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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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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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Nationwide Data Protection Team


martinwhite
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He's also got a colleague called Gary Parkins.......another DPA Administrator - wonder how long they have been in this job? Perhaps they are brand new posts! LOL

  • Confused 3

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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  • 1 month later...

another Administrator Susan Taylor

They obviously need several, I hpe they're kept busy

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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  • 4 weeks later...

yip sam is dealing with mine.

It's not the size of the dog in the fight, but rather the size of the fight in the dog..:D

MBNA SETTLED IN FULL £216.00

Preffered Mortgages Ltd MCOL going in for £3.5K

Nationwide £702.00, SETTLED IN FULL.

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  • 3 weeks later...
Am about to start my action against Nationwide and will keep you all posted as to whether or not they close my account.

Elaine, you need to start your own thread - this should just be for the Data Protection Team contact details. Oh and they WILL close your account.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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UpDate

 

Sam Ormans has left the company, i'm now dealing with a Catherine Barford.

It's not the size of the dog in the fight, but rather the size of the fight in the dog..:D

MBNA SETTLED IN FULL £216.00

Preffered Mortgages Ltd MCOL going in for £3.5K

Nationwide £702.00, SETTLED IN FULL.

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Sam Ormans has left the company,

 

Probably due to increased work load and stress!

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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  • 1 month later...
Am about to start my action against Nationwide and will keep you all posted as to whether or not they close my account.

 

I sent a letter requesting my charges be returned about 3 weeks ago and within days of sending that letter I got a letter telling me that they were withdrawing my overdraft facillity of £3400 and it had to be paid back imediatly all £3400!

 

I've since had the phone calls every day and I'm civil to them but the easiest way to get rid of them is to ask if this call is being recorded ? they will invariably say no so I say well I must point out to you that this call is being recorded by myself and will be used in any court action taken including ACTION I MAY TAKE AGAINST YOU.

After a few seconds of silence I ask them for their name, their contact details and the department they work for........

 

It's amazing how many times they drop the phone and it goes dead.......

 

i'm very blase about it now as I'm skint so they can't have what i don't have and I've worked out that the charges they owe me are in excess of the max overdraft limit .

Request for repayment letter sent on 24 / 08/ 2006 giving 14 days to reply.

 

S.A.R. issued to:

Citibank international 07/09/2006

 

Creation Finance 07/09/2006 letter signed for 8/9/06

 

Nat West Bank 07/09/2006 letter signed for 8/9/06

 

Mint 07/09/2006 letter signed for 8/9/06

 

Sainsbury's 07/09/2006 letter signed for 8/9/06

 

Northern Rock 07/09/2006 letter signed for 8/9/06

 

Nationwide

S.A.R SENT

07/09/2006

letter signed for 8/9/06

letter offering £120 in charges refund 12/09/06

Statements arrived all bound in a folder 16/09/2006

nationwide 07/09/2006 letter signed for 8/9/06

 

Halifax 07/09/2006 letter signed for 8/9/06

MBNA request for repayment letter sent 07/09/2006 letter signed for 8/9/06

 

 

DONATE TO KEEP THE SITE OPEN PLEASE

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Yup

 

They have foreclosed on my account and made the usual threats - I have copied their threat letter into my court papers - as I firmly believe that if the matter is in dispute they cant do that.

 

Anyway - I am probably wrong!

 

Curly Blue

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Thanks

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