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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.

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      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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AA99 v Nationwide Gold Card


AA99

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Posted on 10 January 2008

 

My main bank current account is with Nationwide and we have lived on a £1,800 agreed overdraft for over 6 months, and I have £4,500 charges to claim off them yet (or at least get in the queue for a hardship claim) and my OH has £5,000 owing on a Gold Card with Nationwide so have been treading very gently with them.......

They have accepted no charges & interest for 6 months at £20 p.m. but they say it's not worth it to them anymore as it costs them £20 p.m. to check to see if I have paid it! They will hand over to a DCA next month! In a predicament about how much to rock their boat.:-x

 

My OH received this letter today for his Credit Card. I found it quite offensive and I have composed a reply that I think is too gentle. I would like to continue interest frozen, no charges, and a further regular supply of funds dropping the balance owing. They are just hassling for arrears when we've been on a plan for 7 months:-x

 

Wondered if I could slip in a threat about copying their letter to Unfair Practices people, whichever law/act/statute is applicable:confused:

 

There are no exorbitant interest rates of charges to claim and I am in a predicament

HELP please:shock:

LetterfromNW26Feb09.jpg

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  • 2 weeks later...

(The following has been extracted from my other Nationwide thread which is for using the Hardship Waiver for Claiming back bank charges. This is a separate account for a Credit Card:

 

 

icon1.gif AA99 v Nationwide

My main bank current account is with Nationwide and we have lived on a £1,800 agreed overdraft for over 6 months, and I have £4,500 charges to claim off them yet (or at least get in the queue for a hardship claim) and my OH has £5,000 owing on a Gold Card with Nationwide so have been treading very gently with them.......

They have accepted no charges & interest for 6 months at £20 p.m. but they say it's not worth it to them anymore as it costs them £20 p.m. to check to see if I have paid it! They will hand over to a DCA next month! In a predicament about how much to rock their boat.:-x

 

 

icon1.gif re: AA99 v Nationwide

My OH received this letter today for his Credit Card. I found it quite offensive and I have composed a reply that I think is too gentle. I would like to continue interest frozen, no charges, and a further regular supply of funds dropping the balance owing. They are just hassling for arrears when we've been on a plan for 7 months:-x

 

Wondered if I could slip in a threat about copying their letter to Unfair Practices people, whichever law/act/statute is applicable:confused:

 

There are no exorbitant interest rates of charges to claim and I am in a predicament with post #1

 

HELP please:shock:

 

 

 

 

 

 

LetterfromNW26Feb09.jpg

 

 

 

I replied on 13 March giving the Doorstep Harassment act and continuing to offer £20 p.m. and continue reducing the balance. I&E has only got worse so in no position to pay arrears (less than their charges and interest)

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icon1.gif AA99 v Nationwide (separate thread for Bank Charges)

My main bank current account is with Nationwide and we have lived on a £1,800 agreed overdraft for over 6 months, and I have £4,500 charges to claim off them yet (or at least get in the queue for a hardship claim) and my OH has £5,000 owing on a Gold Card with Nationwide so have been treading very gently with them.......

They have accepted no charges & interest for 6 months at £20 p.m. but they say it's not worth it to them anymore as it costs them £20 p.m. to check to see if I have paid it! They will hand over to a DCA next month! In a predicament about how much to rock their boat.:-x

 

LetterfromNW26Feb09.jpg

LettertoNW11Mar09.jpg

DNLetter23Mar09.jpg

 

DNdated23Mar09.jpg

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  • 3 weeks later...

Thanks for bumping Andrew:) Since I last posted, I have had no reply to my letter of 11 March, but have received the following:

 

DNdated23Mar09-1.jpg

 

NOAletter31Mar09.jpg

 

And also this month's statement showing full interest & £12 late fee, wiping out all of the last 6 month's repayment effort :mad:

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  • 4 weeks later...
  • 4 weeks later...

Right, since last posting, I have received 2 further notices from N/W, your facilities are withdrawn, cut card up, defaulted, blah £12, now charging full interest (which has gone up!) and £12 default. We had a £20 p.m. repayment plan for 6 months, they wouldn't renew it, we have carried on paying. Also had KPR write again offering a discount settlement.

 

Today I have posted a letter to them pointing the above out and using CAG template letter inviting them to take me to court if we can't continue the repayment plan.

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  • 2 years later...

This account was taken on by online solicitors shortly after I last posted. We received legal aid.

 

Today, I have received a copy of the AQ from NW, also my barrister's reply with advice to drop the claim!!!

 

NW have produced a separate set of terms and conditions that were 'in force' at the time of the Application Form that was completed........

 

All that has been produced under Part 18 is a signed copy of an A4 Priority Application form!

 

I am utterly dismayed, but having been away from these forums for so long, am wondering if the courts' tactics have chantged or if I'm missing something???

 

Apologies for rambling, it's been a long day, if I'm not being clear, I can have a day of scanning documents to make this clearer.

 

Can anyone offer me any advice please? :(

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Solicitors have phoned this morning to request us to put in writing that we are willing to drop the claim. While we are very reluctant, we shall no longer have legal aid, so seems we have no choice.......

 

I cannot believe they have submitted these T&C's so late and that the barrister has side our likelihood of succeeding is now slim?

 

Any thoughts?

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