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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
      • 162 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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Made first steps with Nationwide...but need a little help :0


kelgt
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I have just received all my statements from Nationwide, which I requested through their online message system a few days ago... anyway I have added up all my charges (£396.50) from the statements and was wondering if I still have to do a DPA request before going any further or should I just get onto the preliminary approach letter right away?

Also can I just confirm that sending a DPA request means I am giving them a chance to proove/disclose their costs incurred for each charge? Or do I have to do that seperately?

 

Sorry for so many questions, I have read the FAQS and loads of threads but not found the relevent answers to my specific questions

 

Thanks in advance!

29/03 - DPA request letter sent to Nationwide

01/04 - Confirmation of DPA request received.

04/04 - Approcah for repayment made

18/04 - LBA letter sent

20/04 - All money refunded to my account!

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Did your DPA request include disclosure of any manual intervention in your account?

 

If it did, and you are confident that you have all the relevent information going back as far as you want to go, add them up using the spreadsheet which is in the library. don't add the 8% yet but don't forget any interest that they have charged you on top of the charges.

 

Use the preliminary letter from the library to initially ask for your money back. After the expiry of the timeline you set in this letter (or if you get a rejection letter before that time), send the Letter Before Action in the library.

 

Again, after the expiry of the timeline you set in this letter (or if you get a rejection letter before that time), issue proceedings.

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I didn't ask for manual intervention to be disclosed, I simply just asked for my statements so I could add it all up.

 

Can I send the prelim letter and include in it a paragraph asking for any manual intervention to be disclosed?

29/03 - DPA request letter sent to Nationwide

01/04 - Confirmation of DPA request received.

04/04 - Approcah for repayment made

18/04 - LBA letter sent

20/04 - All money refunded to my account!

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I think that you may possibly have to make another DPA request.

 

This is important as the manual intervention is one of the flimsy excuses for charges offered by the bank.

 

They might not provide any evidence of manual intervention (whether it exists or not) but the fact that you asked for it (and it wasn't disclosed) can only work in your favour, as you have asked the bank, reasonably, to include proof of their losses.

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Thanks, just printed off a DPA request and will send it first thing tomorrow!

 

Do you recommend sending it to head office in Swindon or my local agency branch or both?

29/03 - DPA request letter sent to Nationwide

01/04 - Confirmation of DPA request received.

04/04 - Approcah for repayment made

18/04 - LBA letter sent

20/04 - All money refunded to my account!

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Hi,

 

I know other users with Nationwide have gone to the branch. However, my experience is that whoever you send it to, it will get forwarded to the department dealing with Data Protection. When I get home I will post a sticky with DP contact details.

 

Cheers,

 

M

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Thanks.

 

Ok I sent them the DPA request letter on 29th and got this back today...

 

Re:Request for a copy of your personal information

 

Thankyou for your letter dated 29th March, which has been passed to this office for attention.

 

Under the terms of the data protection act you are entitled to receive a copy of any information that we hold on you, this is called a subject access request.

The law allows 40 days for a dubject access request to be completed from the time we are given sufficient information to carry out the request.

 

As you have made your request in order to obtain specific information, rather than all the personal information we hold,we may be able to provide the details you require in a shorter timescale.

I have today requested duplicate statements for the account you have requested and these will be sent to you in due course.

 

Should you require all the information Nationwide holds on this account or any others you may have, please let me know in writing quoting the relevent account numbers.In addition if you have had dealings with other areas within Nationwide who may hold information on you please let us know so that we can check your personal data in these areas. In order to find any additional information we will need:--

 

 

As Nationwide do not charge for this service, please find enclosed your £10 duly returned.

 

blah blah

 

I have enclosed a copy of our personal information leaflet which explains how Nationwide uses your personal information,which you may find useful.

If you have any quieries or require clarification on any points please do not hesistate to contact me at the above address.

 

 

 

 

 

Ok so do I try the Preliminary approach for repayment letter next? I don't need to hang around for the statements as I already have them and know how much I am claiming.

29/03 - DPA request letter sent to Nationwide

01/04 - Confirmation of DPA request received.

04/04 - Approcah for repayment made

18/04 - LBA letter sent

20/04 - All money refunded to my account!

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My opinion on this would be yes, get the claim underway now. the amount you are claiming is not altered by the provision of information regarding manual intervention.

 

They now have 40 days from the date of receipt of the letter to act and return that information. (I have been waiting since 8th March!)

 

The case will not come to court before the 40 days expired so you should be safe.

 

Cheers,

 

Martin

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I must confess I am now getting confuesd with all these letters before, and DPA requests, surley if you have got all your statements then you have all the info you need. I assumed the DPA request with which youi need to send a £10 fee to bank, was to get statements and therefore a list of thefts from your account IE penalyt charges!! as some banks where trying to charge £5 a sheet for copy statements, the DPA request was just to get around having to pay bank say £100 for 20 statements.

As for manual intervention, if they were manually intervened then this would justify a more expensive charge than an automated computer spew out, which must cost almost nothing, pence even

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That's what I thought also, I thought that if I had all the statements then I could go ahead and claim my money back, that's why I posted here first to check. Under the advise given I then gave them a chance to let me know of any manual intervention.

As they have replied and not mentioned any intervention I shall now go ahead and make my request for my money back.

 

Do they still get 40 days now or shall I insist that they respond quicker?

29/03 - DPA request letter sent to Nationwide

01/04 - Confirmation of DPA request received.

04/04 - Approcah for repayment made

18/04 - LBA letter sent

20/04 - All money refunded to my account!

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Thanks.

 

I sent out the approach for repayment letter yesterday along with a copy of it by e-mail. Shall wait and see what happens...

29/03 - DPA request letter sent to Nationwide

01/04 - Confirmation of DPA request received.

04/04 - Approcah for repayment made

18/04 - LBA letter sent

20/04 - All money refunded to my account!

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  • 2 weeks later...

Well I heard nothing at all from Nationwide and sent out the LBA yesterday by recorded delivery to Mr Charles Bacon.

 

The pursuit for my money back continues... will keep you updated if and when I hear from them.

 

 

EDIT : Just checked my account and my money has been refunded!! All 426.50 of it

 

Well chuffed :D

29/03 - DPA request letter sent to Nationwide

01/04 - Confirmation of DPA request received.

04/04 - Approcah for repayment made

18/04 - LBA letter sent

20/04 - All money refunded to my account!

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

29/03 - DPA request letter sent to Nationwide

01/04 - Confirmation of DPA request received.

04/04 - Approcah for repayment made

18/04 - LBA letter sent

20/04 - All money refunded to my account!

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