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    • TBH gotta be quite frank here as much as we hate BM world. why didn't you not simply change the battery? or come here FIRST before launch a court claim? or let them do it.? a flat battery is gonna be a hard case to win +£500 on     
    • Hi all, thanks for the feedback. I have now made the final amends and included the supporting evidence in this final version of the WS / court bundle. Attached is the redacted version of this final WS / court bundle. If there is any further feedback, please do let me know. If not, I will get 2 copies printed for posting - 1 to the court and the other to Evri. Final Draft - Witness Statement and Court Bundle redacted.pdf
    • We dispute the claim on the basis the claimant has made not efforts to mitigate their losses, nor did they obtain any prior authorisation. The claimant purchased a used Mini Cooper Convertible from our dealership on or around 21st April 2023. On or around 23rd April 2023 the claimant notified ourselves that the vehicle had failed to start, the claimant had since had this diagnosed as a battery. The Claimant proceeded to book their vehicle with Stephen James (BMW/Mini Main Agent) and authorised a battery replacement and paid a total sum of £597.42, the claimant obtained no authorisation for this cost beforehand, and has since tried reclaiming the full amount. We have advised the claimant we would not consider the cost of the unauthorised repair he has had completed. Had the claimant returned the vehicle to the selling dealer, it is likely we would have offered to replace the battery at no further cost to themselves, we have therefore agreed to offer a contribution of £165 towards the repair. This cost is in line with the cost of a replacement battery had the vehicle been returned to ourselves.    
    • You can only get a CCJ if you lose the case and then stick two fingers up to the court and refuse to pay. Even in the very, very unlikely event of you losing, as long as you paid within the 30 days ordered by the court you wouldn't get a CCJ. But you've come here very late and we need the sticky filling in please.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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delta6370 v Natwest **WON**


delta6370
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Hello and welcome Delta,

 

Read all the F.A.Q.s and Step-By-Step Guides. Have a look in your banks forum, read a few threads then start one yourself. Take in as much info as possible, makes the whole process that much easier and quicker.

 

Best wishes with your claim.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thank you for the welcome, I feel at home already :)

 

I want to claim my charges back from Natwest, I still have all the statements and can detail item by item all the charges, from the monthly £14 fee for going into the red (sometimes their fault) and all the £30 charges for direct debits that they said they couldnt pay, even though there seems to have been money in the account, the statements are not very clear and this was just under 6 years ago, but it was their charges that got me in trouble and the only way they seemed to be able to help was with a bank loan!

 

But I am going to read all that I can, what I can and cannot claim for and then get going, though I may have to keep asking for directions.

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Hi Delta,

 

Start a thread in the Natwest Forum, there are lots of people there who will help you along the way. There is a lot to take in and it will take quite a bit of work on your part to get your cash back. I made plenty of mistakes along the way but kept thinking back to how I felt when the bank was taking all my money from me,have a look in the Natwest Success forum, that's sure to give you a lot of confidence.

 

Regards.

 

Scott.

  • Haha 1
Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Welcome to the site.I have moved your posts into the Natwest bank group.

Read up further to plan ahead other threads in this group should give you some pointers.Meanwhile help is never far away should you gt stuck.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Well the first shot has been fired, have spent a few hours this morning looking at what to do and what not to do, then sat down with a coffee, notebook, pen and highlighter and went through the statements.

 

There are instances when I had about £20 in the bank, they bounced a cheque for £30 and charged me £30 for the priveledge! Also it got to a point where the account was consistantly overdrawn due to charges.:mad:

 

Anyway sat and added them all up, and in total it came to £1809, plus £52 in interest charged because they had taken me overdrawn.

 

Prelim letter all done and signed, particulars to the claim all typed up and inserted with letter, just got back from the post office, it has been sent special delivery so that I can track it.

 

So I guess the 14 days starts from tomorrow? and is that 14 work days or 14 days in general? :confused:

 

Fingers crossed, countdown starts here

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It's 14 calendar days. Don't forget, it's you that sets out the timetable, NOT them.

 

Good luck, Delta. We'll all be pulling for you.

 

OB

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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So, I shall be generous and allow them 14 days from tomorrow (well the nice lady in the post office said that I had paid for guaranteed next day delivery).

 

So now we sit back and wait, what can I do in the meantime to be ready should I hear nothing 2 weeks from now?

 

Would be nice if they just said ok here's your money and sent it in time for my birthday in 4 weeks time! :)

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Hi Delta just sit back and read, read and read some more, take in all the information you can so you are prepared for whatever they throw at you, you never know they may pay out without too much of a fight but it is always best to prepared just in case, there are many people on this site always willing to lend a hand if you get stuck, good luck and all the best

 

Lee

:)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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Just had the first letter from Mr Higley, well actually not him, its a pp one.

 

Dated 9th Feb, came today and says.....

 

Dear Delta6370

 

Thank you for your letter regarding charges applied to your account.

 

We are currently considering your claim and will respond to you as soon as possible.

 

Yours sincerely

 

blah blah.

 

So, is the clock still ticking? as today is day 7 of 14, and does this mean that there is likely to be an offer in the post soon? or are they going to let me get to the next stage (LBA)?

 

All help gratefully received

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I think it'll be a forgone conclusion that the LBA will require posting, it usually does, but hey it's still one step closer to the end. :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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Ooooh, Ooooh,

 

Just been to the shop to pay my council tax, and saw the postie about to start his rounds. Called me over and told me that he has a letter for me that needs signing for, so if I wanted, sign for it now and he would then just post it through (he knows I do Kleeneze so knows I am out of the house a lot and going to collect it from the PO would be a major inconvenience).

 

Could this be it? could this be my cheque????? it's not as if they send naff off letters recorded is it!

 

Getting all excited now! :smile:

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  • 2 weeks later...

Ok, getting a wee bit jittery now, the deadline for the LBA is up on Tuesday, and I have heard absolutly nothing since the letter they sent on 9th Feb saying 'thank you we will look into it'

 

So now I know that I may have to be prepared for the next stage, the two letters so far were the easy bits! I sat down yesterday with the spreadsheet and inputted all the charges/dates/amounts etc, and the interest has added just short of £700 to my claim.

 

So, on Wednesday, (assuming that nothing has been forthcoming), I start the claim, I don't have a piece of plastic to pay the court fees with, so will probably have to go upto the court to do it there.

 

I have sat and read through the bumph on here saying what to do, and just want to clarify (don't want to make mistakes), I print off 3 copies of the form yes? fill them all in and then take 2 copies to court along with 2 copies of the spreadsheet? Do I also take copies of the letters that I have already sent to Natwest.

 

I just want to get myself ready so that it is not all last minute stuff, any giuidance/hand holding gratefully received (it's getting scary now)

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Time was up on the LBA on Tuesday, and I haven't heard a dicky bird from them, so I assume that they don't want to give me my money back. Was tempted to phone them and ask why they haven't responded and give them till the end of the week to get the cheque in the post, but thought that maybe that wasn't such a good idea.

 

Can't go up to court to start the next stage until tomorrow, as I don't have any money till then, but, it seems that they are sending cheques out on a Friday, so do I do it tomorrow of leave it till Monday?

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Its up to you, my lba runs out for two of my friends on tueday of next week. Im thinking of sending another letter and holding on a bit longer, my friends are not worried about the interest they just want their money back so this suits them. I am going to phone them tommorow thou if i havent heard anything, i cant see how this will hurt and at least its confirmation that they are dealing with it.

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Well, I just phoned them and the lady that I spoke to said that as they had responded to my first letter that means that they have received it (duh!) and that the matter is being dealt with. She also said that they are dealing with thousands of claims (yay, way to go guys!) and that she cannot give me a timescale and that it will be dealt with in due course.

 

She also said that she cannot tell me not to go further with the claim, that is totally upto me, but I should hear something in writing as soon as they have considered my claim.

 

So basically how long is a piece of string!

 

I think that I am going to email them this afternoon, (will put a read receipt etc on the email) and tell them that I will suspend my filing for 7 days, but if I have not had a refund within that 7 days then I will file at court (I am being generous as it seems that they are obviously overwhelemed with work at the moment)

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Ok, I emailed them, and I got a read receipt and then I got a response!

 

Dear Mrs xxxxxxxx

 

Thank you for your e-mail.

 

I have forwarded a copy of your e-mail to Stuart Higley.

Thank you.

 

Stephen Dix

 

Customer Relations

 

Mmm, lets see if Mr Higley reads his emails!

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