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    • 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
      • 161 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
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covers22 v Nationwide - SETTLED IN FULL


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I have been told I have to go into the branch where they will give me the cash and close the account. Could you not do that?

 

If the payment is conditional on their closing the account, then they are acting unfairly and unreasonably - you MUST fight the closure... even if you wish to close afterwards on your own terms.

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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Hi All

 

I have just received a phone call from the Mr Charles Bacon, and I must say he is a very nice chap.

 

Nationwide have not closed my account (he said the account must have been inhibited as i was overdrawn whilst awaiting my refund and he will make sure access is reinstated).

 

he also said that the reason I received a notice from the court with their intent to defend the whole amount is because sometimes they need a little extra time to process the refund.

 

As soon as i have the money in a place where i can get to it i Shall indeed be making my donation to this wonderful site!!!!!

 

Good luck all, time to push on with the next one!!!!!!

 

regards

 

c22

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Hi All

 

I have just received a phone call from the Mr Charles Bacon, and I must say he is a very nice chap.

 

It's a pity he can't be bothered to acknowledge letters and emails sent to him, and hasn't settled my account and provided an undertaking he won't close my accounts.

 

If he called me on my mobile (which he could get if he emailed me) then I'd be happy to negotiate an agreed, private settlement which would not exceed the Court claim...

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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Hi,

 

received a letter today Noel Healy (senior Operations Manager) giving me 30 days notice of account closure. (as I'm apparently unwilling to conduct my account in accordance with the Flex Account terms & conditions)

 

I'm not too bothered about the account as i havent used it for a while but it's the priciple.

 

If anyone has any legal quotes i could use in my reply i'd be grateful.

 

I'll post my reply here before i send it in case anyone else would like to use it.

 

Regards

 

C22

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Got mine today too, just days after receiving a new cheque book and card...what's all that about then :|:confused::lol:

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Nationwide obviously have conflicting ideas about what their policies should be.

:| worried and stressed:|

Nationwide! Here i come, could be alot of money they might have to pay me back:eek:

 

Data request letter sent 04/06/06 via Hull Branch Nationwide.

Hull financial consultant called ME to help 04/06/06

:smile:Refunded £1200, 19/07/06, still going for the rest of it though!

LBA posted 22/09/06 claiming £2720!

D`oh! - put wrong amount in LBA - short by £1000!

Finally got the money to go to court 09/03/07

Acknowledged 13/03/07

No reply, so judgement issued 29 days after acknowledgment 14/04/07

DEFENCE FILED ??!! 09/03/07

FULLY PAID UP 17/04/07

Second Prelim sent 20/04/07

Second LBA sent 01/05/07

MCOL acknowledged

County court letter saying PAID UP 20/06/07 - although this wasnt the claimed amount, so i disputed it.

Still awaiting court date/decision due to OFT case.

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Well congratulations, for a claim well done!!!!!!

It's all the winners that make us all feel there is a light at the end of tunnel and only by doing something can we ever expect to see it.

Fantastic result i'm well chuffed for you in a big way.

 

Congratulations again.

Sandwichman

 

(Aka Jason)

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just to recap i have received a letter giving me 30 days notice that my account will be closed following the sucessful recovery of bank charges. the reson given was ..... ' it is now clear that you are unwilling to conduct your account in accordance with our Flex Account terms and conditions...'

 

I'll be sending this letter tomorrow...

 

Noel Healy

Senior Operations Manager

Member Account Servicing

Nationwide Building Society

1st Floor Electra House

Farnsby Street

Swindon

SN2 1SR

 

Date: 6th July 2006

 

Dear Mr Healy,

 

ACCOUNT NUMBER:
nnnnnnnnnnn

 

Further to your letter dated 29th June 2006.

I am willing to conduct my account according to your Flex Account terms and conditions; however I am unwilling to incur unlawful fees should I happen to breach those terms and conditions.
If you say that your fees are lawful, then will you please demonstrate this by letting me have a full breakdown of the costs in order to reassure me that your penalties really do reflect your true costs? Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

In view of the above, should you wish to continue with your action to close my account on 31st July, I would seriously consider applying to the courts for an injunction preventing you from taking such action until the case has been heard.

 

Yours faithfully, .....

Any advice on the wording (or rewording) would be appricated.

 

C22

 

 

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well done you!

 

i'm sure that i'll be writing a similar letter very soon, its just that all the charges make it very difficult to maintain payments sometimes. they really have no idea what they do to people sometimes.

 

:)

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Oh Poo just starting with claim from Nationwide which I estimate to be over 3k for last 6 years they have to supply statements by 8th August to be within 40 days looks like I might have a long battle on my hands then?

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  • 9 months later...

Hi Stormyweather here just starting out with a claim against Nationwide and looking forward to learning from you all.. I am going to make a claim on an account that has been closed for a while so need to request back copies of statements etc in order to work out what amount I can claim. Any advice would be much welcomed.I understand that I need to us an SAR but questions like Is there a standard letter? and where best to send it come to mind.

Best Wishes Stormyweather

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I've looked through other's posts and cant find a definate answer to this question.

 

as you can see from the above i have filed a moneyclaim against nationwide which i have paid £120 for. Am i right in thinking that if they settle before their deadline (is this 28 days from when they sent in the acknowledment of service intending to defend?) i will not receive the court costs & interest, or does the fact that i have now filed the moneyclaim entitle me to the court costs & interest, or am i not entitled to recover the court costs at all??

 

hope that makes sense!

 

c22

I won one case last week, and am in the process of the 2nd one. They paid out on the day before the 28 days were up and did not offer a defense. They put random amounts into your account and paid up for total costs plus court fee and 8% interest for my sons claim, Im waiting to see what happens with mine as they paid around half using the same formulae and should pay the rest, iv written to them and e mailed Mr Bacon tonight saying they must have had an oversight and if I dont get the rest in the next 7 days I will enter judgement by default. I also intend to have a go at the wasted time claim that Bank Fodder has put a new template up about, I would also like to claim back all the letters and time I have spent but not sure how to go about that yet. They will pay up but send conflicting messages I even got a letter saying they wernt going to pay up and one saying that they had on the same day!

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Hi Stormyweather here just starting out with a claim against Nationwide and looking forward to learning from you all.. I am going to make a claim on an account that has been closed for a while so need to request back copies of statements etc in order to work out what amount I can claim. Any advice would be much welcomed.I understand that I need to us an S.A.R - (Subject Access Request) but questions like Is there a standard letter? and where best to send it come to mind.

Best Wishes Stormyweather

they are all on the templates section. and send it to ho

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Something wiered is going on with Nationwide, Iv had my 2nd claim coming back in dribs and drabs but not total amount since Friday, now they are refunding charges (small amounts) into my other Nationwide accounts WITHOUT ME EVEN ASKING! Hadnt got my statements through to do those ones yet, anyone know whats going down

  • Haha 1

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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No problem but I am not even a little bit of an expert.I have e mailed Mr Bacon today and told him to naff off and that they havent filed a defence and have paid some of the money back so they have 7 days to cough up the rest of i will enter judement by default, was hoping this wouldnt happen as last time they just paid the lot, I will get onto the amount of time they have wasted of mine and the courts as well just have to decide how much i will charge per letter per hour.fingers crossed

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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No worries If I can give something back then I will.skeggsy

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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By the way just taken advice from Lori (absolutely fab girl) going to ring the Bacon man tomorow as hes at day 29 and see if that shifts the remaining load! to avoid the judgement thingy which doesnt seem as clear cut as I first thought when I started out.Not something to rush into by all accounts.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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  • 11 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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