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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      If you are buying a used car – you need to read this survival guide.
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      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Guinness v Nationwide **WON**

guinness

By guinness
in Nationwide Successes

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guinness

guinness

Posted
Posted

Have sent DPA on 19/05/2006 reply from Gary Parkins saying statements will be sent

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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BankFodder

BankFodder

Posted
Posted

Keep us posted.

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  • 4 weeks later...
guinness

guinness

Posted
  • Author
Posted

Recieved statements today. Quick calculation approx £1900.00 :eek:

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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guinness

guinness

Posted
  • Author
Posted

Just added up my charges. Total: £1,954.50

On to the prelim letter asking for MY money back.

Will send it first thing Monday morning :wink:

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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guinness

guinness

Posted
  • Author
Posted

Prelim letter sent today by recorded delivery to Charles Bacon

Parachute account up and running :grin:

Now waiting for standard reply :roll:

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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  • 2 weeks later...
guinness

guinness

Posted
  • Author
Posted

Letter received today from Sarah Watson thanking me for my letter.

Usual statement of how they justify charges and referring to T&C etc.

Also states if I feel I cannot abide by these then perhaps it is time

to consider alternative banking arrangements.

Perhaps it is time to draft my LBA me thinks :mad:

Will do this tomorrow and send late next week when the 14 days I

gave them are up.

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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  • 2 weeks later...
guinness

guinness

Posted
  • Author
Posted

Letter Before Action sent to Charles Bacon 18/07/2006. ;)

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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ElsieLC

ElsieLC

Posted
Posted

Hi - I've just sent my Prelim Letter to Nationwide by recorded delivery on 19 July 06 and I was glad to see someone else from Northern Ireland who I can compare notes with as our Small Claims system seems slightly different (ie £2000 rather than £5000). To start with I have claimed for the previous 2 years charges as that was the maximum I could access online and as it came to £1843.08 I thought I would go ahead and put this through. I intend to request the previous 4 years statements from Nationwide when I complete this one and claim the charges contained in them back as well. Good luck. Keep posting.

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guinness

guinness

Posted
  • Author
Posted

Hi Elsie good to have you along. Are you claiming for Flexaccount or C.Card.

I noticed on my statements from NW that there were 2 or 3 refunds of charges

taken from my account 2 years ago, but no details as to what charges the

refunds related to. Will be filling claim in Belfast C.Court within the next

fortnight. Will keep you posted.

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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  • 3 weeks later...
ElsieLC

ElsieLC

Posted
Posted

On 28 July I got a response to my Prelim Approach Letter and surprise, surprise they had refunded £530 into my Flex Account. They did say they could not refund any more so I replied acknowledging their lodgement and accepting it as a 'partial' refund but reminded them that I was still going after the full amount. Posted my LBA on 1 August - no reply as yet but there's still another week to go before I submit my claim online to the small claims court. Was wondering if anyone in Northern Ireland has submitted a claim online before.

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guinness

guinness

Posted
  • Author
Posted

Recieved a letter from member services yesterday saying my complaint has been passed to them and that they have 56 days etc. Will do spreadsheet tomorrow

detailing charges and interest and pick up forms from the court and fill in my claim.

Sadly no money credited to my account yet. Will keep you posted. ;)

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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  • 2 weeks later...
guinness

guinness

Posted
  • Author
Posted

Just a quick update. Filled in the Small Claims form this morning and

have now filed it in Belfast Court. Now for another wait :(

Hopefully not too long this time. :D

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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ElsieLC

ElsieLC

Posted
Posted

Keeping my fingers crossed for you! We are both claiming about the same amount - I'm going to lodge my claim next week. Going by previous threads you seem to start getting your money back about a week after you get their acknowledgement. Did you fill your claim in online or did you use the form you can download from the courts website and just one more question - was the court fee £62? Good luck - looking forward to seeing a message from you saying that you have got all your money back.

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guinness

guinness

Posted
  • Author
Posted

Hi Elsie, filed my claim in person at Laganside Courts. Cost was indeed £62.00

Downloaded and printed off form from Courts website and then typed in my

claim details. Three copies of this and three copies of schedule of charges and

schedule giving details of interest given in to court. Used Pipers Way address.

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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ElsieLC

ElsieLC

Posted
Posted

Thanks for the info Guinness - I have to wait until pay day to pay for the court costs as the Nationwide have now taken a further £80 out of my account in charges leaving me with a minus balance which of course they will charge ME £20 for an unauthorised overdraft fee (even though it is their charges that put me overdrawn). I've e-mailed Charles Bacon pointing out that he could save a few hundred pounds by paying up before court but I doubt if he will. However, as soon as I gather together the £62 I am definitely lodging my claim. Good luck with yours. I will eagerly watch the site to see how you are getting on.

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guinness

guinness

Posted
  • Author
Posted

Nationwide have taken another charge of £30.00 from my account :mad:

for a returned DD. Will ring them once they have settled my claim.

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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guinness

guinness

Posted
  • Author
Posted

All papers recieved back from process office. :confused:

Need to fill in form and sign to acknoledge that

I want them served in England as I used Pipers Way

address. Will sign and date and return to them.

Then 7 to 10 days wait for them to be served.

Not sure if this form can be found online or not.

If filing in person perhaps you should check if

these are available at the court or consider using

local branch address.

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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  • 4 weeks later...
guinness

guinness

Posted
  • Author
Posted

Well NW have recieved the Court papers but no reply yet. :mad:

Just have to wait for MY money now. :)

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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dolly

dolly

Posted
Posted

Great - bet you have your money within the next 10 days at the latest :)

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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guinness

guinness

Posted
  • Author
Posted

Hi Dolly I will hold you to that.

If I get MY money by then will donate £50.00

on top of the 5 %.

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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dolly

dolly

Posted
Posted

Ooooh, I'd best get on the phone to my mate Charles then!! :lol:

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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guinness

guinness

Posted
  • Author
Posted

Hi Dolly I think you are a witch !!

Checked my balance before I logged onto the site

and was in the RED. Have just checked again

and have recieved approx £2500 HAPPY DAYS

Shows as cash credits. Oh well £50.00 worse off

But well worth it for this site.

Donation on it,s way. :)

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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guinness

guinness

Posted
  • Author
Posted

I am off out to celebrate then. :)

Who do I P.M. about a donation.

Data Protection Act sent to Nationwide 19/05/06.

Statements received 24/06/06 - Charged £1,954.50 :eek:

Prelim letter sent to Charles Bacon 27/06/06 :)

Cannot refund letter from Sarah Watson 07/07/06 :rolleyes:

L.B.A. sent to Charles Bacon 18/07/2006 ;)

Claim deemed filed 30/08/2006 8)

* REFUND TIME * 15/09/2006 :p

*£1945.50 + £443.37 interest + £62.00 Court fees*

** DONATION MADE **

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dolly

dolly

Posted
Posted

Congratulations!!!!

Very, very pleased for you :) Yours came through really quickly. You enjoy that celebration. If you click the banner at the top left of the page that says 'Want to help with hosting costs etc' it will take you to paypal. Otherwise, PM Bankfodder and he will be more than happy to tell you where to send it.

 

Edit:

 

Forgot to ask, could you fill in the survey, please?

 

http://www.consumeractiongroup.co.uk/survey.php

  • Haha 1

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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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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