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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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Progress of my claim **WON**


b.okhrana
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Hi there, i've recently recieved all statements for my student account since opening it four years ago. What occurred to me today however was that it may be possible to also claim charges for my natwest credit card which I have incurred this month. So I have two questions

 

a) if I find out those charges, can I add it to the same claim?

b) i've only had the card nine months or so, do you think I can ring up and ask them to tell me the charge dates?

 

Thankyou

 

PS - They took the £10 for admin!

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I was in the same position as you. I would treat the credit card separately. Ask for back statements and work out how much you've been charged. Send off the first letter (see library) and quote the recent OFT report. The likelihood is that you will get these back straight away, credited back to your card. The bank is in the wrong, the OFT say that credit card charges have been wrong, there's not a lot the bank can argue.

 

After that move onto your student account. Send out the letters as in the library. This will take ages as the bank will say we are right etc etc. Persist and got to small claims court if necessary. Once you get there, it is likely the bank will send you a cheque stating that they are still right but they can't be bothered to go to court.

 

Hope this helps!

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  • 2 weeks later...

I'm sending off a prelim letter today for my current account but I was also going to send one off to claim on my credit card.

 

Are they different addresses? I'm only asking because they seem to be seperate depts, or maybe that's just because it takes 4 days to transfers from my current account online to my credit card to pay off! (What a [problem])

 

Cheers

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  • 4 weeks later...

Well, i'd totted it all up and it came to £235, which may not seem a lot to some considering the amounts i've seen on here, but as a skint graduate i'll take what I can get.

 

I sent them a preliminary letter and they responded with "we think these charges are acceptable sorry you are unhappy...etc"

 

So I then sent them a recorded letter stating that unless that they refunded then i'd take them to small claims court. That will be 14 days ago tomorrow.

 

I'm guessing you'll recommend I follow it through, but i'm going away for 6 weeks from September and was wondering what the deal was with how long such action takes, or whether I could and it'd be advisable to carry it out after I get back.

 

Cheers!

 

B

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Three threads merged - please stick to one thread!

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.

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Hi, not sure which one of your threads I should be replying to!

 

FWIW if you're off for six weeks I wouldn't MCOL until you were back. You'll be issued your Claim Form and then heading off. The County Court will send you out a Notice of Issue saying your CF was sent on x date and the bank have to reply by y date. The bank may file a Defence etc. and with so much activity with your claim it is NOT a good idea to try and run it whilst out of the country.

 

What I would be concerned about is that you're off wherever for six weeks and your CF gets issued, the Bank files a Defence, the Court sends you out AQs and you may POTENTIALLY miss your deadline to send your completed AQ back to the Court. You are then on risk of having your claim struck out - possibly would be a harsh decision if you then explained but is possible under CPR nonetheless. Also, speaking as a Litigator (no, please don't shout at me) every court case or threat of court case is nothing less than pyschological warfare. If the bank sees you issue your CF and then do nothing the thinking is that you are cowering in a corner and in too deep and will drop off the scale re: this claim - they are therefore far less likely to cough up. My suggestion, FWIW, is to head off for six weeks enjoying yourself and come home refreshed and raring to go. MCOL, watch deadline, act on every deadline and look forward to (a) your ££ hopefully before xmas and (b) striking a blow against the financial giant that is NatWest.

 

S xx

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  • 2 months later...

Right i'm back now......from looking at the FAQ's moneyclaim.org.uk seems to be the next course of action (especially since I said i'd take them to small claims court)

 

Any idea of the costs involved?

 

Cheers

 

BTW Danmoz, had a great time away thanks, courtesy of the bank of mum and dad.....preferable to natwest any day, interest is a lot lower! :)

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For claims from £0.01 to £300 the court fee is £30

 

And then:

 

£301- £500= £50

£501- £1,000= £80

£1,001- £5,000= £120

£5,001- £15,000= £250

£15,001- £50,000= £400

£50,001- £99,999= £700

 

If you get to the allocation questionnaire stage further down the road (unlikely considering the size of your claim) that would cost another £100.

 

Of course all fees are paid back to you by the bank when you win.

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  • 3 weeks later...

Ok, success! I got a cheque today for over £300!

 

However, the letter with the cheque states that my particular of claim has no "reasonable grounds or cause of action against the bank"

 

and that "payment will be made with no admission of liability and subject to your agreement not to court publicity, or disclose or refer to any third party, the background to this matter, and also keep the terms of this settlement strictly private and confidential."

 

Well I guess i've just broken that, but should I leave it or do I need to get them to remove the terms?

 

Thanks

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Does it ask you to sign anything to that effect. If not then bank the cheque - keep your head down until it clears then shout from the rooftops!

 

Congratulations:D

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Hi there, sorry to be a pain, however i've got one last question.

I now have to cancel my claim with the small claims court after NatWest paid up. Is this only possible by written letter?

Regards,

Ben

Write a letter if you wish. That is all I sent to my local court (as below). But only once the money had cleared in my account.

Chesterfield County Court

 

Dear Sir / Madam

Claim Number: *********

I am writing to confirm that the above Claim Number (*********) between myself and (Bank Name) on the (Date) has now been settled

The (Bank Name) paid all monies owed to myself in full, and I can confirm that these have now cleared in my bank account.

Therefore, I can confirm that the claim may now be closed.

Yours

Wallet

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