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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 
        • 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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ladymoonray v Nationwide **WON**


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Hi all,

 

At last, my own thread! I don't really have much to say, other than thanks for all the information and encouragement in this forum. I have more than £2000 to claim back from Nationwide, most of which was taken in charges while I was too ill with depression to sort out my finances. I've sent my request for payment, and I'm about to follow it up with a LBA (due 19 July).

 

I'd really like to stay with Nationwide after the charges are sorted out if I can, because aside from the charges issue they've been pretty good to me. If you can call arranging a reducing balance overdraft so I can pay off all their charges being good, that is! Anyway, I'm going to send the suggested side letter with my LBA, pointing out that the FSA takes a dim view of banks closing accounts on the basis of complaints, and asking them not to do it.

 

I might even be prepared to go to court to get an injunction to stop them closing my account, if it came to that. I trained as a lawyer (though I don't practise) so going to court doesn't scare me in the least. I do, however, have a parachute account with NatWest (who have higher charges, but are more sympathetic to those with poor credit ratings). Does anyone know what the latest is on preventing banks closing accounts? I have read a lot of information on the forum, but I can't keep up with absolutely all the threads.

 

[Edit: Found it! http://www.consumeractiongroup.co.uk/forum/nationwide/8541-brand-new-customers-only.html

I'm definitely going to give this a go if it comes down to it. I'll apply to the court for an injunction AND complain to the OFT. I'm quite looking forward to it in a way!]

 

cheers!

 

ladymoonray

 

Nationwide: £2443. Request for payment 4 July 2006. LBA 19 July 2006

Co-operative Bank Visa: £351. Request for payment 22 June, LBA 6 July 2006

MBNA Visa: £476. Request for payment 22 June, LBA 6 July 2006

AA Account with Capital Bank: £80. Request for payment 19 July 2006

Capital One Visa: £160. Request for payment 19 July 2006

Paragon Personal Finance: £120 fees plus £1313.70 early redemption penalty. Request for payment 19 July 2006

Kensington Mortgages: £95. Request for payment 19 July 2006

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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Good luck! Don't know anyone who has success getting them not to close the account although I haven't tried.

 

I am not sure if I would get your money back first and then apply for the injunction - if you let them know that you are going to do that they could dig their heels in and make things difficult rather than following procedure to the letter as they appear to be at the moment. If you are confident though of going to court then do it!

 

Keep us updated :)

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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I am not sure if I would get your money back first and then apply for the injunction - if you let them know that you are going to do that they could dig their heels in and make things difficult rather than following procedure to the letter as they appear to be at the moment. If you are confident though of going to court then do it!

 

Thanks Dolly. I will definitely make sure to get my money back first, though I will send a letter with the LBA stating my intention to take legal action if they try to close my account afterwards. I don't think I'd even have grounds for an injunction unless the bank have stated their intention to close my account, though I could be wrong about that.

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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Well, I've had no response to my request for payment. So my LBA will be going tomorrow. I've included the note that Bankfodder suggested, about the FSA position on closing accounts. It's on a separate sheet, but I've put the following paragraph at the end of the standard letter:

 

Please also take note of the attached quote from a recent FSA briefing on

account closures and default charges. As I mentioned in my letter of 3

July, I do not want my account with Nationwide to be closed as a result of

my challenging the unlawful charges you have been making. If you do attempt

to close my account following resolution of this matter, I am prepared to

apply for an injunction to prevent you from doing so, and to take whatever

other action is necessary to retain my account with Nationwide.

 

I do realise that I'm risking upsetting them enough to make them fight my claim further than they might have done otherwise, but Nationwide are being so awkward anyway that I'm prepared to risk it. I hope they take it at least as far as making me issue a moneyclaim (which it seems likely they will), I could really do with the extra £550 interest!

 

ladymoonray

 

Nationwide: £2443. Request for payment 4 July 2006. LBA 19 July 2006

Co-operative Bank Visa: £351. Request for payment 22 June, LBA 6 July 2006

MBNA Visa: £476. Request for payment 22 June, LBA 6 July 2006

AA Account with Capital Bank: £80. Request for payment 19 July 2006

Capital One Visa: £160. Request for payment 19 July 2006

Paragon Personal Finance: £120 fees plus £1313.70 early redemption penalty. Request for payment 19 July 2006

Kensington Mortgages: £95. Request for payment 19 July 2006

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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  • 5 weeks later...

I put my moneyclaim in last night, having finally scraped together enough money for the court fee.

 

*fingers crossed*

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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No need to keep your fingers crossed, you'll get that money back no problems.

 

Can you PM a mod with the claim details so it can go in the Litigation In Progress section, please? Or PM me and I will pass it on.

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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Thanks Dolly, I'd forgotten to send the details to a mod. I've given them to Bankfodder now.

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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It is a great feeling when the money goes in - will happen to you soon! Keep checking our account.

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

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I've just checked my claim on-line, and apparently it was acknowledged yesterday. Hopefully this means money in my account soon. I'd be ever so grateful if it did, cos my balance is currently £5.31!

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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Woot! The claim money (almost £2500) has arrived in my bank account!

 

*dances with joy*

 

Thank you so much everyone who's helped, you are brilliant. As soon as I get the interest and costs repaid, I'll be making a nice big donation to the site. Unfortunately the claim money will go straight out of my account again to pay debts, but it's great to get those out of the way nonetheless. Hurrah!

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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Well done! It is great isn't it. Hopefully they will allow you to keep your account open.

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

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Congratulations :)

 

If you want to challenge the account closure when you get notification, PM me and I will help you through it.

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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Thanks Dolly, that would be great. I've discovered that my payments were about £40 short, so I've just e-mailed Mr Bacon to tell him I'm going to apply for judgement in that amount if I don't get it before the 28 days are up. I've also reminded him I'm going to apply for an injunction if they try to close my account; hopefully he will take some notice!

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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Ok - when you get your account closure letter, PM me and we will go through the injunction details - it will cost you though (court claims, not to me!! :p )

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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OK, now I have to make a decision. Nationwide have refunded all my charges after acknowledging my moneyclaim (bar about £42, which I hope to get out of them by requesting judgement in default for that amount). And I've had the inevitable letter telling me they're going to close my account. I don't really mind, as I have a parachute account with Natwest. But I don't think they should be allowed to get away with this, so I'm thinking of going for an injunction against them doing so. The main problem with this is that I'm not exactly a model customer. I've sorted my finances out a lot recently, and I hope to improve even more, but recently I've had one or two charges for declined direct debits etc. per month month. I'm worried this will give them an excuse for closing the account.

 

Can anyone (maybe Dolly?) give me a quick rundown of what's involved with applying for the injunction, and how much it is likely to cost? Does my poor banking record make it less likely the injunction will be granted?

 

Also, I'm not sure whether I should start swapping my direct debits etc. over to my other account. Any advice would be gratefully received.

 

thanks

 

ladymoonray

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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OK, first do start swapping your DD's over and get your cash out of the Nationwide.

 

Have a read through this post to see how Tobes went about getting an injunction...I do think he gave up though. I have a feeling it costs £150 which you don't get back if you lose :rolleyes:

 

http://www.consumeractiongroup.co.uk/forum/nationwide/18262-tobes-injunction-against-nationwide.html

 

If you want to go ahead, we can help you.

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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Thanks, Dolly. I'm just about to call my local county court and ask them to send me the forms. I'll come back for some advice when I have them.

 

Just to keep the info up to date, the account closure date is 5th October, so I have a little time to sort myself out.

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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  • 1 month later...

Update on the injunction situation: I decided not to go ahead. I couldn't afford the court fees (all my claim money has gone straight into paying off debts), and I was never going to be a very good test case. I'm hopeless at managing money, despite knowing how I ought to do it, and I'd have hated to spoil things for other people who might have a better case for Nationwide keeping their account open. I am going to take it through the Nationwide complaints system though, and ask the FSA to review the decision - that comes free, and I hope they might get their wrists slapped, at least.

 

I do have one final word of advice on my claim against Nationwide. When they paid my claim, the interest figure was short by about £50. I've spent most of this afternoon on the phone to them, having called this morning and said I was going to continue the claim in court unless they paid up the balance. I told them the court papers were going in today, so they'd better agree it pdq.

 

They did! There are two cheques on the way – two because they only agreed to a lesser amount at first, and I had to argue over the remaining £17! They agreed it in the end though.

 

This will only work if you're 100% certain of your figures. At one point we were going through the schedule line by line, if you can believe that. Make sure you calculate the interest right up to the day they paid you the main claim (type the date in the box at the top of the standard spreadsheet), and then don't let them wiggle out of any of it. Even an afternoon on the phone has to be worth it for £50!

Nationwide: £2443. Settled in full

Co-operative Bank Visa: £351. Settled in full.

MBNA Visa: £476. Settled in full.

AA Account with Capital Bank: £80. Settled in full.

Capital One Visa: £160. Settled in full.

Paragon Personal Finance: £120 fees SETTLED ERC claim withdrawn Feb 07.

Kensington Mortgages: Claim withdrawn Feb 07.

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  • 5 weeks later...

Hi. Congratulations to everyone who has got there money back from Nationwide. Hope someone can help. I have received the full amount back now, £1,600. It went straight into my account then had a letter saying my account is going to close, which is fine. I thought it was all sorted then I had a letter from the courts saying I had to fill in an allocation questionaire and pay £100 for costs. Should I fill this in. Does it mean the bank are now trying to get the money back? If so why did they give me it back in the first place. Hope someone can help. THANKS

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