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    • as this situation has now come up again for you, how confident are you that if you get on the straight and narrow with having a respite of 60days (Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk)... would you then be able to resume ok? if not quite honestly, the very best thing you can do is to get ALL your debts defaulted by the issuance of and the registering of a Default Notice from each creditor. this is done by stopping ALL PAYMENTS, it wont hurt you short term, esp as all the debts are still with the Original Creditors. this of course will kill credit for 6yrs, but, will cause the debts to vanish from your file (paid or not, paying or not) on the DN's 6th B'day, but of course that wont mean the debts are not still owed, legally, just your file will be clear of them all. if you read a good 10-20 of the stories in this very same forum you found to start yours, you'll soon get the idea behind the advice given. as for things like IVA/BK etc NEVER EVER do those, that secures unsecured debt. just contact one of the free DMP providers and get breathing space implemented, that gives you a 60 day buffer to firm up your future actions. but DO NOT enter into a DMP, do one yourself. they can be a bit pushy, but simply insist you just want breathing space invoked, i would only be giving them enough info to achieve BS too, don't give them anything you don't need too, they are funded by the banks and debt collectors and can sometimes be over intrusive and nosy wanting info that is better not revealed. dx    
    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
    • it's 85k of turnover (well, now £90k). However, you're digging yourself into another hole here. That ship has probably long since sailed. Is it worth pursuing this? You're not going to get anything back from it either way.
    • Hi,   A few pointers from yesterday to take note of evris cpr 27.9 failed again so we should really make issue of this also their WX fail to comply with CPR so again we should take issue with their statement of truth  you cant get tort if you get damages under subsection 7 of CRA because its double recovery  - not sure what we think of this? however its the first time i saw the judges make reference to your non automatic rights from s49 which s54 and 57 assist with. We should start stating this specifically for claims as I think its much better than just 49 and 57 as we need to make it clear where our non automatic rights come from as 54 automatic frankly dont help  I have sent the claim form and defences to the admin email because I can’t upload them for some reason as it wont let me but thought this may help as its the first time we’ve taken tort to trial. although i think the DDJ was honestly struggling to understand some parts of the law because he was asking me about them and how he should interpret them, especially for the automatic. Will apply for transcript if you want it?
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      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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    • 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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They said NO!


thebokebeast
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Hi,

 

Ok I have got as far as being refused a refund...but I am not beaten yet!

 

I am owed nearly £1900.....WOW!

 

nationwide have suggested that if I dont like the charges i can close my account and go somewhere else!

 

So next step.....the small claims!

 

I have to say I do feel a bit less than 100% confident because I feel the charges are my fault for being so crap at handling my finances when I was student....but part of says thats what they want me to feel!

 

So onward I go!

 

wish me luck!

 

The boke beast! :eek:

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Best of luck - not that you'll need it. You'll get your money back fine :)

 

Do open another account though as they will close yours.

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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good luck, not that you will need it!! just follow the step by step to make sure you do everything in the right order and go and get your money back!!!

p.s. we are all pretty crap with money at some time in our lives it doesn't mean that the banks can fine us for it!!!

oooeee

 

As a mathematics degree student i know their figures don't add up!!!! join the Revolution!!!

 

 

 

Nationwide Building society £1778.55 LBA sent 22.06.2006 Claim filed at Truro court 07/07/2006 for £1842.78 Acknowledgement recieved 19/07/2006 "intend to defend". £246.73 (interest on amount) paid into account 20/07/2006 Remaining £1595 paid into account 21/07/2006

Littlewoods catalogue looking into late charges. £80 of charges made phone call 16/07/2006 letter going out 21/07/2006

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p.s. we are all pretty crap with money at some time in our lives it doesn't mean that the banks can fine us for it!!!

 

I actually disagree with that statement, oooeee......

 

some of us are crap ALL our lives :lol:

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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some of us are crap ALL our lives

 

i was being a bit of a goody two shoes as in the last six years i actually had a whole eight month stint with no bank charges!!!!

oooeee

 

As a mathematics degree student i know their figures don't add up!!!! join the Revolution!!!

 

 

 

Nationwide Building society £1778.55 LBA sent 22.06.2006 Claim filed at Truro court 07/07/2006 for £1842.78 Acknowledgement recieved 19/07/2006 "intend to defend". £246.73 (interest on amount) paid into account 20/07/2006 Remaining £1595 paid into account 21/07/2006

Littlewoods catalogue looking into late charges. £80 of charges made phone call 16/07/2006 letter going out 21/07/2006

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hey thanks you guys for the positive vibes!

 

I am in Belfast, so I will be using the small calims court in NI, I see from the forum others have used it but I have not found anyt success stories yet...do you know of any?

 

I am currently changing my bank account to the halifax....just as a back up!

 

Cheers guys...the help is much appreciated!

 

Damo

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guys tell me this....

 

I have been refused payment of the money after sending a letter with the charges added up and a schedule of every charge.

 

But I can't find a letter in the library to send to nationwide advising them that I will be taking the matter to the small claims. There is a letter saying that I am disappointed that i have not recieved a reply....but I have recieved one saying no!

 

Do I need to send another later? To give them 14 days to reconsider?

 

Your advice would be appreciated!

 

many thanks

 

Damo

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Yes - you will have sent the Preliminary Letter - now you need to send the Letter Before Action. Adjust as necessary :)

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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Right oh!

 

LBA sent. Via recorded delivery....guess I just have to wait! Have applied for a new account with the halifax in the mean time.

 

Will keep you posted....

 

Oh what i could do with that money....thailand:cool: ....australia.:smile: ..who knows....might even pay off my credit card:-o

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You'll get another standard 'no' letter, just to warn you. Then you file your moneyclaim and get it all back :)

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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Oh yes, forgot you live in NI. It'll just add a little bit of time to it as claims submitted through court take a bit longer than if you do them online. Ah well, all the more interest for 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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I think I am right with this....I can not do a money claim as I live in Belfast, therefore I think I have to bring this through the small claims in Northern Ireland.

 

 

Hi ya Boke Beast, Im in Derry myself and am just about to start my application form to the Small Claims Court. I was wondering if you had sent yours through or not as i do not know what name or address to use as the Respondant (as Nationwide's head office is in England and we are in Norhtern Ireland?? ) Please advise me if you know, cheers!!

Emma

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Hi! I think we can apply online in Northern Ireland. Here is the website http://www.courtsni.gov.uk/en-GB/Services/Online_Services/. I have not got that far yet. Am claiming £1800+ and got the surprise of my life when Nationwide refunded me £530 after my preliminary approach letter. However, I want all my money back and so have now sent an LBA letter - awaiting their reply. Would be interested to know if anyone in Northern Ireland been successful. Elsie

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  • 5 weeks later...

Hi thanks for that post and info!

 

Am just back from a few weeks hols, refresehed and ready to post off my £62 court fee and of course my application.

 

the total with interest has turned into a whooping £2249.15....so i have my fingers crossed as my car blew up before my hol and i need another old banger to get me to work!

 

I am applying through the post, so have the form written out, photocopied (for my records) and will pop it in the post tomorrow! Just after I spend the night reading through the FAQ again incase anything has changed since I have been away.

 

One Question though if Dolly is listening....who is the best person to use as the respondent/ defendant (just nationwide??) or the person who has been sending the rejection letters?

 

Damo

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HiTheBokeBeast,

What exact name and address did you put on your Court Claim Form? Just wondering as i live in Northern Ireland too and wasnt too sure as the only correspondance details i have for Nationwide are their details in England (the office the responded to my letters of complaint from!). Cheers, oh and Good Luck with the Claim!! :razz:

Emma

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Hi emma,

I just used my branch address, as thats where i was sending the previous letters....and they seemed to get where they should go ok. The one on royal ave.

 

Just not too sure how long things will take now....but i will post any progress!

 

Damo

 

anyone know of someone in NI that has done this before and won?

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  • 2 weeks later...

Hi,

 

I have received a letter form the court, telling me that the claim has been received and they have given the N/wide about a month to respond.

 

Question- They have deemed the amount to be claimed as unliquidated --is this normal? i thought it would have been liquidated as the amount of the claim is fixed.

 

So i have now to wait on nationwide response.

 

 

d

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