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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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Didn't see the responses above, thanks for the support folks! I've just looked on MCOL and no sign of a defence, though they sent it in the post which I got yesterday as i've been away since Friday.

 

I take it it's not worth pressing the default button now?

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 so I sent back the standard CPR 18 intimidation larks to bopth Cobbetts and the Court yesterday.

 

Today I got a letter from the court with a copy of the defence and an Allocation Questionairre.

 

Any advice anyone??

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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Got another letter from Cobbetts today basically saying:

 

"it's our clients contention that your particulars of claim do not properly particularise your claim. For example our client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable."

 

Which is rubbish because I sent them details of my account (listed on EVERY letter) and a list of charges (which they've had several times now) in response to the CPR 18 request which they say "that the Court of it's own initiative may order" and that "our client objects to your allegation that the Request is intimidating."

 

What a load of rubbish.

 

Any ideas on how to proceed next or should I just wait it out? The court got my AQ and cheque yesterday so i'm wondering if I should just ignore this letter?

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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  • 2 weeks later...

Received the Natwest AQ filled in by Cobbetts this morning. They submitted it to the court yesterday they said, and the deadline is Sept 17th.

 

Hopefully this is nearing the end now. They also know from my AQ (i never sent them a copy, just the AQ to the court) that I am on a tight deadline to resolve this case before I emigrate so hopefully that will speed things up even more now!

 

Dunno how far I am from the finish line, but hopefully it's not far off now... :)

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 am emigrating to Canada at the end of October so my case needs to be wrapped up well before then.

 

I called the court today. I never gave the lady my claim number or gave any info about my case. i just asked about when it would be sorted out as I am moving to Canada. As soon as I said that she sounded like she knew of my case and said my case has been sent to the District Judge today and that I will hear something by the end of the week.

 

Sounds like my case is famous at my local court! LOL.

 

Still, we shall see what happens. Maybe they will speed my case up because I am moving to Canada. Who knows?

 

Watch this thread closely... :)

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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It appears that they have failed to ask or offer anything more than their original defence letter. i'm at almost exactly this stage now, so i expect I'll get this soon. Just a couple of questions:

 

What did they say on their allocation questionnaire. Most people on here have got an absolutely bog standard one, with nothing interesting. The odd person who didn't fill in the moneyclaim etc has got one that is a little more searching.

 

 

:cool:Pl

 

Got another letter from Cobbetts today basically saying:

 

"it's our clients contention that your particulars of claim do not properly particularise your claim. For example our client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable."

 

Which is rubbish because I sent them details of my account (listed on EVERY letter) and a list of charges (which they've had several times now) in response to the CPR 18 request which they say "that the Court of it's own initiative may order" and that "our client objects to your allegation that the Request is intimidating."

 

What a load of rubbish.

 

Any ideas on how to proceed next or should I just wait it out? The court got my AQ and cheque yesterday so i'm wondering if I should just ignore this letter?

SNATCHWEST and NOBBETS no scare me!

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My AQ was bog standard. Just simple yes/no ticks, no extra notes. Just clean cut and to the point, no messing.

 

I wait to hear fromt he District Judge this week to see if it's going to be local or transferred to the Marquis de Sade court.

 

I just hope the Judge takes heed of my forthcoming emigration to Canada and puts in a quick n speedy hearing date, need to get this bad boy wrapped up asap! :)

 

p.s: I never replied tot heir second CPR18 request. I told them once and I sent the info recorded, so if they contest it i'll bloody well show the judge I sent them the info! :)

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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Got an offer today from Cobbetts of £1000!! Gonna partial accept of course and carry on the claim. They said that I won't win in court but as a matter of good will want to offer me £1000. They owe me £1879.56 so thanks, but no 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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Got an offer today from Cobbetts of £1000!! Gonna partial accept of course and carry on the claim. They said that I won't win in court but as a matter of good will want to offer me £1000. They owe me £1879.56 so thanks, but no thanks!

 

Congratulations - that's brilliant news! Of course "you won't win in court". That's why they just bunged you a grand to shutup! Thanks for posting on here; it makes all the rest of us rather less nervous and will hopefully convince anyone thinking of claiming that you can get results!

 

PL

SNATCHWEST and NOBBETS no scare me!

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can you claim back on the charges for bounced cheques

1) Paid Referral Fees- Yes

2) Card Misuse Charge- Yes

3) Default Fee- Yes

4) Unarranged Borrowing Fee/ Excess Borrowing- Yes

5) Unpaid Direct Debit/ Standing Order/ Cheque- Yes

 

Please start your own thread and post your questions and progress there.

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What should I put in this letter in response to the following:

 

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.

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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Same for me, £1200 as partial but they owe me £2424.

 

Gonna accept as partial, letter in library i presume.

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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I WON!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Cobbetts wrote today offering to accept my offer of the full amount although they still want disclosure. Which is fair enough considering i'm moving to Canada and they haven't said they are closing my account!

 

How good? :)

 

I don't have the time to faff about so i'm just accepting it and getting on with it. Cheque should be with me in 14 days it says.

 

In other more important news, the court wrote back and said the following (this is not word for word, I haven't seen my mail today as it's at home, I just phoned home to get the info):

 

The district judge at the county court has looked at my claim and has referred my case to the CROWN COURT for a test case!

 

I'll check it word for word when I get home though just to clarify.

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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Brilliant, brilliant, brilliant. Blimey, looks like things are starting to move then on the test case front. Please don't forget about us and post the exact wording of the letter when you get hom.

 

Congratulations! So happy for you!

 

I bet this is a nice little emigration present for you!

 

PL

 

I WON!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Cobbetts wrote today offering to accept my offer of the full amount although they still want disclosure. Which is fair enough considering i'm moving to Canada and they haven't said they are closing my account!

 

How good? :)

 

I don't have the time to faff about so i'm just accepting it and getting on with it. Cheque should be with me in 14 days it says.

 

In other more important news, the court wrote back and said the following (this is not word for word, I haven't seen my mail today as it's at home, I just phoned home to get the info):

 

The district judge at the county court has looked at my claim and has referred my case to the CROWN COURT for a test case!

 

I'll check it word for word when I get home though just to clarify.

SNATCHWEST and NOBBETS no scare me!

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CONGRATULATIONS!!!!!!!!!

Really really really pleased for you!!

 

Gives us Natwest fighters a glimmer of hope!!!!!

 

Clark xx:p

:p If you like the advice I give or I have helped you in any way, click the scales and let me know about it x :p

 

 

NatWest: £1148.00 (defence filed 3/10/06)

 

Halifax: £2600.00 Letter received 28/09/06 SETTLED IN FULL!!!:lol:

 

Co-op: £1140.00 Cheque received 5/10/06 SETTLED IN FULL

 

Barclays Bank: £510.00 (LBA time up 19/9/06) Offer received of £250.00 thanks but no thanks

 

Barclaycard: £840.00 Half refunded mcol being done for the other half!

 

Capital One: £100 Settled in full after preliminary letter

 

RBS: £38.00 SETTLED IN FULL 14th September 2006

 

STILL TO GO.......

 

Hubbys Halifax visa :p

 

Hubbys Yorkshire bank visa :)

 

Hubbys old Yorkshire bank (closed) account :rolleyes:

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Here is the letter I got from Court (censored to protect moi):

 

 

General Form of Judgment or Order

 

Before DISTRICT JUDGE NAMEOFJUDGEHERE sitting at NAMEAND ADDRESSOFCOUNTYCOURTHERE.

 

Upon neither party attending

 

IT IS ORDERED THAT

 

Directions on this claim are deferred for 14 days, pending directions from the Judge responsible for civil claims at NAMEOFCROWNCOURTHERE on the hearing of a test case.

 

Dated 19 September 2006

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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Sweet

 

Well played mate. I sent my rejection letter yesterday so hoping I should hear something on monday or tuesday.

If I do give you advice please be aware of the following:

 

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.

 

03/10/06 - NatWest Claim Settled in Full to the amount of £2344

 

09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent

 

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Thanks everyone! It's not over yet though, still waiting for the cheque! :(

 

I did send an acceptance letter recorded delivery over a week ago. Seems Royal Mail lost it as it's still not been signed for so i'm resending it tomorrow.

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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The district judge at the county court has looked at my claim and has referred my case to the CROWN COURT for a test case!

 

Is this good news or bad news for the rest of us just starting our claims?

NatWest for £272:Full and final settlement: 13/11/06

Argos Card for £52.50:Paid to Argos account: 10/11/06

Bank of Scotland for £218:Full and final settlement: 25/01/07

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Thats Brilliant Delorean.

 

Its good to hear a success story!

 

Ned

*********************************

NatWest Advantage Premier Account

01-09-2006 - S.A.R - (Subject Access Request) sent

04-09-2006 - NW respond asking for fee

09-09-2006 - New S.A.R and fee sent

23-09-2006 - Statements received

*********************************

IF YOU FOUND MY COMMENTS HELPFUL OR USEFUL PLEASE CLICK THE SCALES. THANK YOU :)

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