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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.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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jwright -v- Nationwide | SETTLED 18/07/06


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OK.

No - they only issued the default notice after litigation had begun.

 

From your own experience what do you suggest I do now, Alan?

 

Is it in the FAQ's? Yes - it is. Just found it.

 

I dont have a problem going into action again.

 

Anyone else in the same situation?

 

jwright

27.04 Prelim NATIONWIDE

Data Protection Act CO-OP

28.04 Response CO-OP

24.05 Data Protection Act GE MONEY

31.05 Response GE MONEY

03.06 Moneyclaim NATIONWIDE

23.06. Letter from Charles Bacon - partial settlement.

26.06 J Wright to Charles Bacon: thanks - but no thanks

04.07. Default Notice served

06.07 Allocation Questionaire

07.07 28 days up for above

NATIONWIDE SETTLED IN FULL 18.07.06

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Yes - its all in the FAQ under the Data Protection Act section (for Newbies who might read this thread)

I notice you have taken action against HSBC for an unlawful default.

Which route did you go Tobes?

jwright

27.04 Prelim NATIONWIDE

Data Protection Act CO-OP

28.04 Response CO-OP

24.05 Data Protection Act GE MONEY

31.05 Response GE MONEY

03.06 Moneyclaim NATIONWIDE

23.06. Letter from Charles Bacon - partial settlement.

26.06 J Wright to Charles Bacon: thanks - but no thanks

04.07. Default Notice served

06.07 Allocation Questionaire

07.07 28 days up for above

NATIONWIDE SETTLED IN FULL 18.07.06

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I thought that maybe because they didn't issue it until after the action that you might have some leverage but I would bow down to Alan's superiority in this matter :D

 

The trouble is the banks don't seem to take much notice until there is a danger that they might have to try and justify their actions in front of a judge.

 

They don't seem worried about the Information Commissioner, and they certainly have no fear whatsoever of the Financial Ombudsman!

 

On the other hand you will find that DCA's do bow under pressure, as they are accutely aware that they need to maintain a reasonable working relationship with Trading Standards.

 

 

 

 

 

 

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What's the DCA?

So from that comment, Alan, looks like the way to go now is to file a claim for removal of the default.

I notice you are doing that with Onetel. How is that going?

Anyone taken on Nationwide? How did it go with them?

27.04 Prelim NATIONWIDE

Data Protection Act CO-OP

28.04 Response CO-OP

24.05 Data Protection Act GE MONEY

31.05 Response GE MONEY

03.06 Moneyclaim NATIONWIDE

23.06. Letter from Charles Bacon - partial settlement.

26.06 J Wright to Charles Bacon: thanks - but no thanks

04.07. Default Notice served

06.07 Allocation Questionaire

07.07 28 days up for above

NATIONWIDE SETTLED IN FULL 18.07.06

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Wow! I see what you mean!

That looks as tho it will be the starting point for my run in with GE Money.

That is a completely dodgy story!

 

Back to Nationwide.

I'd still like to hear from anyone who has taken them on re. an unjust default.

Need a bit of support and feedback before I go ahead and file another claim against them for the Notice they have served me.

 

Anyone?

27.04 Prelim NATIONWIDE

Data Protection Act CO-OP

28.04 Response CO-OP

24.05 Data Protection Act GE MONEY

31.05 Response GE MONEY

03.06 Moneyclaim NATIONWIDE

23.06. Letter from Charles Bacon - partial settlement.

26.06 J Wright to Charles Bacon: thanks - but no thanks

04.07. Default Notice served

06.07 Allocation Questionaire

07.07 28 days up for above

NATIONWIDE SETTLED IN FULL 18.07.06

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As to my HSBC default I have requested that the court erase the default under the Data Protection Act because it is based on unlawful charges...No idea at all how it's going to work out, haven't seen anyone else do this so am just making it up as I go along...I will let people know how it goes...Have also asked, as is allowed under the Data Protection Act, for compensation to be awarded as the court sees fit...hehe not sure if I'm pushing my luck!

 

What I'm really interested in is that because I've linked the default with the unlawful charges, even if HSBC offers me the full amount I'm not sure that I ahve to accept unless they do the default as well - so I can ignore their offers and still get to court and be justified in not having taken their offer - this might make HSBC sweat a bit and actually allow someone at last to get the issue of charges to court!

 

What do you think Alan?

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Well - I might initiate something with Nationwide in that case.

Perhaps we can keep in touch via the forum and let everyone know how it progresses.

What do you say to that, Tobes?

 

Should it be a new thread, mods?

 

How did you word your Moneyclaim?

27.04 Prelim NATIONWIDE

Data Protection Act CO-OP

28.04 Response CO-OP

24.05 Data Protection Act GE MONEY

31.05 Response GE MONEY

03.06 Moneyclaim NATIONWIDE

23.06. Letter from Charles Bacon - partial settlement.

26.06 J Wright to Charles Bacon: thanks - but no thanks

04.07. Default Notice served

06.07 Allocation Questionaire

07.07 28 days up for above

NATIONWIDE SETTLED IN FULL 18.07.06

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Sure :)

 

I kept to the suggested claim wording more or less but just included the fact that they defaulted me based on those charges and that as part of my claim I wanted compensation (which i believe is available for a DPA breach - though I don't expect anything) and an order for erasure of the default...If I get it wrong at least others can be warned ;)

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What I'm really interested in is that because I've linked the default with the unlawful charges, even if HSBC offers me the full amount I'm not sure that I ahve to accept unless they do the default as well - so I can ignore their offers and still get to court and be justified in not having taken their offer - this might make HSBC sweat a bit and actually allow someone at last to get the issue of charges to court!

 

What do you think Alan?

 

Certainly you would be justified in refusing to accept a full financial offer as settlement, if they fail to agree to remove the default. In many respects the default could cost you more money than the charges, since it directly effects access to credit, and the level of interest that would be charged on any future loans.

 

You will not find any criticism from a judge, for holding out over the default. Having said that, I doubt whether the bank will want to go into court on the default issue anyway - simply because it relates so closely to the charges.

 

 

 

 

 

 

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Hello Everyone

 

As I have not yet had written confirmation of settlement from Nationwide I have just been onto the Nationwide Credit Card section and spoken to Adam Slater. He told me a letter was sent out on 19 July.

He has assured me that my credit card account has been cleared and re-instated and will have a credit of the £40 I paid them (penalty charges) and that my default has been removed.

He also assured me that he will put this in writing again and in the post today.

I said again that I would not be advising the court of settlement until I had received this.

 

Charles Bacon's letter of settlement was dated 17 July.

But its still not settled and today is the 26 July.

27.04 Prelim NATIONWIDE

Data Protection Act CO-OP

28.04 Response CO-OP

24.05 Data Protection Act GE MONEY

31.05 Response GE MONEY

03.06 Moneyclaim NATIONWIDE

23.06. Letter from Charles Bacon - partial settlement.

26.06 J Wright to Charles Bacon: thanks - but no thanks

04.07. Default Notice served

06.07 Allocation Questionaire

07.07 28 days up for above

NATIONWIDE SETTLED IN FULL 18.07.06

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Yes - thank you, lee6370. I shall see what they have put in the post to me.

 

And thank you Tobes.

 

For anyone reading this thread don't beleive a word of what Nationwide say until you have it all in writing. This seems to be the message and advice from my experience.

27.04 Prelim NATIONWIDE

Data Protection Act CO-OP

28.04 Response CO-OP

24.05 Data Protection Act GE MONEY

31.05 Response GE MONEY

03.06 Moneyclaim NATIONWIDE

23.06. Letter from Charles Bacon - partial settlement.

26.06 J Wright to Charles Bacon: thanks - but no thanks

04.07. Default Notice served

06.07 Allocation Questionaire

07.07 28 days up for above

NATIONWIDE SETTLED IN FULL 18.07.06

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