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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
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    • 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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jcwacky vs NatWest ###won###


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On 2nd May I sent a letter to NatWest requesting a total of £745 in charges.

 

On 10th May I received a letter saying they were currently investigating my request and would respond as soon as possible.

 

I have not heard anything since, what should my next step be?

 

Thanks

James

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Hi James, welcome on board the nat west forum!

 

If you've sent them your prelim (with schedule of charges attached - 8% interest column hidden) and received their bog standard letter - your next step is to send them the LBA plus another schedule of your charges giving them another 14 days to respond positively to your request. Send the letter to the Borehamwood address recorded delivery - link to the letter is here 3. Letter before action - Consumer version - asking for it back

 

Good luck, hedgey ;)

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Exciting thing happened today!

 

Let me fill you in first: I sent the LBA as Hedgey said. This was sent by recorded delivery on Monday (2nd). In the letter I said the normal stuff, but also added 2 more charges of £38 each onto the total, stated they were new charges since the last request and added them to the enclosed spreadsheet. This brought my total up from £740 (Not £745 as I said in my first post) to £821.

 

However, today I received a letter from NatWest stating all the usual crap but offering me the full original £740 to be paid into my account. Obviously the 2 letters crossed in the post (As I have just moved house and it had to be redirected, I notified NatWest of my new address on Monday).

 

So should I accept the £740? Or should I try and get the 2 new charges of £76 as well? Would asking for the extra £76 put the offer at risk?

 

Also to consider is as I am in Scotland the maximum claim in the Small Claims court is £750, the new charges push me over this limit, so I might not even be able to claim for them if it goes to court.

 

Many Thanks

James

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Hi James............ and wow! How quick was that offer!!

 

I haven't got any knowledge of the small claims system in Scotland whatsoever mate, so I can't really advise you on that one. However, I'd be inclined to phone nat west and say you're really happy to accept the offer but could they add the additional charges on as per your LBA. It can't hurt............. they may even say yes! If it's a no, I'd be inclined to accept............... and then send another prelim asking for the new charges back! ;)

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Thanks for the reply hedgey, I'm not sure if they'd even listen to me on the phone would they? Not sure if it's worth delaying things by sending another letter. Hmmm. I can't decide!

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It can't hurt to phone - use the number that's on their 'gesture of goodwill' letter. Lots of peeps on here phone them to see where they're up to with claims, refunds, etc. You'll never know unless you try! x ;)

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Ok, I'll give them a call tomorrow, there isn't a telephone number on the letter, but in the complaints leaflet that was sent with it there is an 0800 number next to the Borehamwood address. I'll try that and let you know how it goes! Thanks again!

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Ok, here's what happened:

 

I dialled the number marked Customer Relations in the leaflet (0800 015 4112), Option 1 was if you wanted to make a complaint, Option 2 was for anything else, so I chose option 2, as I wasn't complaining about anything.

 

Guy answers, I tell him why I'm calling - That they should ignore the last letter I sent them and asked about getting 2 extra charges refunded. He told me I'd need to speak to Customer Relations and proceeded to give me the number I had just dialled and told me to go to Option 2, I said "Err, I think I've just done that." - he said, you need to go to option 2. I presumed an error had been made somewhere, so I thanked him and proceeded to dial again, and went to option 2.

 

Upon answering I again explained my reason for the call again, to which he told me I needed to speak to customer relations, he also told me he thought it unlikely that I would be able to claim back my 2 extra charges without making a separate claim, as "a lot of work goes into working out each claim". This time he told me he would but me through to customer relations, so I held the line while he put me though.

 

Upon answering I explained my reason for calling for the third time , to which he replied "You will need to get in touch with customer relation about this"!!! (do you see a pattern forming here?) I told him I thought I had just been put through to CR, to which he gave me the number I had just dialled, but this time he told be to go to option 1, even though I wasn't making a complaint. So I dialed again and hit option 1.

 

I finally got through to a woman, to whom I explained my reason for the call to again. She took my account details and made a note to ignore the last letter I had sent. When I asked about getting the 2 extra charges refunded as well, she told me to just put a note at the bottom of the offer form and the claims department would see what they could do.

 

So I got somewhere finally, and it seems promising that I may get the 2 extra charges refunded as well. I shall send off my offer acceptance confirmation and let you know what happens!

 

Roughly how long do they normally take to pay the offer back into your account?

 

Thanks again,

James

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Blimey, they dragged that one out a bit didn't they! If you need to phone them again - try 0845-3030456.

 

But at least you got what sounds like a positive response in the end James - so well done for sticking it out. Let us know what happens - and fingers crossed for you that they add the additional charges to the final payout! xx :)

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WAHOOOO!!!!

 

The full £816 went into my bank account today!

 

That's only 3 working days after they will have received my acceptance confirmation. And they gave me back the 2 charges I had received while waiting for their initial reply, that I asked for at the bottom of the acceptance letter.

 

Thanks for all your advice hedgy!!

 

And thanks to this forum for providing me with so much info, I shall def be donating!

 

James

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CONGRATULATIONS!!!!

That's a brilliant result James - well done......... I'm really pleased for you!

Best wishes, hedgey xxx

:D :D :D

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Did you have to sign any of there condition's? ie, not to claim any future charges??

 

There didn't appear to be any strict conditions if I accepted the offer however in the letter it did say

Should you be unwilling to accept any [future] charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may off you a simple account that does not offer borrowing facilities or other services that can result it charges.

 

My account is currently a student account with an interest free overdraft.

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