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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.  

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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.
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      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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Not a clue where I stand. Help please?!


Red7

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Hi Guys,

 

I've just received my Nationwide bank statement and have the same problem as many people before me! I have been charged £30 each for two unpaid direct debits and a further £30 for an unpaid standing order fee. There's another direct debit that was returned unpaid yesterday, which they'll probably charge me another £30 for - that's £120! Which I can't afford, even though I now have a job and regular income. But more to the point it's the principle that P's me off, it makes my blood boil!

 

However, I'm a bit confused as to where I stand. I found the Tc's & C's for my FlexAccount here

 

http://www.nationwide.co.uk/pdf/curr...nditions .pdf

 

But I'm still not sure where I stand. The only place I can find anything about charges mentioned is in condition 21) iii) which reads:

 

21. We can debit your account with additional charges in accordance with the scale applicable at the time you incur the charge. You can ask us for the latest scale of charges at any time. we can change or add to the additional charges but the following are examples of when you will have to pay us a charge:

 

iii) If a Direct Debit or standing order on your account cannot be paid

because of insufficient funds in the account.

 

It seems to me from this condition that they are allowed to enforce these ridiculous charges but I also know how sneaky they are about their wording! I don't have a copy of my signed agreement with them. Should I request a copy or will it have the same set of T'c and C's as I found on their website? As you can probably tell, I don't really have a clue where I stand with this - some advice from people in the know would be very very much appreciated!

 

Thanking you muchly,

 

Red :p

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It's a terrible state of affairs Red! Which is quickly reminding me why I dropped all ties with banks back in 1999 and have used Yorkshire Building Society since, I only use Nationwide because it makes things easier with Paypal and Ebay. But even then things can go wrong, i'm currently at the start of pursuing them in similar circumstances to yourself but for only £30, there's no way i'm going to let them get the better of me.

 

Here's a direct link to my Nationwide thread....

http://www.consumeractiongroup.co.uk/forum/nationwide/118357-diskmandave-nationwide.html

 

Good luck & best wishes, Dave.

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Read the terms for starting to claim charges back, start the process to re-claim from the bank.

You should 1st send off for your statments, then just follow the guidedance formats on this site, it will take time but you have nothing to lose.

In the meantime, can you not open a second account for your wages to go into, and stop using the account the charges are on, untill its sorted.

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Read the terms for starting to claim charges back, start the process to re-claim from the bank.

You should 1st send off for your statments, then just follow the guidedance formats on this site, it will take time but you have nothing to lose.

In the meantime, can you not open a second account for your wages to go into, and stop using the account the charges are on, untill its sorted.

 

I agree with shywazz, but personally i'ld open an account away from Nationwide, else they can openly use their right to offset, i.e. take money at will to cover debts on other accounts within.

 

Best, Dave.

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Heh heh, Dave your story about your encounter with the branch manager is so funny! How rude is that?! Lol. I hope you give them what for!

 

I'm looking for a new bank account at the moment - Cahoot seems pretty good - but seeing as I'm living in my overdraft for at least another week (courtesy of the moronic leeches at Nationwide) I'll have to wait until I'm in credit. More time. More effort. Like we all have nothing better to do! It really makes you consider the keep-your-life-savings-under-your-matress method...

 

Thanks Shywazz, I had a little sift through it all yesterday and will build up my wrath for when I have a new bank account in place. Then I'll let 'em have it!...

 

Red :p

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