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    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
    • Hi and thanks It looks like they ticked all the boxes to me but I'll try and upload the notice. I was wondering if a witness to late delivery might be considered proof - I'm assuming they posted it as normal but Royal Mail stuffed up delivery. If not then they're really saying it just has to be posted within 12 days of the incident, regardless of when it is received. Annoying! edit ok thanks Honeybee here's my 2nd (actually 3rd) attempt at anonymising, copying and uploading the notice! Sorry about the state of it - I sat on it while distracted by my dog 🙃 pcn front.pdf pcn back page.pdf
    • ROFL - dont get upset just because someone (quite a lot of someones) dont want smart meters - well unless you get paid for it .. in which case ...   I assume you haven't been with Octopus long enough to be on one of the very long fixed price tariffs they offered before the prices went bonkers .. and that you dont use your electricity in the evening/lunch time if you think the 'agile type tariffs are good value .. let alone worth installing a smart meter for - high price a good disincentive for an evening cuppa eh? Let alone all your computer/tv etc time in the peak price evening or lunch time. - and boy do those peak prices instantly hammer your bill when those Russian and middle eastern issues kick off.   I would only have considered a smart meter if solar panels had been an option for me - but roof is oriented completely the wrong way. Oh - and My opinion hasn't changed since the smart meter trials 40 years ago, because neither have the issues (well not enough) but I'm happy for you. Be happy for me.
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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
        • Like

I won!!!


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Hi

 

Could some one help me as i am confused, I want to start action against the nationwide and the charges they have incurred to my account over the last six years.

 

Do I just fill out the prelimainary claims form and post it into this room? or do i print it off and send it to my bank?

 

Please help

 

Georgina

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Have you read the FAQ's questions?

 

The letter templates you need are in the Library section, there is a step-by-step guide in the FAQ's.

 

And you print the letter off and send it to your bank. :?

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'm also fighting Nationwide over charges. They completely ignored my first letter, it was only when they received my second letter threatening legal action in 14 days, that they answered me and gave me a partial refund. I wrote to the branch manager both times and also copied in the head office, there is a contact name at the top of this thread I think. Good luck!

£949.54 reclaimed from Nationwide June 06

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Hi all,

 

I have sent the letter before action to the Nationwide on March 13th, also I sent the bank a message via the internet asking them not to add any more charges to my account. Usually the nationwide replies to my messages within 5 days this time however they did not, and that makes me kind of glad :)

 

Gina G.

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Hi all

 

This is the letter I had sent back to me by the Nationwide this morning in response to the letter before action I sent March 13th, do I now start with the court proceedings?

 

Thanks Gina G

 

.........................

 

Dear Mrs G

 

Your letter of 13th March has been forwarded to me by Bognor branch as they have been unable to resolve your concerns I am sorry that you have had problems managing your account that have lead to high level of charges being debited.

 

The charges were of course avoidable through responsible account management and have only been levied because items have been returned or your overdraft limit been exceeded.

 

In common withmost providors, we make charges in these circumstances.

You agreed to our charges signing the Flex Account application form, confirming acceptance of the relevant terms and conditions. Our charges have been levied in an apppropriate and transparent manner and in accordance with the Banking Code.

 

Details of interest rates and charges are set out in a leaflet called 'Flex Account Interest Rates and Charges' freely available in branches and included in the Flex account information pack.

 

If at anytime changes are made to our tariff account holders are always advised of the new charges. Members are pre-notified of pending charges, and the reasons for them, with their monthly statements. In relation to other organisations, our charges are very competitive and are some of the lowest in the market.

 

I regret therefore that I cannot agree to your request to refund your charges and interest.

 

I can be contacted at the above address and telephone number. I enclose a leaflet explaining our internal complaints procedure. Please also refer to the paragraph at the end of this letter.

 

Yours sincerely

Matthew Ralph

West sussex area office

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If the letter you sent was a 14 days letter before action then begin the claim at the expiry of the 14 days.

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No, they've had their chance.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Do not speak with them. they will try to offer you a compromise or mislead you in some way.

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thank you for the replies much appreciated, but i still wait until the 14 days are up before going further with this matter?

 

Gina G :)

 

Correct.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Then don't wait. And don't forget to let us have your claim details for our litigation section.

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Just downloaded the March 2005 version of the Banking Code. There's nothing in there about charges whatsoever.

 

So this is an inaccurate statement from the bank, designed to make you think that they are operating lawfully.

 

M

 

Nationwide sent me a hard copy of the banking code (March 2005). Section 5 is about charges.

£949.54 reclaimed from Nationwide June 06

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would i lose the case if i didnt wait 14 days? fact is they have had their chance and i have just been told by the bank this will be their only response.

 

I dont want to wait 14 days?

 

To be fair gg, I'd wait. It'd be a shame to lose on such a technocality (sp?). You've said they can have 14 days, so give them 14 days is my opinion. The more that you can prove in court that you havde been reasonable with them, the better it will look to the judge.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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