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    • But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
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      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.  

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      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.

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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
        • Like

Little advice before I begin


TINY!
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Hi, firstly ARGGGHHHHHHHHHHHHH!!!!!!!!!

 

Ok thats better.

 

For the past 4 weeks I've been trying to get some charges back (£122.26) since it was their fault I went overdrawn. Back in November I phoned them to request my account be taken from an advantage gold account, to a normal current account. I was told I needed to write to my local branch requesting this and there would be no problem. And so I wrote to my local branch.

 

I heard nothing for a few weeks then when I got my statement in January I noticed that my account was still an advantage gold account. So I phoned my local branch and they say they never received any letter, and it probably got forwarded somewhere else, they had no idea where. So the nice girl told me to write again, making the letter to the attention of herself...I did this.

 

Again I hear nothing for a few weeks, so I phone again, they have no evidence that my letter was sent and told me it probably got forwarded somewhere else...they have no idea where.

 

So this time another lady has asked me to wait til the end of the week to see if the cahrges are revoked and if not, I need to write ANOTHER letter addressing it to her and she'll sort it out. But I wont hold my breath.

 

Ok so my question is, should I sort this out, and get these charges back before I find out how much they owe me in total for the past 6 years, or shall I just go full steam ahead and do both? Any advice would be appreciated. Thanks

 

Tiny.

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Guest dwarren

Hi TINY!

 

Welcome to CAG!

You can only make one claim at a time so I would consider going for the full 6 years worth as opposed to 2 seperate claims. This also alleviates the stress of having to go through this twice!

 

Complete a S.A.R - (Subject Access Request) and send to Natwests registered offices (recorded delivery) with a £10 cheque and they will then have to provide you with statements for the last 6 years within 40 days.

 

Remember to read all the FAQs, stick to your deadlines and you will win!

 

Good luck and don't be afraid to ask any questions!

 

Dwarren

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Cheers very much - they **** me off so much I want to punch something :-|

 

I've got a secondary account already so thats all good, I think I'll do one of those letters now to request the money and send it off tomorrow morning.

 

Does it matter that my account is currently overdrawn and I am subsequently being charged every month for this? Its only overdrawn because they're incompentent idiots though. When I requested my account be downgraded, I was in credit. Idiots.

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sorry for the lone dissenter with regards to the recent mishaps since November but i do need to ask a few questions, was the account opened as advantage gold? was the account downgraded within 90 days of converting it/opening it? Has it been downgraded and has a complaint been recorded over the phone? was the call to the branch or general telephony? Need further info before i can tell you a plan of action for the recent charges and advantage gold

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sorry for the lone dissenter with regards to the recent mishaps since November but i do need to ask a few questions, was the account opened as advantage gold? was the account downgraded within 90 days of converting it/opening it? Has it been downgraded and has a complaint been recorded over the phone? was the call to the branch or general telephony? Need further info before i can tell you a plan of action for the recent charges and advantage gold

 

Thanks for the reply Nattie.

 

Ok...Yes it was opened as an advantage gold account some 4 years (ish) ago. The account has now been downgraded, eventually. I asked back in November 2006, phoned the general Natwest then got put through to my local branch, who said I needed to write to them requesting it. Did so, nothing happened. Phoned my branch again and they said they have no record but all correspondance of that type is forwarded elsewhere. Told me to write to them again requesting it, making the letter FAO the Branch manager. The account was then downgraded, but the charges still stood even though I was told the charges would be revoked due to it being their fault back in November (I had little money in the account, and was charged in December for having an Advantage gold account, which subsequently put me overdrawn, then I was charged for being overdrawn!).

 

I havent officially complained - 2 weeks ago I phoned my branch again because even though I asked to be kept informed of if/when my account would be downgraded, I hadnt heard anything. So I phoned them back and they told me the account had been downgraded but they didnt know anything about the charges (it was in the same letter!!). Told me to write to them...again! Making it to the attention of the girl I spoke to, which I did, heard nothing again so phoned back yesterday to find that the girl was on holiday, they had no note on my account of a letter being recieved and that it had probably been forwarded elsewhere. I was then told to wait til Thursday to see if the charges are revoked, if not phoned them back.

 

Is that everything you need? I hope all that made sense! lol

 

Cheers,

 

Tiny.

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Ok, it should have been downgraded when the letter was received and the final charge should have gone out at the end of December. I would complain on this one to Customer Relations Unit because it should have been dealt with better than that. They should refund that bit coz it is bank error.

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I'm normally a lenient kind of guy, I dont get irate at people doing their jobs when its out of their hands, but I'm really beginning to get peeved off with it all. Do you think I'm best trying to sort this problem out and THEN get onto them with all the charges they owe me within the last 4 or so years? Or just go straight into the main charges and included the money they owe me now...if that makes sense? Cheers for the help.

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up to you really but it should have been treated as a complaint and recorded as such. If the charges are higher earlier on then the charges are the main thing and should have a speedier conclusion

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Will do Nattie thanks a lot. Just printed out the letter, wrote a cheque and will be sending it tomorrow morning recorded delivery. So hope to hear back soon, will post back on this thread once I hear something. Cheers again.

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