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    • 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
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Delorean vs NatWest ** SETTLED **


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Groovy. So the above is correct? I am claiming back £2337.34?

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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No, the 8% is calculated on each charge seperately, have you used the spreadsheet as this works out the interest for you. When you have that figure you need to include this in the Total Amount Claimed box.

 

 

 

 

 

 

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Sorry for the squillions of questions about this. I just want to make absolutely sure I have it all written down right. Thanks for staying with me on this. :)

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Yep, I used vamps spreadsheet. The charges came to £1397.94 then the interest on it was £262.60 it says at the bottom. The £676.80 interest i just did £1660.54 x 0.00022 to get the 36p then just did number of days since first charge x 0.36. Is that right?

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Aha! I think i've sussed it! It should be like this?:

 

Claimant has account ACC NO. with Defendant from DATE ACC OPENED conducted on their standard terms and conditions. Claimant is claiming the return of £1397.94 taken by Defendant in charges over 6 years.

The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e. In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined

justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 31.05.01 to 24.07.06 of £262.60 and also interest at same rate

up to the date of judgment or earlier payment at a daily rate of £0.36p.

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Michael: I used the simple one (with no coloured boxes etc). It just has:

 

In Respect of:AmountDate IncurredDays since offenceInterest 8% APR

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Argh! LOL This is wrecking my head lol.

 

So it's 31p not 36p? I'm completely and utterly lost now lol.

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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LOL thanks Michael. Soooooooooooooo it is as follows??

 

Claimant has account ACC NO. with Defendant from DATE ACC OPENED conducted on their standard terms and conditions. Claimant is claiming the return of £1397.94 taken by Defendant in charges over 6 years.

The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e. In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined

justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 31.05.01 to 24.07.06 of £262.60 and also interest at same rate

up to the date of judgment or earlier payment at a daily rate of £0.31p.

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Please tell me the above is correct before my face explodes! LOL

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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PMSL!

 

Hahaha thanks! Submitting it right now.

 

Many many thanks to Michael and Alan for your help with this. Gracias. :)

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Ok, claim submitted just now for £1779.56! Here we go sportsfans!

 

Michael, Alan; good job, hit the showers you two!! :D

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Just had another thought about this. Now I have filed my Moneyclaim for this case, do I send a copy of the charges list to the address I served the claim papers to?

 

If so I shall send by recorded delivery tomorrow first thing.

 

What needs to be put on the letter?

 

Just:

 

Dear John,

 

Please find enclosed a copy of the charges brought on my account by NatWest in relation to Claim #CLAIMNUMBERHERE.

 

Regards,

 

Joe Bloggs.

 

???

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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I got the Acknowledgement of Service in the post today from the court.

 

It says they intend to defend all of the claim.

 

What do I do now? I have sent the copy of charges to NatWest registered office when I did the Moneyclaim. Do I send a copy to the court too?

 

What do I do now? Just sit and wait for the 28th day to arrive?

 

Many thanks. :)

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Not had an AQ yet, I assume I will get one?

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Groovy, thanks Michael. :)

 

What sort of time frame does this run on? I mean, they've acknowledged the claim now. How long til I hear from their lawyers? Should I normally hear something within say, 2 weeks?

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Hiya hope you got your default judgement... I wasnt so lucky... they got their defence is on deadline midnight...

 

however... just to let you know the light is at the end of the tunnel.... with me they filed their default... i replied to it and because my claim was over the £1500 I had to go to the court with my AQ and pay another £100... but it all started to go quickly from that point. I had until the 25th of July to get my defense in to thier CPR request.... and did that with a copy of my own for them to respond to.... I got an offer a week later for 50% and then Today a cheque for the whole amount...

 

It only takes approx 2-3 weeks to settle after they defend their claim.... but hopefully you get the default judgement.

 

I will keep my fingers crossed for you.... and hope you get your cheque soon

 

Lynne

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  • 4 weeks later...

Got a letter from Cobbetts today that has a copy of the defence and CPR 18 request.

 

What's next? Not really sure where to proceed from here!

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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