Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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

rbrears v Natwest ::: SETTLED IN FULL


rbrears
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1923 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ok today is the last day for NW to file a defence having acknowledged my claim for approaching 5k

 

Since the MCOL appears to refuse to let us enter judgment online for days after the time limit has expired I'm sending the request for judgment to them by post today so it is in their mail bag tomorrow morning and will hopefully be actioned as soon as it is possible to do so.

 

Maybe the court will also have the defence in its mailbag today or tomorow - We'll see :) Who knows what I might find in my post at home when I get in from work !!

  • Confused 1
Link to post
Share on other sites

a) it comes from solicitors (Corbetts?) based in Mancester

 

b) that they ask you for further information specifically:

 

1.The details of the account

 

2. A list of the charges and when they were incurred

 

3.What you exactly mean by the relevant acts quoted in your court action (if you quoted any that is!)

Link to post
Share on other sites

Snap!

 

Exactly. They are running the service defence. Thats great because I'm ready for that one and it means that the bank are not pleading and therefore not going to be able to lead any evidence of their costs so if the judge does find that their so called service charges are in fact penalties they wont be prepared to deal with that and give any evidence of what the true cost is.

 

Its a stock defence and part 18 request being knocked out by a solicitor who, looking at the law society website, has only been qualilfied for 5 minutes :)

 

Anyway I'm off to prepare my reply to the Part 18 request and my own request to the bank asking for full detasils of each and every service referred to or specified in the banks T&Cs (there are none) and details of each and every service provided in respect of each and every charge applied. I find it hilarious that they ask for details of the accounts (already set out in full in the letter before action which they have) and details of each and every charge (already set out clearly on the statements - copies of which they also have). If this is the best they can do then I'm going to enjoy this.

Link to post
Share on other sites

If this is in small claims you don't have to reply to the CPR 18 request. However I suspect you already know this but are replying in order to put forward your own request.

 

Also i think you replied to my post on the other CPR rule abotu notices to admit facts - It would be interesting if you were prepared to try using that as well.

 

It sounds like you have prepared well against the service charges argument - can you let us know what you main points are (if you're happy to risk posting it here!)?

 

Oh, and good luck of course;-)

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

Link to post
Share on other sites

  • 3 weeks later...

How is this progressing ?

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

Link to post
Share on other sites

Phone call from Cobbetts 10 minutes ago - SETTLED £4.5 k

 

Man am I going to get ****ed this weekend :) :) :) :) :)

 

Can a MOD change the title of this thread to show full settlement please?

 

Survey done - another donation on its way

  • Confused 1
Link to post
Share on other sites

SM_yupi3ti.gif

 

 

 

occasion.gif

  • Confused 1

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

Link to post
Share on other sites

Nice one. Tremendous to have a victory against Natwest. I'm very surprised they didn't go to court though, considering they have done and won in both cases.

 

What did you do differently from the templates if anything? Possibly the wording on the allocation questionnaire did it?

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

Link to post
Share on other sites

Congratulations!! (Thread title changed as requested)

 

 

I'm very surprised they didn't go to court though, considering they have done and won in both cases.

 

If you're referring to Whizzkid & NeilP - these were set-aside hearings not actual claim hearings. Apart from that there has been one case, but that was a long time ago before we had all the support and info we have available now.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Superb news.

 

Gives hope to the rest of us.

 

Tony

Original Claim (9 months charges) put on hold. 25/5

Data Protection Act 6 Years Statements request sent 26/5 (Sent recorded, Lost! Claimed from Post Office 14/6)

New DPA handed into local branch 14/6

LBA for DPA sent 26 July

Link to post
Share on other sites

Dhum dhum dhum, another one bites the dust. Great result - well done!

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Nice one. Tremendous to have a victory against Natwest. I'm very surprised they didn't go to court though, considering they have done and won in both cases

 

Sorry for hijack, I need to clarify this.

 

They have?

To the best of my knowledge, Natwest have defended only once and won (Henry v Natwest) and haven't dared try it since. Can you advise what other one was and your source?

 

Barracad: If you're referring to Whizzkid & NeilP - these were set-aside hearings not actual claim hearings.

That was Abbey, and it was not a win for the bank, that's for sure!!!

 

 

 

Now back to the regular programme:

 

nanarow.gifCONGRATULATIONS!!! nanarow.gif

 

 

 

.

Link to post
Share on other sites

congratulations

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

Congrats from a fellow 'settled'!!! Guess the drinks will def be flowing this w/end!

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

Link to post
Share on other sites

They have?

To the best of my knowledge, Natwest have defended only once and won (Henry v Natwest) and haven't dared try it since. Can you advise what other one was and your source

 

The second was a much earlier one often quoted here but I'm not sure if the original claimant posted details themselves.

 

TBH I'm not sure why they didn't go to court again after Henry vs Natwest but there you go. i was getting worried after that one but rbrears success has now destroyed my doubts.

 

My reason for being mildly cynical is that if I claimed the full amount from my NW account it would add up to around £12,000.

 

At the very least I shall be claiming the small claims limit of £5,000 and I really can't afford to lose the moneyclaim costs so I have been watching any Natwest cases with great interest. Hence wanting to know if rbrears letters differed from the templates at all.

 

If I start feeling confident enough I may just risk it all and go for the full amount plus associated losses and damages.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

Link to post
Share on other sites

Think it was my amended particulars of claim and part 18 request that probably swung it - apart from the banks not having a leg to stand on that is. When I get the cheque I will post the text for use by other NatWesters or give it to BF to do with as he wishes since I suspect it will apply to similar T&Cs from other banks

 

Many thanks for the congratulations. It feels good to have that cash back.

Link to post
Share on other sites

i presume the CPR18 request was asking for the basis of their charges. I also presume they didn't reply to it.

 

They should know that doesn't count in small claims though. I would be surprised if that rattled any half-decent solicitor.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

Link to post
Share on other sites

  • 4 weeks later...
Think it was my amended particulars of claim and part 18 request that probably swung it - apart from the banks not having a leg to stand on that is. When I get the cheque I will post the text for use by other NatWesters or give it to BF to do with as he wishes since I suspect it will apply to similar T&Cs from other banks

 

Belated congratulations!

 

Did you get around to posting the text as above - I've searched high and low but can't seem to find anything?

:p MY POSTS ARE MY OPINION ONLY...IF IN DOUBT TAKE PROPER ADVICE...I'M JUST CLAIMING TOO !

 

NatWest SETTLED IN FULL 25/08/06

Capital One settled in full 12/10/06

LTSB prelim letter sent 25/08/06

LTSB standard prelim response received 02/09/06

LBA sent 15/09/06

DONATE TO THIS SITE BY CLICKING THE LINK AT THE TOP OF THIS PAGE

Link to post
Share on other sites

Thanks :)

:p MY POSTS ARE MY OPINION ONLY...IF IN DOUBT TAKE PROPER ADVICE...I'M JUST CLAIMING TOO !

 

NatWest SETTLED IN FULL 25/08/06

Capital One settled in full 12/10/06

LTSB prelim letter sent 25/08/06

LTSB standard prelim response received 02/09/06

LBA sent 15/09/06

DONATE TO THIS SITE BY CLICKING THE LINK AT THE TOP OF THIS PAGE

Link to post
Share on other sites

  • 2 months later...

Bookworm,you mention Natwest has won one case:

 

NatWest have defended only once and won (Henry v Natwest) and haven't dared try it since.

 

Was this becasue of a particular reason as I am going for a £3.5K claim and they seem to be playing tough on the larger claims?!

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1923 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...