Jump to content


  • Tweets

  • Posts

    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Although, any individual in a similar position should decide for themselves what they think is an appropriate course of action. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
  • Our picks

    • 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
        • Like

Nationwide **WON POST-OFT v BANKS**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6090 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All

 

Just typing out my letter to Nationwide as they have refused to refund the charges so am now giving them 14 days notice or will be making a claim via the courts. Very scary - anyone have any tips or encouragement!

 

Thanks

Link to post
Share on other sites

  • Replies 109
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

daniel12,

 

 

Hi and welcome to the CAG site.

 

You've definately taken the first step into claiming back what's rightfully yours.

 

Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

 

Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

 

Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

 

Good luck with your claim.

 

 

Useful links to help with your claim

 

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

 

Letter Templates

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/

 

Interest Spreadsheet

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Court N1 form

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Mcol Particulars of Claim

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

Link to post
Share on other sites

Hi Guys

 

Well had the standard letter from the bank stating not refunding monies - so now giving them 14 days notice or will go to court - very scared - any tips would help.

 

Thanks

Link to post
Share on other sites

Read through a couple of the threads on here & then go for it. Make sure you keep copies, recorded delivery is best for sending, the sooner the better. Just be prepared to follow it up & be in it for the long haul...... it will not be resolved overnight.

Andrew

Link to post
Share on other sites

hi daniel

i got over £3000 back about a month ago stick with this site and read as many threads as you can they will take you all the way and hope you give up stay focussed and you will get your money.

got mine back 24 days after mcol was filed

Link to post
Share on other sites

Hi Kilbo

 

That is really good is the MCOL the online system rather than submitting the documentation to the courts. Did you find the information they required simple to provide or not. Mine is £2850 but need to calculate the interest on top. Was yours the full settlement?

Link to post
Share on other sites

If you navigate to http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=56&Itemid=78

& select the excel sheet for England Simple, you enter the charge reason, the amount & then the date & it calculates it up to date for eazch individual charge.

I am still waiting to hear anything other than the acknowledgement.

Link to post
Share on other sites

No probs Daniel, I was going to wait until I'd filed my claim, then write to ask for all necessary t & c's, as the issue is at court, Nationwide would be obliged to provide the terms and conditions for the period am claiming for, that's what I was going to do anyway, not sure what others here think?

Link to post
Share on other sites

daniel go to the money saving expert website there is an interest calculater there.

there is also a thread on here somewhere that tells you how to word your claim so they take you seriously.

Link to post
Share on other sites

daniel go to the money saving expert website there is an interest calculater there.

there is also a thread on here somewhere that tells you how to word your claim so they take you seriously.

 

Or use these:

 

Interest calculation spreadsheets

 

Particulars of claim - N1- Hard copy version

 

Money Claim On-Line (MCOL) Particulars of Claim

 

K. :)

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

Link to post
Share on other sites

Thank you - I have already done the template letter giving 14 days notice before I submit my claim to the court - and did find it from this website.

 

And thanks so much for your helpful input......have any of you had problems getting the terms and conditions for previous years. Was thinking of doing a letter to Nationwide to confirm and state if not received will confirm this to the court?????

Link to post
Share on other sites

The onus is always on the Claimant to prove their own Case.

 

There is NO automatic right of DISCLOSURE in the Small Claims Track.

Therefore Nationwide would be under NO obligation to supply U with a copy of the T & C's from 'n'years ago to enable U to prove your argument against them!

 

Here are a couple of links that may be of interest to U...

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/90791-we-need-your-help.html

 

Internet Archive: Wayback Machine

Link to post
Share on other sites

daniel12

 

Don't be confused. Nobody says you should provide any terms and conditions. Let the banks think about that when you ask for your charges back.

 

The claim for money back is valid if you have been charged unlawfully in your account.

 

Follow the step by step route to help you. Click below:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html?highlight=library

Link to post
Share on other sites

Thank you so much - the more I was reading around the more confused I was getting re the terms and conditions. With people mentioning previous terms and conditions it was making me doubt what I was meant to be doing.

 

I am using the next 14 days to do the spreadsheet with interest and how to complete the court form - but have not yet decided whether to do it online or at the court.

Link to post
Share on other sites

It is advisable to submit a copy of your ORIGINAL T & C's in your Final Court Bundle, if it becomes necessary to do so.

When U submit your PoC, just keep things brief + to the point.

The links that I provided for U on your OTHER Nationwide Thread will help U.

Link to post
Share on other sites

I think you worry too much about T & C. Many people here have claimed back their money without submitting any T & C.

 

Besides, you do not need T & C until about three or four months from now. Why not continue your claim until you need it? When you need it, you will get it from this site.

 

T & C is normally submitted with court bundle when a hearing date has been set. In your own claim, you have not filed a case in court.

 

It makes no difference whether you use MCOL or local county court.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...