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

Jec vs NatWest ***WON***


jec
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6081 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

new and am completely out of my league. I followed advice form another web site and it did not advise me to send a schedule with my online claim. Have I ruined my chances or will I be able to rectify my mistake and send it on to the defendents solictors?

 

J

Link to post
Share on other sites

  • Replies 93
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Jec.

Have you had notification of transfer to your local court, yet?

As soon as you get it, send a copy of your schedule of charges to the court and quote your claim number. Ask for the schedule to be attached to your claim. Also send a copy to your bank, quoting the claim number.

 

Spend a few days reading the FAQs and the step by step guide in the library section. You will find a lot of essential info there that will answer most of your initial questions.

 

Regards, Rooster.

  • Haha 1

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

My husband and I have a business and advantage gold account with Natwest - been with them 20 years. Never gone into red on our business account. Do all banking via internet. Pay goes into current account via online and on the same day they bounce all my DDs and SOs. Happens so often I phone or visit to complain and ask for it back they say no we are doing this legally to the tune of over 5k in charges so far . Took alot of courage to take on the bank and alot of deliberation.

Filed MCOL and recieved court notice this Monday. Wish me luck.

 

Jec

:!:

Link to post
Share on other sites

jec,

You will win. I succesfully claimed over £25,000 from Nat West, because of charges on my business account. Just do plenty of prep work and reading. Be prepared.

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

Thanks Parkdale have been reading site faq's etc. intensely.

 

May I ask, did you stay with S*atwest or move on? Devil you know and all.

 

Jec

Link to post
Share on other sites

Left them, but the business closed anyway.

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

  • 2 weeks later...

Quick question please,

 

At what timescale should I expect a notification of transfer to my local court? - so that i may send on my left out schedule of charges.

 

Many thanks Jec

Link to post
Share on other sites

Nat west have acknowledged my mcol today, the 21st. Do they get 28 days from today or from 10th June, when they were served or when???? And please, what should I expect to happen now - what do I need to do??? Don't want to blow it.

 

Janice

Link to post
Share on other sites

Nat west have acknowledged my mcol today, the 21st. Do they get 28 days from today or from 10th June, when they were served or when???? And please, what should I expect to happen now - what do I need to do??? Don't want to blow it.

 

Janice

 

Don't panic! They have 28 days from the date your claim was deemed as served to submit their defence. Don't be hasty to try to file judgement against them if they don't submit though - cobblers are notorious for allowing them to submit a late defence (and the courts allow this).

 

Sit back, wait for your claim to be transferred to your local county court, then post on here when you need further info.

 

Hedgey x

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

Thanks Hedgey,

 

OK, will do. 28 days from 10th June (served date) is 8th July. I will wait and see what comes my way. Has anyone gone to court yet with this bank? Or do they always settle in some way or another? Anyway, will no doubt be asking for much needed help before long.

 

Many thanks all,

 

Janice

Link to post
Share on other sites

You'll find that they'll settle jec, but the trick is to be prepared at every step of the way and don't take anything for granted. Wait until you hear something from the courts, then we can advise you further. In the meantime, relax!!

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

:confused: Thanks Hedgey,

I know you say don't worry. But now I am Really confused just been reading other threads and what is a POC??" As I stated earlier I started my process via other web site (really useless one as it turns out). I send SAR only got back statements - no probs. Phoned bank - no help there with charges. Went into branch to challenge officially my charges was told to bogoff. Been in to see them so many times to complain about charges it was no wonder.

 

Then sent letter on 19 may no response. Filed mcol on 5 June. Sent spreadsheet to Mcol and Bank on 18 June. Nat west acknowledged 21 June.

 

I believe I may be one of those you refer to who may have messed it up.

 

Also please clarify what t and c's I need for my account. Been with then 20 years and they changed me to advantage gold when I openned a business account ten years ago.

Link to post
Share on other sites

Also, sorry to sound dumb, my excuse is my age. Found out poc is mcol? right? Don't think we did that stage right at all.

 

As this is a joint acct and my husband's name is on the mcol but our names are on all letters sent out. Can I also attend and if so needed defend in court. Hubby is not the one doing the reading up (better late than never) - anyone???? t&C's that are relevant for a long standing account like mine?????

 

Many thanks Janice

Link to post
Share on other sites

POC is Particulars of Claim, this is the breakdown of what your claim is when submitting it through the courts.

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

Link to post
Share on other sites

Thanks Trish

 

Not sure what to do about that one, as I sent my spread sheet on and it prob crossed in post with NatWest acknowledgement. I believe they will require full details from us in cpr18 as we are total newbies and appear to have lost the plot. Where are your children when you need them??

 

Janice

Link to post
Share on other sites

Any t&c's for NatWest accounts 15 years plus???

 

ANYONE PLEASE:confused:

 

Also, may I please enquire if when preparing my court bundle, do I need to include all six years bank statements (x3 one for each bundle) wow if so that wil be expensive to do.

Jec

Looks like I'm ready to kick *ss and chew bubblegum, and I'm outta gum!!

Link to post
Share on other sites

Jec, write to Customer Relations Unit (Borehamwood address) for your original T&C's as follows:

 

 

Ref: Account number xxxxxxxx

Sort code xx-xx-xx

 

Please forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6© for my claim number xxxxxxxx in the xxxxxxxx County Court.

 

Yours sincerely,

Jec

 

C.c. Cobbetts LLP

 

I actually got this from a post that Steven4064 made a few days ago - so thanks to Steven for the above info - duly pilferred and used for my own T&C's as well!!!! ;)

 

 

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

Cheers for that Hedgey!!!!!!!!!!!!!!

 

Will do it now, for post tommorrow. Also, is it so that I need to provide 3x photocopies for court bundle (one for me(originals - so 2x photocopies) one for defense and one for Judge???)

 

Many thanks in advance

 

Jec:)

Link to post
Share on other sites

Unfortunately, the answer to your question is yes! I'm pretty sure that you only need to copy the statements that have charges on them though. Keep a receipt for the photocopying - might come in handy if you decide to do a waster costs order once you've won!!! xx ;)

  • Haha 1

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

jec

 

Keep a receipt. When they settle out of court (or when they don't turn up in court and you get their defence thrown out) you can apply for a 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

  • Haha 1

 

 

Link to post
Share on other sites

Hi Janice

Interested in your posts which are linking nicely with mine-My papers were served on the same day as yours so I'll keep in touch-keep reading my posts and I'll keep reading yours. Good luck!

Bodgerella

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...