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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 used for testing (and ours reinstalled) 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? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? 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.  👍
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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
        • Like

Leslie Vs NatWest - **WON**


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Starting my claim for £100 for my old student account tomorrow. Got all my statements so giving them 21 days - the normal 14 day before court action letter but an extra 7 days for them to acknowledge i am starting a case against them.

 

Also claiming £100 for my Natwest Credit Card.

 

Fingers crossed!

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Reply from Natwest for my student account dated 5th June. Usual bog-off letter also includes this:

 

'We have considered the OFTs statement of 5 April 2006 and do not accept its findings in relation to the setting of credit card fees. We are concerned that the OFT has publicly called into question the setting of charges applied to other products, including current account. The OFT has restricted its investigation to credit cards and made no attempt to consult with RBS Group or the industry in relation to other entirely different products.'

Should i wait the 21 day time limit ive given them, send the letter again? or just start a moneyclaim.

Letter was from Stuart Higley

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any help?

 

i was thinking i should send a letter telling stuat higley that the bank have paid out on these types of claims so they must know there in the wrong.

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Why dont you try giving these a ring directly, just a suggestion, tell them, (as i doubt you'l get through to him) in the message you leave that you are going to court over this matter regardless of their views, unless they pay up in full by the deadline you have set them. Id be interested in the outcome. I know we are advised not to do this and this is completely a personal opinion, but what have you got to lose? I know it was a route i took.;)

John Cunnane

Manager

Customer Relations Unit - Depot Code 040

225 Shenley Road, Borehamwood, WD6 1TE

External: 020 8236 8007

12th May DPA sent to Natwest

17th May pre-lim sent £1241

26th May Full refund offered

27th May Accepted!!

on with next....

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i wouldn't waste time arguing the point with them.

 

Carry on with the standard process and keep to your timescale. It's all standard delaying tactics by the banks hoping you'll give up and go away.

 

You can call them if you want, but don't delay anything because of it.

 

If you do call/write to them of course, let us know what happens!

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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  • 3 weeks later...
  • 4 weeks later...

I was lazy and left in late but handed in my N1 form to my local county court on Friday 14th July, this was deemed to be served on Monday 17th.

 

A fat cheque arrived for the full amount- £160 this morning! I cant believe it!

 

Of course- NatWest feel i have no case whatsoever but due to the amount it is 'not commercially viable or cost effective' to defend the claim.

 

I must not disclosed any information (oops!) and must withdraw my claim.

 

Thanks to all those who set up this forum. I will be writting to NatWest to thank them, but maybe they should have taken me seriously in the first place!

 

Again thanks to all- im lookin forward to fixing my car!- After a donation of course.

 

WooHooooooooooooo...........

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Congratulations!!

 

That is fantastic news!

 

Please complete our bank charges survey

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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yes- just asked nicely for my charges back and gave them 21 days but ended up being an extra 19 days and then just handed in my form. Your result will depend on how much your claiming as to how far they take things. When i didnt stick to my deadline i guess they thought i had forgotten about it- stick to your guns and the time limits you set.

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