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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.

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

      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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Nationwide **WON POST-OFT v BANKS**


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Hi

 

Thanks for your comments - I think I am letting the court bundle make me nervous about it all. I know there is the basic court bundle - but is there a spreadsheet anywhere that shows the amounts that Nationwide have refunded - which I could use as part of the court bundle!

 

My friend got a refund through Natwest and they paid her twice, 2 months on the overpayment is still in her bank account!

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Hi Guys

 

Well Nationwide had today to acknowledge and have not heard anything. Shall I ring the court? If they haven't do I still wait a further 14 days for the defence. Have read the instruction guide but I am not too clear on this matter.

 

Also Nationwide are totally loosing it - got a letter today recorded delivery and it is a copy of the summary of the statement they sent me on the 16 MAy!!!!!!!!

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Hi i have sucessfully claimed off the Halifax and have started a claim with the nationwide for around £800.00 i have sent LBA letter and they have responded with usual fob off letter saying that i cant have charges back, they have until 25th july to reply, if you need any help just give me a shout x

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Thank you - I will certainly bear it in mind. Just hope they pay up this week - the normal Nationwide way seems to be at the last minute to submit their defence and it is they have paid - so fingers crossed could be a long week lol:wink:

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Hi, Can anyone answer these questions,

I have succesfully reclaimed charges from Shabbey, but as they dragged their heels so much and were dificult from the start, and now that i have read so articles regaurding charging the banks for the time spent pursuing our claims i wondered how to go about it? also have another claim in place at the mo, i have issued that court form N1, now the bank has bounced yet another DD, how can i go about adding this charge to the claim or will it have to go onto a second subsquent claim?

 

Thanks all.

 

Bizzer

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Hi Guys

 

Well Nationwide have until saturday to submit their defence so going to ring the court and email eversheds today to see if there is anything to tell.

 

I know previously at this stage for nationwide the defence is they have already paid - but through some threads on here - it seems to be chnaging and that is going to the further stage of submitting court bundles - does anyone agree?

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Well Nationwide had until saturday to submit a defence - and got a letter today going on about the OFT court case but also said the following:-

 

You should be aware it is our intention to apply to the court for an order to stay your action until resolution of the bank's proceedings with the OFT. As a result your case is likely to be put on hold until the outcome of these proceeding is known.

 

Looks like I am at the judge's mercy

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Given the opportunity, I would make sure the judge saw the letter. It is evidence of blatant disregard for the court system and bullying the claimant.

Surely they could have submitted that as the defence rather than wasting the courts time? Then again, nothing surprises me when it comes to Nationwide buying more time.

 

Chin up, you'll get your money....eventually. :roll:

 

I'd start prepping a court bundle, just in case.

 

Good luck,

 

Kelly :)

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

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I am not going to back down don't worry but with the Natwest case being thrown out also yesterday - makes me think most judges will think the same - but may be wrong!

 

Am I right re the court bundle that it is the basic court bundle, schedule of refunds already taken place and my correspondence.....

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Now I am confused had this email from eversheds:-

 

We have filed in a defence stating that our clients have denied your claim.

However, please be advised that you have been refunded the following on 25 July 2007:

Bank Charges £2,845.00;

Interests £1,241.47;

Court Fees £ 120.00;

Total £4,206.47.

In that manner, you have been fully refunded in regards to your claim.

However no money in the bank and a letter of Nationwide that they are asking the court to wait for OFT resolved!!!!!!

What should I do?????

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Well I rung Nationwide and they said cos they have changed their policy - it won't be paid. Surely I can provide this to the court - as I have it in writing I was refunded and I have not. How cruel receiving that email and not receiving a single thing!!!!!!!!!!!!

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Hi Daniel, you could try ringing this number at natiowide if you havent already tried it and tell them you have had a refund notice, its for member services and worked for me yesterday, they put money straight in within a matter of hours. tel no is 01793 712410. Good Luck hun.

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I did and got fobbed off saying Eversheds should not of said that as their policy had changed on that date - can you imagine how frustrated I feel...knowing that I would have had the money if if wasn't for the court case. In addition, the guy at NAtiownide said the case could take up to 2 years....2 years!!!!!

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I Cannot believe it - Nationwide said they were not paying and would be asking Judge to stay the case - well got a letter today and they are paying the lot!!!!!

 

Interest and court costs gone in and charges to go in later today - I cannot understand it - does this mean they paying out on all court cases!!!!!!!!!!!!!!

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OMG - Nationwide said they would not pay my charges as they were requesting for the judge to stay the case until OFT case was resolved - got a letter today and they have said they refunding everything. Looked online and interest and court costs paid - so rung them and in error did not refund the bank charges so they are putting that in today! So very very shocked and going on holiday tomorrow so the refund has come at the ideal time.

 

I really had thought to myself I would have to wait for the outcome of the OFT case - anyone else had a refund!

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CONGRATULATIONS. Surprise results are always welcome well done.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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