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    • 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
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I know i am now at the court claim stage but my question is do i accept their offer; is it worth putting in a court claim, i mean will i get all my money back if i do that or waste more time and money and how do i put in a court claim. What do i fill in, where do i send it, who to, do i send another letter to the bank. God this is so hard.

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I know i am now at the court claim stage but my question is do i accept their offer; Up to you. Can you afford to throw away £500 (I'm guessing)

 

is it worth putting in a court claim, i mean will i get all my money back if i do that Well, so far, everyone else has... But there are no guarantees in this world beyond taxes and death. ;-)

 

and how do i put in a court claim. Moneyclaim online or through your court on an N1 form.

 

What do i fill in, where do i send it, who to, do i send another letter to the bank. Please, please, PLEASE read the FAQs and step-by-step and Library material, it's all in there.

 

God this is so hard. It's not, really. Well, I suppose compared to them taking the money from you, it is, I grant you... But you're going to spend what? max 50 hours getting it all in hand, to end up with about 1k. Not bad going, really...

But in the end, the decision is yours. For now, read, read and read some more, it will make things easier in the long run. :-)

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Ive jsut received my 3rd return letter from NatWest who have said that they still disagree with my argument that the charges are unfair because 'they have all been associated with a lack of covering in funds in the account at the time items were presented for payments...' but that:

 

'in the hope of forging a comprimise', they are prepared to 'OFFER £561.00 AS A GESTURE OF GOODWILL and WITHOUT ADMISSION OF ERROR or LIABILITY'

 

Do i accept this or is it worth taking further as the amount ive been charged is almost double this?

 

If i contest this how do i go about doing it? Help please, its driving me nuts.:mad:

 

How much is your claim for ??.

They tried this with me , but my claim was, ( and is ),for £6000.00 +. Stick to your Guns !!!!

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Kieran,

Just go through it "Slowly", Take your time, and do it to "the book".

I have a son Who is a student at Leeds Uni, He also banks with the NatWest,

after I receive my Entitlement from the the Natwest,I will be claiming for ALL his charges.

It's not the amount that counts (although it is the "force" behind the claims), It's the Principal.

A Bank ,the so called pillar of the economy,Can Steal money from anyone and everyone thats a stake here !!.

After my claim has been concluded ,and my sons also, I am, hopefully going to take the "WHOLE" of the british banking system to task.

The unfair and unscruplious way that these financial institutions go about their business deserves a "Bl***y" good shake up.

" Bank charges must be fair and reasonable".

" Banks must NOT make a profit ,nor suffer a loss from their charges."

The Banks (ALL of them), Must not get away with these punitive charges without a fight.

If there are any Lawyers out there who are reading this Please give as much assistance to anyone who fights this Gross injustice. (FREE).

 

Greed promotes Greed !!

I hope that most reading this ,(if not all ), will agree.

Good luck with your claim.

Best wishes

Chris. ( Please excuse the odd spelling mistake )

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I've had another letter from Natwest. It says:

 

"The offer of £561 was made on the basis of a full and final settlement of your complaint. However as you are not prepared to accept it on this basis i regret to inform you that this offer is therefore withdrawn..... I have alerted out lawyers and litigation department of your intentions."

 

What do I do now? Help

 

:o

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I've had another letter from NatWest. It says:

 

"The offer of £561 was made on the basis of a full and final settlement of your complaint. However as you are not prepared to accept it on this basis i regret to inform you that this offer is therefore withdrawn..... I have alerted out lawyers and litigation department of your intentions."

 

What do I do now? Help

 

:o

 

Well you do whatever you told them you would do - presumably at this stage issue court claim.

Consumer Health Forums - where you can discuss any health or relationship matters.

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They are simply scare mongering!!! Time for you to up the anti and play them at there own game, start court proceedings. Let the battle commence!!!!!

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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  • 4 weeks later...

Hi,

 

I have fileld my court claim and now i have recieved a 15 page lette from Natwest Solictors asking me various details in jargon that i really cant understand.

 

They want to know why i think the charges are 'unlawful at common law statue and recent consumer regulations, why the claimant contents they should not have been charged, 'please specify all of the facts relied on by the claimant in support of the contentions and identify the particular statute regulations the clamant refers to, the sections of each statute/regualtion referred to and the principles of common law relied upon by the claimant in alleging that they are unlawful'

 

Help what do i do now.

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Hi,

 

I have fileld my court claim and now i have recieved a 15 page lette from NatWest Solictors asking me various details in jargon that i really cant understand.

 

They want to know why i think the charges are 'unlawful at common law statue and recent consumer regulations, why the claimant contents they should not have been charged, 'please specify all of the facts relied on by the claimant in support of the contentions and identify the particular statute regulations the clamant refers to, the sections of each statute/regualtion referred to and the principles of common law relied upon by the claimant in alleging that they are unlawful'

 

Help what do i do now.

 

Ok its a standard reply, If you read the other threads in your bank forum they will be the same. Do not reply to the letter just complete the AQ when it arrives and send it to the court. Ensure you provide a schedule of charges to the court and solicitors along with the AQ.

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It is a long official solicitors letter saying that a copy has also been sent to the court and that they request further information.

 

It says if i do not respond and send the infomation within ten days then my claim will be invalid 'in accordance with CPR part 18' then the claim will be 'striking out the claim'

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This is Cobbetts latest scare tactic. CPR part 18 does not apply to small claims track, which they well know.

 

But as the claim, strictly speaking, has not yet been allocated, they can make a CPR Part 18 request, so you should respond. You should also send a copy of their request and your reply to the court. You can if you wish, respond in full. Altenatively:

 

Dear Sir

 

Claim No: XXX

 

I write in response to the recently submitted Defence and Request for Further Information you submitted to XXXXXX Court, relating to my claim (claim number – XXXXXXXX) against your client XXXXXXX Bank

 

I understand you have asked for a detailed schedule individually listing all charges debited to my bank account. I have of course provided a schedule of the charges and believe this is sufficient for your clients to exactly understand the details of my case. Please find an additional copy enclosed. Particularly, as your clients have always been fully aware of all charges they have made to my account and indeed, my calculations have been taken directly from information they have supplied me. I suggest you obtain a schedule from your clients as to their confirmation of the charges they have made (and interest thereon).

 

I believe both yourselves and Nat West have been supplied with all of the details necessary to move this claim forwards.

 

I am aware that the Court can order certain and further information from both parties, you appear to have attempted to obtain this information suggesting I am under strict obligations to obey your requests rather than the Courts. With this in mind, I see no reason why I should be sending you any further information relating to this case. It is the Court that decides whether or not any further information is required, not yourselves.

 

Where the Court orders such detailed information, I shall request reciprocal documentation from your clients detailing those same charges and interest to which I am reclaiming along with evidence to confirm the exact costs to which your clients have been subjected and from which they have added profit margins to arrive at the eventual charge made to my accounts for each and every charge.

 

If you feel it other than an abuse of the process to request for further information in the manner you requested it, I have no difficulty in making a reciprocal request.

 

On the advice of other claimants, whose claims are in identical circumstances to mine and who have been passed on to you by Nat West, I will be sending a copy of this letter to the Court. I will also be sending them copies of the letters, which clearly show the schedule of charges and details that you claim I have not yet supplied.

 

I consider that upon allocation this case will be referred to the Small Claims Track; accordingly I consider your CPR Part 18 request to be irrelevant as Part 18 would not apply. I shall not be responding to your requests. I shall of course respond to the order of the Court leaving the matters to be settled by the court

 

Yours sincerely,

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Or the short version:

 

Dear Sir or Madam:

Claim No: 1111111

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

 

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court.

 

However, for clarity, I confirm the charges I am claiming were applied to the following accounts:

Account numbers: 1111111 and 1111111

Sort Code: 11-11-11

 

Please also find enclosed a breakdown of all charges I am claiming. This schedule of charges was provided to National Westminster Bank in earlier correspondence, and is based on the information acquired from the Bank’s own records.

 

Yours sincerely

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Do i need to provide them with my preivous letters and replies to natwest; all the dates that i have been wrongly charged and any laws or reasons why i think its been unfair.

 

Also is it worth stated that i have genuinely been out of work for three weeks and in hospital due to hypertension caused by stress and shingles also caused by stress and have hopsital letters to prove it.

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Do i need to provide them with my preivous letters and replies to NatWest;

Not really necessary. Just delete :

I will also be sending them copies of the letters, which clearly show the schedule of charges and details that you claim I have not yet supplied.

 

all the dates that i have been wrongly charged

Yes, send your schedule of charges

 

and any laws or reasons why i think its been unfair.

Definitely not. Place for that is in court

 

 

Also is it worth stated that i have genuinely been out of work for three weeks and in hospital due to hypertension caused by stress and shingles also caused by stress and have hopsital letters to prove it.

I wouldn't bother, Cobbetts won't give a monkey's.

 

HTH

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  • 3 weeks later...

It wouldn't hurt to send them another copy of your schedule. I was inclined to fax them a copy and print off a delivery report as confirmation, I then phoned Cobbetts after a few minutes to make sure they had received it.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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