Jump to content


  • Tweets

  • Posts

    • I thinks its more WT... is he doing going to (allegedly) wild parties abroad while there's a crisis .. undoubtedly more than 6 people, no social distancing, no masks  ...   Don't tell me, the UK's social distancing requirements dont apply there and any there don't apply as he has diplomatic immunity ... or some such excuse
    • The CMA has today published further detail on its views on the law in relation to cancellations and refunds during the pandemic. View the full article
    • One thing you should probably realise is that this finance company is properly got a fairly long term business relationship with the dealership. To a certain extent they depend on each other so don't imagine that the finance company is going to be impartial.
    • My view is that you made a contract for an item which was not of satisfactory quality and it is clear from the evidence even of the finance company's own inspector that it was not of satisfactory quality when you bought it. In contract law, if an item is so unsatisfactory that you are effectively deprived of the entire benefit of the contract then the contract should be treated as void and you should recover all of your money and any ancillary expenses. It seems to me that you had no enjoyment at all from this caravan during your period of ownership. I think it's outrageous that the finance company are apparently say that because you've had it for a year before they eventually – and grudgingly – agreed that it should be returned, that you should effectively pay for a years usage. At the very worst, it should be said that you only had usage of it from the moment you took delivery to the date of your first complaint to the finance company. How long was that? However, on the basis that you had no benefit from the contract whatsoever, it seems to me that you should recover all of your money. Let me warn you that the FOS is unlikely to recommend this. However they are likely to recommend that you receive a portion of your money – and maybe it will be sufficient to satisfy you and you won't feel as if you want to try and get the rest. In the event that the FOS considers that you are not entitled to any further payment at all, then frankly I would recommend that you go to County Court and sue both the dealer and the finance company together to recover all of your money on the basis that I have described above – and I would say that your chances of success are much better than 85%. The action would be on the small claims track and that would mean that in the highly likely event that you won the case, you would recover all of your costs plus your money +8%. In the highly unlikely event that you lost the case then your losses will be limited simply to the claim fee and the allocation fee – which would probably be in the region of about £300. We would help you all the way. We would help you draft the documents and advise you step-by-step – although you would have to conduct the case yourself and it would probably be done by way of a telephone hearing. My personal view is that it wouldn't go as far as a hearing and that they would back down and pay you out. Personally I think it's a try on and they're taking advantage of the fact that they think that you don't know your way around and that you lack confidence
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 4 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

bambina vs Nationwide....advice please


Please note that this topic has not had any new posts for the last 4811 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all

 

After waiting just 38 days for my statements to come through from Nationwide I received them yesterday. I've worked out that the total in bank charges alone comes to £4950. My question is should I be asking for interest as well, as I know the maximum amount to claim in the small claims court is £5,000.

 

Also can anyone tell me if they have gone down the financial ombudsman route or is it better to do the tried and tested MCOL route?

 

Thanks for your help.....

Link to post
Share on other sites

The small claims limit is for charges only, interest is not taken into account. But it is for assessing court fees. So your claim would still be small claims but the fee would be £250

 

If you go via the FO you will only get your charges not any interest.

Link to post
Share on other sites

Hiya,

 

Your next step should be to send your request for your charges back which you give them 14 days to reply, you dont add interest on until you actually fill in your court claim. The nationwide usually send you a standard letter saying no sorry you cant have your charges back. You then send them a Letter Before Action again requesting you charges back if after this letter you still do not get anywhere (which you dont) you then file with court after the 14 days are up, then you add on your interest and court costs.

 

You should read the FAQ's on here it explains every step.

Link to post
Share on other sites

hi guys thanks for the advice. I'm going to send off my letter on Monday after working out the charges. I'm looking forward to getting my first refusal letter :)

Link to post
Share on other sites

Hello bambina13!

The following link may be of some help to U?!...

http://www.consumeractiongroup.co.uk/forum/show-post/post-608020.html

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

Link to post
Share on other sites
  • 4 weeks later...

I've recieved my first - go away letter from Nationwide. I know my next letter is a Letter before action but the only one I can find refers to not having received a response. Can you direct me to the template, and do I have to send a schedule of charges in with the letter as well.

 

Thanks :)

Link to post
Share on other sites

Thanks Pink Princess - will do. Do I send in the scehdule of charges with interest added as well or do I wait to add the interest when I file the court claim?

Link to post
Share on other sites

Send them a copy of your schedule but dont include the interest just yet - there is a paragraph in the LBA telling them should they not pay up then you will procede with court action and they will have to pay the interest and court costs. ( they didnt even bother replying to my LBA and my date is fast approaching for them to enter a defense - monday to be precise lol:p)

Link to post
Share on other sites

Well good luck Pink P - hope you get your money soon. So I've sent mine registered today - do I count 14 working days or 14 normal days, that takes me to the 1st or 2nd of August! And then hopefully I'll be able to file my MCOL...:???:

Link to post
Share on other sites

hi

 

please read my thread on this under heading ej3166 vs nationwide this will give you a rough timeline of what to expect against nationwide,any help needed contact me

ej3166

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...