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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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Clark v Natwest ***WON***


Clarky
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Hi Warms and Jane,

 

Nice to know theres a couple of people at the same stage as me....We can guide each other through it and be spending our pennies at the same time too! :lol:

AQ is sat in the post box outside work waitin for postie to come and take it to Oldham County Court as we speak! So it should be there tomorrow. And now we wait....

 

Ill keep an eye on your thread....not too long now eh?? :confused:

 

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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Good Morning all,

 

Ive just received what i think is a standard letter from Cobbetts. Its this one,

 

'We note your comments on our request for further info. It is our clients contention that your PoC did not properly particularise your claim etc etc etc...'

 

You know the one?? Well I recognise it as one Ive read off here so my question now is do i need to respond and if not, what am i waitin for now??

 

Ta!!

 

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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I got a leeter from Cobbetts this morning saying that i didnt describe in deatil my POC and if i dont repsond to this then they will make a strike against the court, i have 14days from yesterday!

 

I need to fill in form N244, do you have to aslo to amend your POC, if you are what do you write on the form, i just wanna make sure i do it right?

 

cheryl

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Hi Sheza,

 

My letter didnt mention anything about my PoC being incorrect/incomplete.

 

It was a letter in ressponse to my cpr18 rejection letter saying that they are not being intimidating etc

 

Can anyone advise if I need to respond to this or just ignore it?? They dont appear to be asking me to do anything

 

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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Hi Clarky,

I got the same letter last week and I'm just proceeding with my AQ as I've already sent them my spreadsheet, account details etc. It seems to me that their letters are sent out regardless of what they've actually received

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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Hi Baldrick and thanks for the quick reply!

 

Ive already sent my AQ to the court and i just phoned them up and they said a judge will look at the case and i should hear something in 1-3 weeks!!!

 

Have anyone else known it to be this long?? I thought I might get an offer from Cobbetts or something before I hear from the court??

 

Advice please??

 

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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I got the letter you mentioned today, Clarky. I'm not doing anything - like you said, they're not asking, and I have supplied the Court with all the info they asked for.

-Warms (Alexandra)-

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

Whatever I post is just my opinion, no more, no less!:!:

.....................................................................

NatWest=>settled in full, no strings!:D

NatWest creditcard=>settled in full, no strings!:D

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Cheers Alexandra, thanks for the reassurance!!

 

Copy of Natwest AQ in post today so ill just see what happens next

 

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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Well, i think im drawing to the end of this but someone please correct me if I am wrong.

 

Today I received a letter from Cobbetts offering me 750.00 in full and final settlement on my claim which is 1200 ish going up by 0.21p a day since 31/08/06

 

Now I know that I need to decline and let them know I want the full amount but I was wondering if there was a template anyone can let me pinch! Also the letter states they think its entirely reasonable offer and will bring it to the attention to the court if I decline. Is this normal and should I be worried about declining?? Also, what is peoples timescales of getting full settlement after declining??

 

Thanks in advance

 

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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Lovely - same day. I just phoned to decline the offer, she said sorry but you'll have to put it in writing. Suppose it means they ain't gotta pay out the full amount any sooner than they have to. I'll get it in post tomorrow.. if, like you... i find a template!

 

Good luck! :-)

NatWest Visa - recieved a letter from court wanting more info re what sections of several law things im using to claim back the money - got to reply by 13th! still no idea!!!!!

 

 

:lol: :lol: :lol:

Ace - £1300 - SETTLED IN FULL

Capital One - £200 - SETTLED IN FULL

JD Williams - £400 - SETTLED IN FULL

Littlwoods - £2700- SETTLED IN FULL

NATWEST - £2703.33 - SETTLED IN FULL

:lol: :lol: :lol:

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Its standard from what I can tell. The other little trick that the *ankers usually pull is to put Without Prejudice on the top of the letter, but they saying that its only Without Prejudice if you accept their offer. If not, then its not.

A complete misuse of the system!

 

Anyway, hopefully the end is in sight for you C!

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sbb1979 - I'm confused. I understood all along that if a letter contains the words "Without Prejudice" it's inadmissable in court. Now... I got an offer from Cobbetts this morning, and although that wasn't on the top of the letter, they wrote "Whilst this letter is written without prejudice, in the event that you decline this offer, we will draw this letter to the attention of the court"

 

BUT - they can't can they??? It's not worrying me, personally I couldn't give a toss if they show it to the court, my claim is for a hell of a lot more, and I'd imagine the judge would realise I was doing the sensible thing in declining their unbelievable offer. But it's left me a bit confused.

NatWest Visa - recieved a letter from court wanting more info re what sections of several law things im using to claim back the money - got to reply by 13th! still no idea!!!!!

 

 

:lol: :lol: :lol:

Ace - £1300 - SETTLED IN FULL

Capital One - £200 - SETTLED IN FULL

JD Williams - £400 - SETTLED IN FULL

Littlwoods - £2700- SETTLED IN FULL

NATWEST - £2703.33 - SETTLED IN FULL

:lol: :lol: :lol:

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Absolutely.......its so cheeky and in clear breach of the whole idea of 'Without Prejudice'

 

What I will do if they do that to me is send the letter into court once I've rejected their offer (therefore it becomes the situation when they say the letter is no longer 'Without Prejudice') because if that's ok for them in that situation, then surely you're allowed to do it too aren't you!?

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Clarky, we got our first offer today, £900,-.

Same old same old about "without prejudice" and drawing it to the Court's attention.

Anyway, we are - of course! - declining! ;-)

-Warms (Alexandra)-

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

Whatever I post is just my opinion, no more, no less!:!:

.....................................................................

NatWest=>settled in full, no strings!:D

NatWest creditcard=>settled in full, no strings!:D

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Just to let you know that my brother did the same for Natwest and has had nothing but trouble - they didnt send all details, thay took no notice of the 40 day rule etc - hes noe threatening them with Court Action! Stay strong and DO NOT give in!!! Best of luck!!

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Hi Clark,

Sound slike your claim is going along the same line as all others.

From other threads the final cheque has usually come through about 2 weeks after the first offer although obviously this can change!

I had my offer two weeks ago today so fingers crossed!

Will keep an eye on your progress and hopefully we will be spending our earnings shortly!

Jane

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my local court is a bit snowed under so i sent a copy of my aq to cobbetts and received an offer of half the amount about a week later. just sent off my thanks but no thanks letter. good luck hope you receive somthing soon:)

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Hi Kerry, Ive just sent this today....

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

30th October 2006

 

 

Claim Number: xxxxxxxx Ref: xxxxxxxxxxxxxx

 

Dear Sir/Madam,

 

Thank you for your letter dated 24th October 2006.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, which are now totalling £1158.13, a total that will increase every day until judgement or earlier settlement.

 

I will accept the sum of £750 which you offered, only as part settlement and on the clear understanding that I will pursue recovery of the remainder through the court.

 

I trust this clarifies my position.

 

Yours faithfully

: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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Ok...so after thinking my next step was a court date, this is what I received word for word from Oldham County Court......

 

Notice of Allocation to Small Claims Track (No hearing)

 

Its is ordered that:

 

The defendant do file by the 14th November 2006 a witness statement on behalf of the defendant explaing basis for and method of computation of fees and charges in respect of which the claimant claims.

 

The judge proposes to deal with the claim without a hearing, that is, on paper alone, but can only do this if all parties agree.

 

Please tell the court whether or not you agree to your case being dealt with in this way by completing th form.

 

So.....anyone had anything similar to this???

 

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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Sounds fantastic!! Sounds to me like the judge is fed up with all of the cases never reaching court and has decided to call their bluff!

 

You'll have your money this week I'm sure!!! There's no way that they'll give the court those details!!

 

Good luck!

 

Si

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Well theres someone on this forum who i go to for a lot of advice (u know who u are) lol and he seems to think they wont file the info and ill have the cheque on that particular date!

 

However, i just wondered if anyone had had the same as this....im only from a small town and the court is in the next town which is little too so just wondering if they dont have the resources to deal with this claim. Im also wondering if NatWest could sign the form that they dont want it to be dealt with on paper alone hence a further delay!!!

 

Ive just phoned the court to ask what would happen if they dont file the info and they said it would get referred to the judge to decide on the next step! I hope it doesnt get delayed anymore!!!

 

Also, does anyone think it might be an idea to call Cobbetts and ask them if they are happy for it to be dealt with on paper or leave it as it is??? Im dying to know whats gonna happens next!

 

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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Ok, so I didnt wait for a reply I just called Ms Burgoyne who confirms that her clients are refunding me!!!!!!!!

 

I should have a cheque within a week....so although I havent been paid out yet and I dont have it in writing yet....in essence....

 

IVE WON!!!!!!!!!!!!!!!

 

:D:D:D:D:D:D

: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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