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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
      • 160 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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Hope this works ***WON***


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Ok got another letter today, it seems that they think that i never recieved their first reply to the prelim, so after recieving my lba letter they have resent their original reply with the reply to the lba letter, why i have no idea as both letters are nearly identical. Pillocks!!!!

 

Come next week i will be filing my claim.

:p :p :pCARMEN :p :p :p

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Good for you. File you claim when originally due and screw em!

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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HELP.....Ok, i'm not blonde but i think i should be as i have been staring at the N1 form and freaking out as i need to get this right, so the question i have may sound stupid and the answers are probably simple but i'm freaking out and need help filling in the N1 form.

 

Ok I was wondering if anyone knew what to put in the brief details and value section. I have an idea, just not sure how to word it, any help would be appreciated. Thanks

:p :p :pCARMEN :p :p :p

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Have a look at my thread HKS v Nationwide. That should cover everything.

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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If it is unauthorised overdraft interest then add that in, yes.

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, again another question, the particulars of claim, do i print this on a seperate sheet and attach it to the form? I know i sound really stupid but i'm just nervous about getting it wrong.

 

Also which address do i put for nationwide, the member accounts add or is it another one?

:p :p :pCARMEN :p :p :p

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I printed and attached on a seperate sheet but if you fit it in that is also fine. Put the Swindon address for nationwide. Oh and relax!! You will be fine.

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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Help need please!!!!

 

in the particulars of claim, what does the ' in respect of £3' mean, that bit confuses me!!!!

 

Which swindon address do i use on the N1 as i have about 3 different ones?

 

Just waiting for help with this and then will be taking in the N1 form, a week late but nevermind.

:p :p :pCARMEN :p :p :p

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yip, we should get together and have a CAG holiday in the sun woohoooo:)

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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Ok, took the N1 form into the court today, god it was scary.

 

A very young man checked over the form for me, he was very helpful. I had missed my title off the form. Well now its a case of fingers crossed and see what happens.....lol

:p :p :pCARMEN :p :p :p

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Hi ya,

 

So sorry have been offline and just seenyour thread. Glad you got it all sorted. looking forward to the post saying you have your money in a week or so!

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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Fingers crossed - remember it takes slighltly longer when filing this way but it will be back with you soon.

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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  • 2 weeks later...

Ok, i am just jinxed, not only having trouble with halifax and a default notice, but now my N1 form against Nationwide has been returned to me as I didn't sign the exemption form. Can you believe it, the guy checked the form and i asked if i had to sign it and he said no, saying that he did only look about 12.

 

So now i am gonna have to go back to the court on monday to return the claim form and again wait, wait and wait some more for MY MONEY!!! Not a happy bunny!

 

I have been checking my account recently as it is £23 overdrawn and so far I don't seem to have incurred anymore charges, which i am suprised at.

:p :p :pCARMEN :p :p :p

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  • 2 weeks later...

Update, received Notice of Issue today which states that the notice will deemed as served as of today 21st.

 

Righ just have to wait to see if they respond before the 5th Oct. Just hope mine isn't gonna be the test case.

:p :p :pCARMEN :p :p :p

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Received notice of acknowledgement today intending to defend, dated 21st sept

Received letter from nationwide, dated 21st sept, confirming that have REFUNDED £1830.00 in charges and £106.16 in interest. Couple of pound short than what i was claiming but it will do.

 

 

I WON...........WOOOOHOOOOOOOOOOO

:p :p :pCARMEN :p :p :p

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Congratulations

 

Could you please PM me or one of the other mods with claim details so it can be posted in Litigation Concluded.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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CONGRATULATIONS!!!! That's great news. :) :) :)

Enjoy it.

ukwbg

Nationwide Data Protection Act Subject Access Request sent 6/7/06

Statements received well within the 40 day deadline

Prelim sent 8/8/06

Standard reply received 21/8/06

Letter Before Action sent 24/08/06

moneyclaim on line submitted 9/9/06

 

PAID SAT 1ST OCTOBER :D

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That is fantastic. I am so pleased for you.

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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