Jump to content
  • Tweets

  • Posts

    • Hi everyone. We purchased a new bed from dreams 26/12/2017 which was delivered 01/02/2018.  We also purchased their delivery, assembly, take the old one away, tv, mattress, mattress protector, pillows and their 'bed cover' 8 years extended warranty.  We paid by 30 monthly interest free instalments and so just made the final payment.   It is a heavy duty king size lift up storage bed with a built in tv at the end.  It has always been a struggle to lift, my wife cannot do it on her own and it rarely stays up by itself.   At the beginning of this year, we noticed it had started to dip considerably in the middle.  Not the mattress, but the wooden base the mattress is on.  So on 09/02/2020 I emailed them about the issue.  They started by saying the mattress is not covered only the base, until I pointed out it is the base at fault not the mattress.  So they sent out Homeserve on the 25/02/2020 to come and repair.  He did what he called a temporary repair, said that the bed had failed due to a manufacturing or design fault (the metal bolts holding the wooden base to the lift up supports have pulled out of the wood) and that dreams would be in touch to arrange a replacement.  His temporary repair barely lasted a day, the bed was still dipping and he took plenty of photos for himself but seemed in a mad rush to leave.   Of course they didn't contact us, so on 30/03/2020 I emailed them back.  01/04/2020 they emailed back confirming in writing that it is a manufacturing fault and their sales team would contact me, however as expected due to Covid-19 this may take a while.   30/06/2020 I asked for an update.  03/07/2020 they replied saying their claims department would contact me within 5 working days.  They didn't. 15/07/2020 I emailed back asking them to escalate my complaint as well as providing a refund and compensation as we are now struggling to sleep and experiencing back ache due to the bed's extreme dipping, plus I am worried about the mattress getting damaged. 23/07/2020 They replied saying we are not entitled to a refund as it is a guarantee claim and they have passed it once again this time to their guarantee company to contact us. I have still not heard back.   This is now getting beyond a joke and I wanted some guidance on how I should proceed.  We are struggling to sleep in the bed and cannot now even open the bed to access our belongings inside as as soon as you try and lift you hear the sound of breaking wood.   Many thanks  
    • bit obv really... don't eat yellow snow either.   dx  
    • I know you are trivialising this as, 'Ambulance Chasing Lawyers', because they are perceived to be involved. You mention BMW (other brands as well). Counterfeit car and truck parts have been implicated, and proven to be the cause, of accidents where fatalities have occurred.   There is some considerable difference between a set of counterfeit brake pads and a fake SD Card.   The trademark infringement though, is the same.   H
    • One hope in this growing mess is that local authorities, mainly in the north west so far, like Liverpool, are developing their own systems to test and trace, filling in the gaps of what Serco et al are missing.   But they're doing it with precious little in the way of funding. In the meantime it looks as if Serco [I think it's them] will be given more hundreds of millions on top of the £100 million that hasn't been effective so far in a couple of weeks. Given that the PM has swanned off to Scotland for a couple of weeks this isn't looking good.
    • i've known 10yrs of DD's to be refunded. the company must prove a valid contract for the period. no proof the DD's all get refunded   dx  
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
        • Thanks
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
        • Like
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
        • Thanks
      • 16 replies
terrytibbs100

Quick bit of advice please re: KPR/Nationwide Flexaccount

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3552 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

Got a Nationwide Flexaccount that's currently overdrawn by circa £3k - however, half of this is charges largely incurred when they reduced my OD limit after I went on a Payplan DMP (which I'm up to date with).

 

Got the DN a while ago, then a couple of weeks ago I got an letter from KPR to call them to discuss a reduced settlement figure, now today I got the "last letter before legal action". I've not responded to any of these, as when I did that with the credit card debt I have, I got nowhere and they started CC proceedings anyway.

 

Any advice on what I should do next? Do CCA requests and unenforceable CCAs apply for bank accounts? Any other general advice or do I just wait for them to issue CC claim form?

 

Thanks for any advice, TT

Share this post


Link to post
Share on other sites

I'm far from an expert .. but the little I know may help (or not :) !) ...

 

Overdrafts are partially covered by the CCA as they are a form of rolling credit. Thats why on yor credit record it only shows the amount of your OD balance, and not a positive balance i.e as one would have in the normal working of their current account. This has been verified by the CRAs too.

 

Whilst there isn't a signed agreement as such, your bank should have sent you a letter when the OD commenced (and each time the level changed) advising of the amount of authorised OD, the interest charges and how the "agreement" can be ended i.e "we will give you 2 weeks notice" or something of the like. They are the terms under which your OD has been granted if you like.

 

Any default notice issued must comply with the terms of the CCA too - as the part they are trying to collect on (a running/rolling debit balance) is regulated ...

 

Although having said that, I have read on here that some banks don't send DNs out for overdrafts - but then that would be wrong because we know that ODs are partially regulated by the CCA74 - as supported by the Coutts case, and the CRAs. So to my mind the banks have to send out a DN to comply with the terms of the CCA74.

 

You;ve had a DN yourself .. have you checked out your DN ... is it defective i.e amount asked for, enough time for service, correct wording and layout etc... could this be an angle of defence as if improperly served this could be an area to play on with them....

 

I'm sure someone will be along shortly to also give you some more advice ... as I say I'm not an expert, but hope that this info may give you a few ideas of how to take things forward ... you may want to push them on the regualted bits and defective DN to see what they come up with ... or you may just want to offer them a % per month to repay the debt and avoid any hassle, court etc...

 

Good luck ...

 

TB

Share this post


Link to post
Share on other sites

Hi,

What date was the DN issued and what date for remedy?

 

Elsa x


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Share this post


Link to post
Share on other sites

Thanks to TB and Elsa.

 

I've scoured and scoured and can't find the DN - I'm now starting to wonder if I actually got one! The last letter received yesterday was a termination notice and notice of intention to take legal action, and within that letter it did say I'd been served with a DN.

 

It's possible (though unlikely) that I've mislaid it but I'd like to be sure.

 

What's the procedure for getting documents from them relating to a bank account, is it the same as on a credit card?

 

At this pre-court stage would I be able to do a CPR31.14 or an SAR or something different, any ideas?

 

Thanks for the help.

 

TT

Share this post


Link to post
Share on other sites

Hi Terrytibbs,

First of all, check the wording in the legal action letter. Does it say "may" or "will"..usually a good indication of whether it's just a scare-ogram or means business.

I would send off a Subject Access Request immediately, in order to access all the information without alerting them to your main requirement..to see if they've noted issuing a DN on your comms log..

Send that by recorded to the Nationwide Data Controller, with a PO for £10.

Here's the SAR letter link:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

They rarely keep actually copies of DN's, but one may turn up in the bundle.

I personally would hold off on the CPR request unless/until they issue a real claim.

In the meantime, write back to the bank seperately , again by Recorded Delivery, and tell them how suprised and concerned you are that they have escalated this to the point of threatening Court Action when you are already clearly making every effort to deal with this debt by regular payments via Payplan. State that you feel that enforcing this through the Courts is unnecessary, would not result in any increase in payments due to your financial position, and would be likely to be viewed by the judge as vexatious and an abuse of Court process.

Finish by saying that this situation has only arisen due to bank charges incurred following their reduction in your overdraft facility, which caused you distress and hardship.

Ask that they cease this heavy handed and unnecessary attempt at enforcement and allow you to continue paying off the balance as arranged via Payplan.

I'd send it directly to the CEO of Nationwide...I'll try and get you the address.

 

 

Elsa x

Edited by Undercover-Elsa
typos

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Share this post


Link to post
Share on other sites

Here's a thread with contact info for Nationwide:

 

http://www.consumeractiongroup.co.uk/forum/nationwide/74992-nationwide-contact-information.html

 

The CEO is called Graham Beale.

 

Elsa x


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Share this post


Link to post
Share on other sites

Hi Elsa and all,

 

Didn't get as far as an SAR (but will do one now) but did write to the CEO - they have reduced the balance slightly due to charges (possibly realising I might be eligible to claim them back anyway) but are now taking it further via solicitors. Will send in SAR today.

 

Any other advice on what I might do in the meantime is as always very gratefully received.

 

Thanks, TT

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...