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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
      • 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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reddragon v's natwest **WON**


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Hi All,

I'm just about to enter the big wide world of claiming my charges back.

Got all my statements for past six years and found some going back to 1999 though only three charges found for 1999. I'm thinking of claiming for all . Filled in schedule of charges without 8% interest but havent a clue how to claim for or look for overdraft interest any body point me in the right direction!. (Failed gcse maths a long time ago I'm like rodney trotter came away from school with a gce in art). Tommorow going to send off my prelim letter. One question, I get on well with my bank manager and when I first approached her about claiming my charges she pointed me in the direction of this site she also said that when I send my prelim letter I should bring it into the branch and she will forward it to the right people. Should I do this or should I send it myself?. Thanks.:???:

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Hi reddragon, welcome on board the nat west forum!!

 

Wow.......... yer bank manager sounds ace!!! But send the prelim and LBA to this address as these are the peeps who deal with this:

 

NatWest Customer Relations

225 Shenley Road

Borehamwood

Hertfordshire

WD6 1BR

 

I can't be of much help with the overdraft interest lark - I really couldn't work it out. Think you can reclaim the portion of OD interest that's been applied to your account because of charges that have made you go over your overdraft. But seriously, I couldn't work it out so I left it off!! Have a look at these spreadsheets as they may help you to work it out 6. Interest calculation spreadsheets and VAMPIRESS'S CHAMBER OF "CONSUMER ACTI... Don't forget to send your prelim off recorded or special delivery as well!

Good luck, hedgey xxx :p

 

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Its up to you, but I would send the Prelim to the Borehamwood address as thats the correct department dealing with all the claims right now......... with regard to the overdraft interest, its a bit more long winded to do, but well worth it, if youre up to it. The templates for these are all in vamps chambers. I will post the link below:

 

NO WORRIES, HEDGE BEAT ME TO IT, BLESS.

 

SHES A STAR.

 

choose the advanced england spreadsheet to work out the spready with overdraft interest on it,

 

All the best.

 

Fendy xxx

 

And just pop back whenever you need help or reassurance throughout the process. Theres loads of us here to help anyday anytime. Fendy xxx

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Hi,

Looking at my statements I have a few extra pages with basis of charge and debit interest info on. Is the debit interest stated the overdraft interest that I can claim on top of the other charges. Thanks.

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  • 2 weeks later...

Hello,

 

Sent off my prelim letter last week (24 may) was going to send it earlier but after calculating my charges and the overdraft interest it all came to just over five grand!!! nearly fell off my chair. My daughter is hoping for a few weeks in Florida in Aug... Unsure if the calculation for overdraft interest was correct however, I'm sure natwest will be more than happy to let me know if I have overcharged them!!!. If it is wrong I'm sure its not too far out.

 

So thats the first part done now counting down fourteen days till part two. I have claimed for over six years (going back to 1999 but only three charges in 99) Ive based this on the fact that the oft's report of 2006 and the fact that nat west were aware of excessive charges way prior to 99 but chose to not inform its customers. Has anyone else done anything similar if so how did you get on?.

Also as the claim is just over five grand (£350 over) would it be wiser when sending lba to ammend my claim to just under K5 to stay within small claims? . Any help appreciated.

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Hi REdDragon

 

You can only claim that part of the overdraft interest that is attributable to charges - you cannot claim the overdraft interest on 'genuine' overdraft. The spreadsheets in the templates library will estimate the interest you can claim back. You can modify your claim at the next stage.

 

Steven

 

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Hi Steven,

Thanks for your advice I think it would be a good idea if I revised my charges at the next stage and reduced my interest part of the claim though the actual interest I calculated since 99, is £730 and as I was always over my limit every month I may have underestimated the ammount it is very difficult working these things out I wonder if I should hand all my statements over to an accountant friend and see if he can make head or tails out of this.

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Hi all,

 

Recieved letter from natwest today in it it states that to allow me to identify details of charges that I have claimed on my account they have ordered statements covering the period if my claim.

 

To allow me to persue the claim they want me to return the statements with the fees I wish to dispute highlighted together with a covering letter quoting the total ammount claimed.

 

At the bottom they state that any payment will be made as a gesture of goodwill and they think their charges are fair etc.

 

Now then, they said going to send statements covering period of claim I have claimed back to 1999 so I hope they send from that period as I was missing loads of statements for 2000 and if these turn up it will increase my claim no end.

 

Question is is this a usual letter from them?. I recieved this in the prelim stage now wondering do I hold off lba for say a further fourteen days to see what arrives in the post or continue with my claim as per time limits?.

 

I already sent them a schedule of charges in my prelim letter is this a delaying tactic as when I recieve the statements from them they want me to highlight charges on statements and return all is this usual?.

 

Thanks for your help:-) .

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This is a new one to me. I would be inclined to hold of the LBA until you receive the statements because, as you say, there may be charges you don't know about. And, when you send tham back I would be inclined to keep the originals and send tham back photocopies marked up as they suggest.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

 

 

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Hi Steven,

 

thanks for your reply. Was thinking the same thing have'nt seen this any where else within this thread so that is why I was querying it.

 

Yes was looking at sending copies by return will have to go down to staples to buy more ink for my printer do you think I should claim for that as well lol.

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Add it to your wasted costs order at the end (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html)

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

 

 

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  • 4 weeks later...

Hello all.

Well recieved my statements from nat west they even enclosed a few (six) as far back as 1997 and they have charges as well. Re calculated my schedule taking out the interest claim and with the extra statementsthey provided I am down on my original schedule by fifty pence!!!. I think I can live with that. Sending off the claim as per their letter tommorow. However, does anyone know weither I should look at this as a repeat prelim or as lba?. Any advice greatly appreciated. Thanks..

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Send the LBA this time - and attach your updated schedule of charges. Same address as before (Borehamwood).

 

Good luck :)

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.

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  • 2 weeks later...

Thanks,

 

Writing out my lba now as per template however, I am adding a bit more re the info they sent wondering if anyone could look over it.

 

Dear xxx

 

thank you for your letter and request for info of my account. Find enclosed statements highlighted dated from 1997 to july 2007 plus an ammended schedule of charges for same period.

 

You will notice that i have claimed in excess of the six year limitation period. This in my opinion is my right as of the oft ruling of 2006 bringing to your notice that they considered the regime of charges that you have been applying to be unfair and yet you have continued to apply these charges and fees to my account in light of this it is my opinion the limitation of six years is viod.

I calculate that you have taken the sum of xxxx. Then the rest is per template. Anyone see any issues with this?. All help appreciated.

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I can't see any issues with this - but please don't send original statements!! Photocopies only!! ;)

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.

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What hedgey said.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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thanks both for your replies.

yep photocopies of statements all sorted (over three hundred of them) also another set for court if it comes to that and a spare set for me (just in case). So will write out my lba later and post in the morning. Thanks once again for your help.

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Poor trees!

 

I asked my local court if I could submit my bundle on CD - they said no. Oh well!

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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  • 2 weeks later...

Hi all.

 

One week after sending off my lba and in the post this morning is a nice letter from mr higley with the usual blurb re we think our charges are fair blah blah. Then on page two at the very bottom was a however, as a gesture of goodwill they were prepared to pay me just over four grand well as my claim was for four five and as this was going back to 1997 I think this is a result so waiting for the wife to wake from bed this afternoon (working nights and great to have the peace and quiet) to discuss looks like an acceptance of their offer is going to be in the post this evening.

 

I want to thank you all for your help as without this site I would have been four thousand pounds worse off especially Hedgey and steven for their advice. Once the money is in the account a donation will be winging its way to you. I hope everyone has as much luck with their claims as I have with mine. Once again thank you all.

 

Reddragon

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CONGRATULATIONS!!!!

Great result - especially with the pre-6 year charges as well!

Enjoy your winnings........... best wishes xxx :D :D :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.

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  • 2 weeks later...

Well, yes have won but.... after recieving offer from nat west and sending letter of acceptance over two weeks ago still waiting for the money and what should pop through my letter box but yet another letter from them stating that yes you have accepted our offer blah blah. but due to oft issue we have to ask you again if you want to accept our offer.:???:

 

mightily cheesed off thought it would be all done and dusted by now, now have to start all over again with the acceptance. my daughter is waiting for her new bike :mad: which she wants before the end of her summer hols.

 

Interesting three days after sending off the last letter I had a phone call from the manager of my branch asking me to come in for a review of my account!!! I'm not the one playing silly buggers with my money as yet I have'nt been. pretty quick off the mark when it comes to taking money off me but slow giving it back.:evil:

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First time on this NatWest forum but had to post as my son received offer from NatWest today offering him £2,200, which is £300 less than requested but he has accepted as his claim been on-going since Febuary. Strange thing is though is that they said they had wrote to him previously making goodwill offer and since OFT are starting legal proceedings that they are making offer again but he never received first offer letter. They are stating he has 2 months to reply. Further down the letter they apologise for not responding in full to his complaint until now but they together with FSA and OFT think it is necessary to resolve the key legal issues before deciding how they should respond to your complaint. Then they go on about retaining his bank records as this will make it easier for him to support his complaint on resolution of the OFT test case. Letter is totally confusing but I am presuming they expect to lose test case and making offers in "full and final settlement" to prevent having to pay more when they do lose. Bit bothered after 2 weeks you have not received payment suppose they just drag their feet as long as possible but sure they will pay up eventually.

Just want to say to everyone on this site who helped me to get this offer for my son especially "hedgey" Many Thanks could not have doen it without you.

Jammie

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Phoned nat west today as still nothing from them. Was told oh it will be another three to four weeks till you get your money. NOT HAPPY:evil: .

 

SHOW ME THE MONEY!!!!!!!!!!.

I AGREED TO YOUR SETTLEMENT OVER THREE WEEKS AGO AND NOW YOU WANT TO DELAY FOR NEARLY ANOTHER MONTH. NOT ON!!!. As you can tell not a happy bunny. Thinking of taking my daughter to stand outside my local branch with a placard saying NAT WEST STOLE MY BIKE...:evil: :evil: :evil:

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