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    • One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
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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
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Here we go !! **WON**


tristar
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Pre lim letter sent today, claiming £4193 from Nationwide, as inspired by Lori1 :D Bit apprehensive, but excited as well. Will keep those interested posted via this thread.;-)

 

Tristar

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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Yet another soldier joins the battle against the banks.

 

Do not get put off by any responses that you may get from Nationwide-stick with it and keep us all informed

PPMAN159

 

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Does the 14 days start from when they receive the letter or from when I sent it (registered) ?

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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hi tristar, good luck with your quest!! you know you will be fine if i can do it anyone can, best of luck.x

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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Hi, eveyone, just a quick update. Today I received the standard "not going to refund" letter. Speedy reply from Nationwide, (just after 3 days from receiving my registered letter and schedule) In the FAQ it states I should wait 14 days before going to LBA stage, but as they have already said "sod off", Can I go with the LBA straight away? today.

(14 working days up on 02 May)?

 

Any advise more than welcome, cheers

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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If they have said that they are not going to refund your charges what letter have you sent them to provoke this reply?

 

Usually I would have thought that they would only reply in this fashion after they have received the LBA.

 

Let us know.

PPMAN159

 

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Hi PPMAN159,

 

Sent the standard prelim letter with schedule on the 11th Apr. The reply was along the lines of "sorry we have not met your expectations etc....", "thankful for the feedback from valued cutomers", Why charges are incurred etc... but " After careful consideration of your request, we're sorry that we can't agree to your charges being refunded". They go on to explain they would only consider in exceptional circumstances and on this occassion it would be unfair to other members who find themselves in a similar situation and whose charges still remain.

 

I thought this was the stock reply??

 

Your thoughts>>>

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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And they probably said that if you cannot abide by these terms and conditions going forwards then we suggest that you fidn alternative banking arranagments!

 

I got a similar letter in January.

 

Suggest you go to Money Claim On Line and get back what is rightfully yours.

 

This link may help you

 

Her Majesty's Courts Service - Home

PPMAN159

 

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No mention of finding alternative banking arrangements. PPMAN159, are you suggesting I go strauight to court action and not sending the LBA // getting confused now !!

 

in brief, I have only sent the prelim with schedule. The return letter is as above with a 56 day reply time limit, a leaflet explaining the Internal complaints procedure and a 5 step plan to avoid bank charges

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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I had assumed,wrongly,that as they were refusing to pay the charges back that you had already sent the LBA to them.

 

As such send the LBA, give them 14 days and if nothing is received then go to HMCS and set up a claim on Money Claim On Line.

PPMAN159

 

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hi tristar..........no you must send the LBA this is the same letter i got, just a standard reply, wait your 14 days and then send the next letter, it is advised that you stick to the timescales as set out by cag, best of luck.x

  • Haha 1

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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OK, so I'll get prepared and ensure I send the LBA on the 02 May. Still wondering why I have to wait till then if they have already said no way, but if thats the way to go and has a proven record then so be it, I don't want to give them any excuse to get out of this, just eager to take them on.

 

Thanks one and all (especially lori1 !!)

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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As they have already replied to you and said that they are not going to play ball I would not wait until the 2nd May-I would send the LBA now.

PPMAN159

 

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My thoughts exactly, but what if they say I haven't abided by the correct timescales and start messing me about??

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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i understand tristar i can only advise as i too asked the same question and this is what i was advised, i too thought as they had replied that i should just go ahead, and you know it probably wouldn't make any difference, i am only offering the advice that i was given, and as you said you do not want to give them any excuse for not paying out your claim, it is only a few more days and think of the interest!! and this method has been tried and tested. x

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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I do not see how a bank can moan about correct timescales considering the resposnes that they send out and the 'please bear with us while we investigate' line.

 

They need to start dancing to our tune.

 

They are given a certain period of time to respond and they have done so by saying that they are not going to pay up-so to my mind that particular clock has stopped ticking and it now time for the LBA clock to be wound up and set in motion.

PPMAN159

 

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OK, I understand both view points, and having studied the wording of the prelim letter and the fact that they have replied (albeit in the negative) within the 14 day time scale, the LBA goes off tomorrow first thing. I don't need them to dance to my tune, but I'll strike while the irons hot !!

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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lol, good for you tristar, that is the thing about cag, advice only!! it is you who sets the timescale and the very best of luck to you!!x

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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Thanks, your advise is vital, will keep you info'd and please stay close. Ta

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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i will, have no fear, anything you need just give me a shout!!

 

lori xx

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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Hi Tristar,

Just had a look at the standard reply that was sent to me on 8th March.

I think the jist is the same as yours,

"rationale behind charging policy"

"speculation about fees and charges in the media"

"charge in accordance with the terms and conditions"

"unable to refund any charges"

"within next 56 days, I will close our file"

but no mention of other members so I suppose they have adjusted the reply somewhat.

 

Sorry to alarm anyone

inthedark

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Ok gang, LBA sent recorded today. stay tuned !!

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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