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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
    • As the electric carmaker sees sales fall and cuts jobs, we take a closer look at its problems.View the full article
    • Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this? Every day is a school day.
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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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    • 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.
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      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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Guinness v Nationwide **WON**


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2 payments now show on my account as Refund of interest

total: £1950.00 approx and 1 showing as cash credit £505.00

which is equal to Interest plus Court fees.

Will sort my Paypal accout out as I had problems

getting it to work a month or so back and then

donation will be on the way. Thanks to all on this

site. :)

Will fill in survey as well.

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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well done,

It's not the size of the dog in the fight, but rather the size of the fight in the dog..:D

MBNA SETTLED IN FULL £216.00

Preffered Mortgages Ltd MCOL going in for £3.5K

Nationwide £702.00, SETTLED IN FULL.

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Hi Guinness - Congratulations! I'm delighted for you - seemed to come through very quickly - did they not even say they were going to defend? Gives me hope that I'll get mine within a few weeks - keep your fingers crossed for me? PS Thanks for all the help and advice you have given me. Elsie

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Thanks Elsie hopefully yours will be on the way soon.

I rang the Process Office last Wednesday who said the

notice of claim had been served but they had not heard

back from NW. No details on the online claim site either.

On adding up the refund amount, interest plus Court fees

refunded is accurate to the penny but the 2 refunds of

interest ie the penalty charges is £1945.50 where as I was

claiming £1954.50 so £9.00 short. I think this is possibly a typo

on their part but am not too worried about it. However I have

still one returned DD fee of £30.00 which came out a few

weeks ago. I will get in touch with them in regards to this.

If they refund if then and only then will I inform the Court that

I am satisfied with the out come otherwise I will chase them for

the £9.00.

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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Donation on its way today!!

Great site

Great help from all concerned

again thank you to all.

ps. keep up the good work on this site Dolly

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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Hi Guinness, any word of them closing your account? I haven't got my 30 days notice from them yet. I was wondering if they had realised that they are cutting of their nose to spite their face! I got a leter from NW telling me that my money was being refunded but not the full amount I was asking for (they were about £6 short) and they also said they were cancelling £80 in pending charges. Do you think they have had a change of heart? - unlikely I know but you never know!!!!!!!! Elsie

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Got my letter about 2 days ago. letter dated 20/09/2006. I have until the 20th

of October to pay off my overdraught and then the account will be closed.

Not too worried as i am only about £45.00 overdrawn however there was a charge

for a returned DD just after I filed my claim and the letter they sent says they

have refunded one amount but on adding up the credits to my account they still

owe me £9.00. I am going to write a letter to them pointing out their mistake and

asking them to credit the £30.00 penalty charge, if they agree to refund then o.k.

if not then off to court again. This time i will ask for 15 hours of my time

just to concentrate their minds.:lol: Hopefully they will just credit the

£39.00 without any hassle

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 months later...

Thanks Oldandslow the process takes a while but is pretty straight forward

once you get your head round it. There is plenty of help on the site if needed.

If you have any questions feel free to send me a private message.

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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My sister in law took Nationwide to court recently.

 

She was £500 overdrawn due to charges alone but had already taken out another bank account for her wages to go in as she could not afford to loose her monthly wage in one go on Nationwide charges.

 

We wrote asking for a list of charges and got six years statements, these added up to £2300! She wrote the letter asking for the money back and got the usual blurb about how their charges are fair and she knew what she was signing up to etc, they then said they would investigate (stalling for time).

 

The next letter said they had investigated and they still deemed their charges were fair and if she wanted to she could take this up with the Ombudsman.

 

We took them straight to court on Moneyclaim which cost £120. The first thing they did was to get their solicitor to state they would be defending the claim in full (another scare tactic) and then yesterday (5th Jan 2007) approx three weeks after the court letter went out they wrote saying they had looked into the matter again and refunded £2000 onto her account! They have, she is now £1500 odd in credit!

 

She then got another letter today saying that as she has proven she is unable to abide by their Flex account terms and conditions they are giving her 32 days notice to close her account and all of her loans and overdrafts will have to be paid in full by that date. This of course does not matter in her case but means it is definently worth having an alternative bank account in place!

 

Another justice for the little person against these bloody great bullies!

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Well done on getting the £2000.00 back off them. Make sure you get

 

everything that they owe you including court costs. Write telling them

 

the claim will not be stopped until you have all YOUR money refunded.

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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