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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Andy-T v Clydesdale Bank


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Hope it works out for you to Andy, i would get in touch with the FOS Too, because i rekon the bank will probobly fob you off the same way they did to me - my rubbish £200 check, my charges that were put on my account are exactly for the same reasons as you, being stupid with my overdraft! x same amount also too, what were we thinking lol x

Thanx for your help again,

 

Caroline x:p x

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Have been reading round some of the FAQ's and still can't find the answers to the above issues, if anyone even point me in the right direction?

 

Also, it just occured to me, while I don't have statements going back 5 years, I do have them from the start of the year. At this early stage, would it be un-reasonable to write to the bank with a preliminary approach for an estimated refunded calculated on the basis of what i've been charged over the last four months?

 

I realise this makes a sweeping assumption that I've been charged consistently throughout the last 5 years though in light of the clydesdales failure to comply with the SAR, surely it is up to them to disproove the accuracy of the figure?

 

Andy

;) Hiya Andy,

regarding your bank statements, I requested the Yorkshire Bank statements, but for the HSBC statements I used my Internet Banking which allows you to go back the 6years, this takes away 40days waiting.

PS. hope this helps you out.

junkimunki x;)

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  • 2 weeks later...

Ok Guys,

 

Could do with a little help if anyone can?

 

I've double checked through all my statements and im confident I've got all he charges listed. The only thing is I closed my account at the start of June as Clydesdale were repeatedly charging me and I couldn't keep up. Unfortunately it also means that I havn't been sent my May Statements which I really don't want to miss off my claim as there was a considerable volume of charges clumped into the month. Also, as the account is now closed, I can't even use Internet Banking to get the info.

 

So.. Is there any way to get this information from them? I would grudgingly pay the £5 per sheet standard dup statement cost as it's only a single month but would this mean I have to wait another 3 months for them to print or can they be requested in the branch over the counter?

 

Andy

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hi i am now at 130 days and still no statements!!! i have complained to commissioner and they have still done nothing!!! phoned the commissioner last week to say they still hadent sent me my statements they said there wasnt much more they could do!!! so i phoned ombudsman who said they will take my case on and that i dont need my statements to pursue the bank for charges, got letter off bank yesterday saying they will be investigating my complaint and will be in touch when they reach a conclusion, ive waited this long so they better not try fob me off with £200!!

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ok guys!! i spoke to the FOS about my claim, they told me to send the £200 check back to the bank /solicitor last month which i did, they were going to try and get me the full amount instead!! they have been in touch with the bank and there now refusing to give me any money!!!! so its now in the banks hand to supply the FOS Detailed reasons why they should not be giving me my money back!! :( this could take up to 6 weeks!!! - if all fails i will take them to court!! i will have all the info i need by then!! its soooo obvious they are in the wrong!!! x

Thanx for your help again,

 

Caroline x:p x

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