Jump to content


  • Tweets

  • Posts

    • If that was the reason then that is good news. The whole reason that being able to charge £100 for breaching private car park rules is because the law Lords decided in a celebrated case that the rogues had a legitimate interest in keeping their car park spaces available for all motorists . {parking Eye v Beavis]. However when the business is closed then there is no legitimate interest in keeping spaces free so to charge £100 is a penalty. As such any Court would automatically throw out the case when the penalty charge is accepted.
    • gives them a feeling of grandeur. dx  
    • yep they can be a bit like the TV licencing lot. for 4yrs ive been getting a series of about 8-10 diff letters that just go round a loop. currently upto 61
    • thread tidied. new thread for the court claim is here  
    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

barracad v NatWest **WON**


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

Thread Locked

because no one has posted on it for the last 6522 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

Advice needed...

 

Prelim letter sent 16/05/06. Standard reply received today (so obviously didn't even read the letter!)

 

In their response they have made it clear that it is their final reply, so do I need to let the 14 days lapse or can I just move on to the LBA?

 

My understanding is that the Prelim gives them up to 14 days, and by them sending a final reply that stage is over so I should move on to the next stage?

 

All advice appreciated.

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

Absolutely, if they have said no then its time for your LBA.

 

Good luck

 

Nick

NatWest-

Data Protection Act Request sent 12/04 (Statements arrived 09/06/06!!!!!!!!!)

Parachute Account Created 25/04

Preliminary Letter Sent 09/06/06 reply received 14/06/06

LBA Sent 14/06/06 reply received 20/06/06

Moneyclaim request issued 27/06/06

Defence arrived 29/07/06

Offer of 50% from Cobbetts 03/08/06

Settled in full 23/08/06

Link to post
Share on other sites

Received reply today stating there is nothing they can constuctively add to previous correspondence, and that they have alerted their lawyers and litigation department.

 

Moneyclaim here I come!

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

Claim issued today.

 

Claim number 6QZ34017.

 

Amount claimed £3,530 + £120 costs + £741.34 interest

 

(Total £4391.34)

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

whooohooo! Keep us posted!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

Link to post
Share on other sites

  • 3 weeks later...

Received letter today from Cobbetts (Natwest's Solicitors)

 

Dear barracad,

 

Our Client: National Westminster Bank Plc

Claim Number: 6QZ34017

 

We refer to the above matter.

 

Our client considers that your challenge to its charges would fail in Court. Our client believes that its charges are fair, reasonable and transparent. It considers that the amounts debited to your account have been applied strictly in accordance with your agreement with it and its published tariff, which it is satisfied complies with all applicable laws and regulations. Our client is also committed to ensuring the transparency of the information that it gives to its customers about the operation of its products. As such, our client does not believe that your claim has any prospect of succeeding.

 

However, as a gesture of goodwill and strictly on the basis that our client rejects any liability to you, it is willing to offer you a goodwill payment of £1,900.

 

Acceptance by you of this goodwill payment will be in full and final settlement of your claim against our client and strictly on the basis that:-

 

1) you agree not to disclose to any third party the fact of, or any details relating to, this payment:

 

2) you write to the Court withdrawing your claim.

 

Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Court's attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances. This offer will remain open for 7 days until Wednesday 21 June 2006.

 

We look forward to hearing from you.

 

Yours faithfully

 

Cobbetts LLP

 

Now need to think of what to write in my letter back to them telling them I'll carry on til I get the full amount, unconditionally.

 

(For info: Amount claimed is £3530 + £120 court fee + interest up to today 14/06/06 £756.94 = £4406.94)

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

I've just started taking action with Natwest, keep us posted!!! As I would like to see what they say about this.

[SIZE=1][U][COLOR=blue]NatWest Owed[/COLOR][/U]: [COLOR=red]£[/COLOR][/SIZE][SIZE=1][COLOR=red][COLOR=red]622[/COLOR].30 [/COLOR][COLOR=black]Prelim letter sent 28/06/2006[/COLOR][/SIZE]

Link to post
Share on other sites

  • 2 weeks later...

Natwest have sent me a cheque for the full amount, on the condition that it is confidential, and that the claim is withdrawn.

 

I have written to Natwest advising I do not agree to the confidentiality, and as soon as they confirm this is acceptable I will bank the cheque and withdraw the claim.

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

CONGRATULATIONS BARRACAD!

 

Thats such great news. Well done, thats a big hit for Snatchwest. What are you going to spend it on?!

That was pretty quick, you sent your prelim 16/5 and got payment 27/6. Not bad at all.:-)

Link to post
Share on other sites

In a way it's already all been spent!!

 

I'm getting married next year so it will all be going towards that!

 

Good luck to everybody - you will get your money back in full.

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

So did you get the full ammount inc court cost + 8%?

[SIZE=1][U][COLOR=blue]NatWest Owed[/COLOR][/U]: [COLOR=red]£[/COLOR][/SIZE][SIZE=1][COLOR=red][COLOR=red]622[/COLOR].30 [/COLOR][COLOR=black]Prelim letter sent 28/06/2006[/COLOR][/SIZE]

Link to post
Share on other sites

In a way it's already all been spent!!

 

I'm getting married next year so it will all be going towards that!

 

 

Ahhhhhh thats a good thing to spend it on, karmically speaking. my refund will be partially spent on the same, getting married next june.

congrats again, you must feel great.

Link to post
Share on other sites

So did you get the full ammount inc court cost + 8%?

 

Yes. Every single penny!!

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

Congrats once again buddy!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

Link to post
Share on other sites

Well done! Just about to start our action against NatWest and wondered if they had mentioned anything about closing your account? :rolleyes:

: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

Well done! Just about to start our action against NatWest and wondered if they had mentioned anything about closing your account? :rolleyes:

 

No. Touch wood.

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

Well done fella. Im sending my prelim letter today £622.30 owed!

[SIZE=1][U][COLOR=blue]NatWest Owed[/COLOR][/U]: [COLOR=red]£[/COLOR][/SIZE][SIZE=1][COLOR=red][COLOR=red]622[/COLOR].30 [/COLOR][COLOR=black]Prelim letter sent 28/06/2006[/COLOR][/SIZE]

Link to post
Share on other sites

Another question, did you receive the refund in the form of a cheque or was it just refunded back into your account?

[SIZE=1][U][COLOR=blue]NatWest Owed[/COLOR][/U]: [COLOR=red]£[/COLOR][/SIZE][SIZE=1][COLOR=red][COLOR=red]622[/COLOR].30 [/COLOR][COLOR=black]Prelim letter sent 28/06/2006[/COLOR][/SIZE]

Link to post
Share on other sites

Cheque.

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

GREAT NEWS BARRACAD!!

As an ex stokie myself Im dead chuffed duck:)

Ive had all the standard p-off letters myself so this is inspirational

At the moment I'm about 7 days behind you,Ive sent in my moneyclaim and had an acknowledgement of N/W lawer (Ronney)corrbets but not the letter you received yet!!You were brave not to accept the confidenciality clause though

Best Wishes for next year

Tim

Link to post
Share on other sites

So you're one of the lucky ones who has escaped from Stoke?!!

 

How do you cope without oatcakes?

 

Anyway...

 

There's nothing brave about refusing confidentiality - remember you are sueing them - therefore you are in control no matter what they want you to think.

 

You are taking legal action to reclaim unlawful bank charges - how dare they try and bribe you with your own money?!!

 

There is no reason to accept anything short of full settlement, unconditionally.

 

Good luck duck!

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

 

How do you cope without oatcakes?>>

 

I really really miss one of those two...can you guess which?:)

 

Im very angry with N/W for charge after charge,they have made my life a misery,along with Halifax (whom Im also on their tail),its their unfair penalties that

put me behind time and time in the first place,anyhow,Ive had to sell my house to pay for it all...Yep great news this!!

Link to post
Share on other sites

Received a letter from Cobbetts advising NatWest agree that I don't have to keep it confidential.

 

Can cash the cheque at last now! :D

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

RESULT! So pleased for you Barracad it really is inspiring to someone like me who is at a very early stage (only just received my statements) You get so used to the domineering attitude of the bank taking your money almost every month for years that I can't say that I am not really apprehensive about doing it!

 

But, I know I mustn't bottle it because even the return of a few hundred quid would mean so much to us.

Link to post
Share on other sites

Great news boss!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6522 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...