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

Terry v Natwest *WON*


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

Thread Locked

because no one has posted on it for the last 6228 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

Hi ppl, new here, Just thought I’d let you know of my progress

Sent a DPA letter requesting payment back of default charges to the amount of £3610.00 less interet and received back 5 day’s later, a standard letter asking for a brake down of the total amount for claim.

I sent the second letter thanking them for there prompt reply and giving them all relivent details on a spredsheet again 14 days grace I have given them for a reply, and have they? Not a pep so I have drafted a final third letter as below

I refer to default charges applied to my account that have requested you pay back.

I wrote to you on the 27th February, making the original request for a payment in settlement of my claim. As I have not heard from you to received a satisfactory response, I am writing to inform you I intend to claim the full amount together with interest up to the date of judgment and court fees proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, the sum being £3,610,00 and therefore the court will rule in my favor.

I have attached a full schedule of the charges and interest with this document

The charges and “interest” if court action is to be taken will be £4,809.59. However, if you are prepared to pay to me £4,000.00 within 14 days of the date of this letter (and, for such purpose, time shall be of the essence), I am prepared to accept this lower figure in full and final settlement of my claim.

I look forward for a full response to this letter within 14 days, after that, there will be no further communication from me and I shall issue a claim at the expiry of this third letter and commence court proceedings to reclaim my money.

Yours faithfully,

I will keep you informed as to any reply and hope if they baffle me with a reply that I can't understand, I’ll ask for your kind help.

Link to post
Share on other sites

unstabledude,

Good luck and this might help.http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

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.

Link to post
Share on other sites

Good luck - fingers crossed! :D

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

Or, you could just send the LBA from the library. ;)

..

.

 

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

BINGO' Just got up this morning and a big white envelope from natwest at the door, i was bricking it opening the letter ...guess what' they've made me an offer of £3610.00 Was that quick or what.

Now should i take it an run, cuz i told them i'd settle with £4000.00, with full interest it would be £4800.00 giving them an £800 quid saving

what you think:confused:

Link to post
Share on other sites

Well, only my personal opinion,, but for whats it worth. They certainly caved quick on that one didnt they. Not much work involved for that offer. I would take it all the way to court, see it through to the end. But its your choice. If you want the quick easy route, take the money now, but if you can afford to wait a bit to see it out, then I would go for the full lot. Why let them off some of it. Its your money ??? would they let you off the charges in the first place if you rang them. ME THINKS NOT. Fendy xxxx All the best, whatever you decide.

Link to post
Share on other sites

£800.00 is a lot of lolly but it's for you to decide - my whole claim is only £867.00 so I wish they'd offer me £800:D

NatWest : £857.00 won! March/07

Natwest : Witholding my statements & adding defaults etc , S.A.R sent Jan/08

Natwest for my partner : £2,101.00 won! Feb/07

Studio Cards : Refund for admin charges £108 Won! Dec/07

Complaint made to FOS for P.P.I Jan/08

Nationwide: S.A.R - (Subject Access Request) sent for statements Nov/07 ( waiting to see what happens in the OFT test case )

Littlewoods : defaulted on CCA request Feb/07

DCA's that crawled out from the woodwork and have crawled back : 28 so far!!

My favourite link on CAG:

Click here: Can't Find What You're Looking For? Here's A Complete A-z Index - The Consumer Forums

Link to post
Share on other sites

Just looking back at this thread. If you havent started court claim yet and they have offered you the FULL CHARGES, then I would accept, because I dont think it would be looked up on favourably by a court, if you took them for the interest too, when they had already offered you the basic charges, ALL OF THEM. But if you have already started your court claim, then go all the way for the interest as well. Only my opinion remember. DOESNT MEAN IM RIGHT. Just an opinion. All the best, whatever you decide. Fendy xxx

Link to post
Share on other sites

  • 2 weeks later...

I've accepted the offer the've put forward, could really do with the money right now,than letting it drag on.

 

I would like to thank you for all your assistance. Would anybody know how long natwest take to deposit the money into accounts or do they drag there feet with it?

 

I will donate to the site when the money is in, thank you again:)

Link to post
Share on other sites

Natwest state that from the day they recieve your acceptance letter then it can take 14 working days.

Even though they supply you with a pre-paid envelope make sure you pay for recorded delivery on it ( I'm only saying this because so far I'm still waiting and I'm on the 15th day - without the tracking proof they had signed for it I wouldn't have a valid argument with them that they had recieved it).

Good luck and congratulations:)

NatWest : £857.00 won! March/07

Natwest : Witholding my statements & adding defaults etc , S.A.R sent Jan/08

Natwest for my partner : £2,101.00 won! Feb/07

Studio Cards : Refund for admin charges £108 Won! Dec/07

Complaint made to FOS for P.P.I Jan/08

Nationwide: S.A.R - (Subject Access Request) sent for statements Nov/07 ( waiting to see what happens in the OFT test case )

Littlewoods : defaulted on CCA request Feb/07

DCA's that crawled out from the woodwork and have crawled back : 28 so far!!

My favourite link on CAG:

Click here: Can't Find What You're Looking For? Here's A Complete A-z Index - The Consumer Forums

Link to post
Share on other sites

Good stuff:D

NatWest : £857.00 won! March/07

Natwest : Witholding my statements & adding defaults etc , S.A.R sent Jan/08

Natwest for my partner : £2,101.00 won! Feb/07

Studio Cards : Refund for admin charges £108 Won! Dec/07

Complaint made to FOS for P.P.I Jan/08

Nationwide: S.A.R - (Subject Access Request) sent for statements Nov/07 ( waiting to see what happens in the OFT test case )

Littlewoods : defaulted on CCA request Feb/07

DCA's that crawled out from the woodwork and have crawled back : 28 so far!!

My favourite link on CAG:

Click here: Can't Find What You're Looking For? Here's A Complete A-z Index - The Consumer Forums

Link to post
Share on other sites

Another victory for the good guys.

 

I hope that people are adding their victories to the survey so that we can see the total figure won back increase on a daily basis.

PPMAN159

 

If this comment has helped please click on the scales.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...