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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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Corsicanpine v Natwest ***WON***


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Hi,

 

SAR sent to Natwest, no info received yet only telephone message and letter received today informing me that my account has been selected for review and to get in touch to arrange an appointment at the bank. Anyone advise?

 

thanks

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Good luck............ and don't let the Nasties get you down!!! :D

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  • 3 weeks later...

Patience is a virtue, and it comes to those that wait. Both quite true dealing with Nat West .Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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  • 3 weeks later...
  • 2 weeks later...
  • 2 weeks later...
  • 2 weeks later...

Received a letter this morning from the Natwest, they apologise for me having concerns, explain that all thier T's & C's are explained when opening an account, they explain that they do sometimes make charges and that,

 

"for these reasons, we do not agree with the basis of your complaint. We believe that the charges we levy are for providing services and that they are not penalties or charges for default. Furthermore we believe that these charges are fair, reasonable and transparent.

 

However, having reviewed your case and as a gesture of goodwill and without admission of liability or error, in this instance we are prepared to offer the amount of £***.00 paid direct to your account.

 

To accept this offer in full and final settlement complete the attached form, blah, blah, blah......."

 

The offer is for my claim of charges but not the £10 SAR fee, 8% interest or the £50 court fee.

 

Anyone advise

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If these charges are for providing services .Why are they stiil offering you a good will gesture ??? If you have not included a claim for interest you will have to accept their offer.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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The 8% interest was this overdraft interest or the court s.69 interest which you cannot claim until you file at court.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Oh right that is clearer. Well the choice is yours Deal or no deal. I would reject the offer and pursue your claim http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html ,but on the other hand the court could say you were unreasonable continuing your claim if you have been offered a full refund of your charges. So you could write or phone Nat West to ask them to pay your £10 sar fee and your court fee. They will write back to you and say no chance in my opinion . So carry on with your claim.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Just come off the phone,

 

The lady I spoke to told me that they are not paying out any interest or court fees, just the charges.

 

As you say, deal or no deal????????

 

I am tempted to take the money and run, but principle tells me to stick it out as it is all my money!

 

If they were prepared to offer me the charges why didn't they do so before I filed at court? They had plenty of time!!

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If the amount you are claiming is relatively small and you are not bothered about losing your court fee,your S.A.R - (Subject Access Request) fee and the court interest then settle. They are so arragant in their attitude. They would not hesitate one second to debit your account as we speak for a £38 returned cheque charge. I would continue it is your right to claim against them and if they cannot return your funds quick enough. Before you start court action that's their bad luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Just to say that if you accept the offer that they have made, Nasty Vest will not pay out until you have cancelled the court action.

 

This is not made clear in the offer letter but it is the line that Customer Services are using.

 

I only found this out yesterday when I chased them for my settlement monies.

 

Good luck

PPMAN159

 

If this comment has helped please click on the scales.

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Then the choice is easy. The court system is in place to help us fight the unlawful acts of these banks. So use it and gain your just rights that alot of people have fought in many wars to keep.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Think I'll take them on, I've come this far!!!

 

They only have 7 days left before I can apply for judgement by default as their 28 days will be up by then.

 

I know that 'winning' that way is not technically a win, but its worth a try!!

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Any win where you get your money back is a win in my book.

 

Also not wishing to put a downer on things but you need to be aware that they may well enter a defence at the very last minute.

PPMAN159

 

If this comment has helped please click on the scales.

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I am aware of that, but is that a norm.

 

My claim seems quite trivial compared to a lot on this site, will they take it all the way for £100 or so more??

 

And why are they prepared to pay me £350ish in the first place, why not rerfuse to pay any??

 

Is it just a ploy so that they can show the court later that they were prepared to pay up most of it but that i refused?

 

Anyway, you have to speculate to accumalate!

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The banks seem to be prepared to let these claims go all the way.

 

I assume that the reason for it is that they hope that if people are faced with going to Court they will either accept the lower offer made to them or not proceed with the claim in the first place.

 

It seems daft that they do not settle for the full amount when first claimed because when it goes to Court and the judgement is made agianst the bank they not only have to cough up the charges but also the Court costs and the 8% interest that you add on.

 

Also they are having to pay for their solicitors time!

 

Daft!!

 

Why take

PPMAN159

 

If this comment has helped please click on the scales.

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