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    • you would most probably have to raise a court claim naming the dealership and the finance co as joint defendants. you'd win hands down. @BankFodder is best for confirming this. you don't 'contact them' you WRITE expressly exercising your right under CRA, etc as above.
    • Thanks for the reply do you think it’s just a threat for the 14 days or they will send court letters 
    • That’s great, thank you so much. We will contact Doves and the finance company again and hope they will resolve it. Out of interest, where would we stand if we did pay the costs? Would we then be able to claim that back or should we just wait for a response from them before we take the car back from Mercedes?     
    • As I'm off on holiday on Wednesday and won't be around I'll bring things forward and be pessimistic and decide that Iceland won't cooperate.  There are two things to ponder. The private parking companies have a lot in common for obvious reasons.  But also some differences. Excel and its sister company VCS are by far the most litigious.  They take large numbers of motorists who don't pay them to court - perhaps the majority.  That's not because they have a good case.  Indeed their case is rubbish.  It's because, sadly, enough people are terrified of the idea of going to court and just pay up when the court papers arrive.  It's a numbers game to Excel/VCS. In cases where the motorist is in it for the long haul, Caggers win 85% of the time in court against Excel/VCS (yes, I did once go back and counted all the court cases over the previous 30 months).  But Excel/VCS take the odd defeat because of the mugs who just panic and pay.  So take this into account when deciding what to do. Secondly, without boring you with the reasons, I know about the world of local journalism.  Papers have great difficulty in filling their column inches.  If you do contact the local media there is a 100% chance that they will publish something and embarrass Iceland - and maybe get them to back down. Again, have a think if this is a road you want to to go down. If you don't win by Wednesday!  
    • Followed up with letter which is no surprise as I’m easy to find via electoral roll. Letter says we have been asked to recover from you on behalf f our client in Middle East x amount. if you believe you are not liable please contact us - yeah right! If you wish to make payment here are our client bank details which look genuine and relate directly to a Dubai bank. ” if you don’t engage our client may take further action” etc blah blah blah. its the same type phrases used by CWD/IDRWW/IDR etc…..   I ignored the email, blocked the text number and will wait to see if I receive any formal action via Mail but seems like the same tactic I’ve seen for 10 years plus and I’ve ignored all. just for people’s info
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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.  

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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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Its time to use Nationwide's actions against them


Quest
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Hi to everyone who is challenging the Nationwide. I am currently at the MCOL served / acknowledged stage and I am anticipating that the Nationwide will cave in and pay up very soon.

 

What I would like to do, in anticipation of them caving in and paying up, is gather evidence via CAG of other claimants who have filed against Nationwide only for them to acknowledge (i.e. pretend to defend) and then pay up.

 

I want to write to the Northampton court with a list of cases where they behaved this way. It's time to stop the Banks abusing the court process and wasting time.

 

Please reply to this thread if you have filed against Nationwde and they acknowledged your claim, but paid up without going to court or offering a defence. I need to know:-

 

1) your MCOL / claim number

2) confirmation that Nationwide acknowledged

3) confirmation that they DIDNT actually defend, but paid up after acknowledgement.

 

Please also supply dates for all of the above.

 

If I get a body of enough evidence, then I will write to the court and ask them not to accept any more aknowledgements from the Nationwide,and seek default judgement in favour of all future bank charge claims against them. I beleieve from reading other bank threads that some county courts have already begun to rule this way and challenge bank behaviour.

 

Even if I dont achieve the desired result, this action will start to put pressure on the Nationwide and raise awareness with the court that the process is continually being abused.

 

Quest

 

Also, could a mod please answer this question. if when claiming via local court or via MCOL we are allowed to enter any valid address for the defendant (e.g. a branch address) for court correspondance, why is everyone making it easier for the banks by submitting the claim with their Head Office address?

 

I recently won against Bank of Scotland and listed my local branch as the address for all dealings with the court. BoS failed to defend in time and I won by default. I suspect that their admin was so poor that using the branch network instead of their Head Office acted in my favour! It seems that they may have got tied up in their own admin red tape. If this tactic is a valid one and could work in favour of the claimant, then why not advise everyone on this forum to stop making life easy for the Banks and make them work a bit harder in response to these claims!

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Hi quest

 

I queried something along the same lines and the response I got was a resounding no no.

 

the courts are already more than painfully aware of the "by rote" defences submitted by banks, with no intention of ever pursuing the case to court.

That was one of the replies I got.

 

 

On TV a week or 2 ago "tonight with trevor mcdonald" The senior county court judge (official title not sure of). He mentioned that almost all county court judges are just as peeved off as we are of the banks tactics. So as you can see writing to the court would really be a waste of time.

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Thanks Mahharg,

 

I find it a bit strange given the level of Court knowledge and unhappiness at the Bank's behaviour that some sort of coordinated effort by CAG is not implemented.

 

Clearly the Banks are getting away with murder, tying up a lot of court time and abusing the process. At the very least we should be lobbying the court with the wealth of evidence that this site has at its disposal.

 

The more pressure built up against the Banks, the more likely individual consumers are to secure justice without having to go to the lengths forced by the Bank's behaviour of drawing things out in the attempt to limit their liabilities.

 

Anyway, lets see how the thread progresses, but thanks for your reply.

 

Quest

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