One - 11/02/08

S.A.R - (Subject Access Request) Welcome - 25/01/08

Received Statements - 08/02/08

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Thanks for the advice, can I put two separte claims forward at the same time? The answer to this may help in my decision to go for Contractual Interest or not as they would both still be under 5k.

Apologies if this is a obvious answer but again help/advice would be very much appreciated.

Regards, T

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Sorry you've stumped me there and don't know. I'm sure someone will be able to help with this. I would imagine that because its 2 accounts it will be ok, but definitely get a second opinion.

 

Fellow forum users we need your advice.:confused:

It's just a waiting game.....

:p;):lol: 8-)

Nat West Won = £4008 03/07 :D

Prelim Letter to Cap One - 25/01/08

Rejection Letter to Cap One - 03/02/08

LBA to Cap One - 11/02/08

S.A.R - (Subject Access Request) Welcome - 25/01/08

Received Statements - 08/02/08

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Hi tjh

 

Go for two separate claims, the accounts are different and have different charges on them. I have two claims going against GM card MBNA and Nat West.

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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thanks Bicester,

just so I'm clear, I can do two separate claims from NatWest, one against each of my accounts and I can kick these off at the same time? and it makes no difference of the 5k rule if neither are over 5k but collectively they are?

Hope that makes sense and again apologies if the answer appears to be obvious, my head is spinning with all the stuff I have read over yesterday and today!

Regards, T

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Hi

 

Yes.If the accounts are distinct so are the claims the 5k rule is for each case so they can't be added up.

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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