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    • It is not as simple as you seem to suggest. 1. My wife needed the car and there are no local public transport facilities within 2 miles. 2 Neither of us has the technical expertise to change a battery. 3 Not only does the battery itself have to be appropriate for stop/start technology; but also, according to the handbook, has to be registered with Mini by a recognised agent, which I am not, neither is Big Motoring World. 4 The car had to be towed. Where was I going to have it towed to where I could be sure it would be properly dealt with? I couldn't trust Big Motoring World to do it. I couldn't have it towed to just any garage and be sure they had the right battery and the time to fit it. 5 The high sum involved is mainly for the diagnostic test which Big Motoring World asked me to obtain; and they did not initially raise any objection to the car being taken to the nearest main dealer. I would not have got the diagnostic test, if they had not asked for one. So, I understand where you are coming from, but having ignored requests for reimbursement, what else could I have done to recover my lay out?
    • Thank you FTMDave.  I'm happy to make your suggested changes.  I'll wait a day or 2 to see if any of the team have any other suggestions or feedback.  Do I then just email a copies to both UKPC and the court? Lookinforinfo - Unfortunately I am not sure if the signs have since been changed and cannot recall seeing any on the night as it was dark.   
    • The US confirmed it revoked licences allowing the export of some goods to Chinese tech giant.View the full article
    • I can't imagine that EVRi will want a judgement against them on this and based on this argument. I reckon you have a better than 90% chance that they will try to reach out to you before the trial date. They know that what they are doing is thoroughly wrong and dishonest and contrary to law. They are following this thread, of course – and they've already seen this witness statement. I imagine that they are scrabbling around trying to understand how they can extricate this without using too much face. I suppose they will make an offer to you which is a few quid short of your claim in order to say that they were justified in being stupid. Hold out for every penny. It's your money and you deserve it. It's not their money and they don't deserve it
    • New paragraph 47 – If you insert that – and move everything else down then I think you are good to go. Well done on going through the mill on this but it looks pretty good
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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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Bandit v NatWest - The Full Story And Finally**WON**


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Congrats Bandit. Just subscribing!

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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hello everyone!

God this thread is inspiring!

yesterday was the 28th day after filed my claim for court and natwest had filed a defence. I received this today from cobbetts...:D

 

Am aware I don't necessarily need to respond to the CPR18, but in their defence they are requesting information from me eg I have to prove that the charges were in the nature of a penalty by proving "the clauses pursuant to which the charges were applied, and identify in each case the breach of contract". Do I have to respond now about this. or is this what will be discussed in court if it gets there?:confused:

 

If I don't respond to the CPR18, do I just fill in the AQ and wait for a response from court??

Thanks to anyone who can help me, my brain is going numb!! Why can't they just pay the money back?? other people I know have got their money back straightaway. i am worried now that mine is differnet and that is why they are defending it. It is just for charges for the last 6yrs... help!!

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hi all,

 

Im just wondering if this has happened to anyone else.

 

I started my claim with natwest on 6/3/07 with 1st request for refund.

waited 21 days with no reply so sent LBA with 14day deadline.

14 days up today so phoned customer relations, a nice chap called chris told me that a note on my file said on the 20th march my claim had been validated with offer of £6091 letter to follow -21 days.

Its been five weeks since and i have no letter or offer.

Any one else had this situation?

will i be paid or are they just spinning me along?

 

Would appreciate any views>

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Hi gooner90,

 

Yep they said the same to me when I called up wondering if they'd received my letters. Said they had two offers listed on my filenotes, and they would be sent out in the coming weeks. What I did, and what the general advice is - keep to your deadlines and don't be stalled by them saying they are going to send an offer.

 

Good luck!:D

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  • 2 weeks later...

Inspiring story for a newbie like me.

 

Just got to the defence stage and waiting for the AQ.

 

Still got a bit of road to tred but your story has made me realise that there is light at the end of the tunnel.

 

Many congrats and thank you for sharing your story.

 

Good luck and all the best

 

Jim.

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  • 11 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

08-05-06 - Data Protection Act sent to NW

08-05-06 - MP letter sent to Oliver Letwin (Cons, Dorset West)

25-05-06 - Statements and Data Protection Act received (14 days)

07-06-06 - Prelim letter sent to S.Higley claiming £1226.03

09-06-06 - LBA sent, due to negative response

29-06-06 - Claim served (Acknowledged 30-06-06)

27-07-06 - NW's Deadline - received 27-07-06

24-08-06 - AQ received and returned - Deadline 08-09-06 - Both returned

20-09-06 - 1st Offer - £850.00 with confidentiality REJECTED

05-10-06 - 2nd Offer - £1456.80 with confidentiality ACCEPTED

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