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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

More trouble for Nationwide!! - **WON**

Bovvered

By Bovvered
in Nationwide Successes

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Bovvered

Bovvered

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LBA sent today - DD 14 days and counting (backwards that is!!)

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Robertxc

Robertxc

Posted
Posted

Good for you. You did remember to add the interest, didn't you? Take heart, you'll get your dosh back.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Bovvered

Bovvered

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Well I will if I have to file with moneyclaim...we'll see, maybe they'll settle before that - it has been known!

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Bovvered

Bovvered

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Having sent my LBA yesterday, I received the standard 'get lost' letter from NW - they obviously crossed in the post. There is a phone number on it and she says go ahead and call if you want to discuss.

 

Now it's interesting because I have changed to my maiden name and all correspondance so far has been sent to my current name. However, this letter I got today, is in my old name. So I thought ok I'll ring and point that out. So I ring, - engaged. Try again, rings, answers and it's like they cut me off straight away. So I try again, and now it doesn't even ring it's the no such number tone - maybe they've banned calls from my number lol!!

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Robertxc

Robertxc

Posted
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Just a suggestion, but it's never really a good idea to do things on the phone. Anyone you are ever likely to get on the phone will certainly not have the authority to refund your cash, so what's the point? Best to keep things in writing, and as minimal as you can, thereby reducing the opportunity for debate.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Bovvered

Bovvered

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No I wasn't phoning about the refund, but about that they used the wrong name...

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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  • 2 weeks later...
Bovvered

Bovvered

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What's the deal with this anyone? I got this reply to my LBA, and I'm due to start my claim on moneyclaim tomorrow:

 

15 May 2006

MSD/Z57855

 

Dear xxxx

Your complaint has been sent to me by Tina Hiscocks, Team Manager, Member Account Servicing. I've only just received the papers and will be reviewing them as soon as possible. Once I've finished, I'll write to you with my findings.

The Financial Services Authority (FSA) allows us 8 weeks to investigate before you have the right to ask the Financial Ombudsman to review your case. This ends on 14 June 2006. If for any reason we can't send a full response by then, we'll write and explain why.

Yours sincerely

 

 

 

 

 

 

Sue Haggett

Member Relations Manager

 

 

Particulary this bit: The Financial Services Authority (FSA) allows us 8 weeks to investigate before you have the right to ask the Financial Ombudsman to review your case.

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Bovvered

Bovvered

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Yeah that's what I thought but just wanted to make sure there wasn't some new thing come up with this FSA thing.....ta!!:D

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Robertxc

Robertxc

Posted
Posted

Yes, ignore it. They're trying to get you to go down the path of a complaint to the FOS (A pretty hopeless bunch). An interesting comment about the FSA. They are correct that the FSA state that complaints should be responded to within 8 weeks, but the FOS only needs a 'final response' before they will get involved. In any case, you're free to go to court at any time.

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Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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dave

dave

Posted
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The FSA says that they have 8 weeks to respond to complaints.

 

Yours isn't a complaint - it's a request for them to give your money back - stick to your timetable - you told them in no uncertain terms what was going to happen, and they know it.

 

If they don't know it - then that is no concern of yours. If the shoe was on the other foot and they gave you 14 days to pay up, do you think they would listen to excuses like "I've only just looked at your letter, can I have another few weeks to think about it?"

 

No, neither do I!

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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Bovvered

Bovvered

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Yes, of course you're right - I never complained - so it's moneyclaim tomorrow as planned...

 

Thanx

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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CLEOPATRA

CLEOPATRA

Posted
Posted

Good for you, show them you mean business. They try to make us conform to thier timetables, and give no notice to what we have written to them.I wish you the best of luck.Keeping my fingers crossed for you.

Cleopatra

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joneshousehold

joneshousehold

Posted
Posted

Good luck with your claim. It is daunting I know (we are there too) but it seems to be worth it looking at many of the other posts.

 

Just going back to your earlier posts. The reason for the 8 weeks is that in the event of a complaint the FOS will not intervene unless at least 8 weeks has elapsed since any complaint is made. After that date they can intervene if the complainant asks them to whether a final resolution letter has been issued or not.

 

We have taken a two pronged approach. Firstly the claim, which as Dave says is not a complaint. Secondly we have complained about delays, rude callers (and my word was that young man very rude), lost letters including registered delivery ones, the list is endless.

 

This allows us to cause maximum impact. We have also not had a reply to our DPA request so it's now another line of attack.

 

How you proceed is up to you but as you can see the opportunities to make em 'ave it are many. If you can make the most of them all then it's possible to build up the pressure on the bank and may give extra ammunition at the negotiation stage. I say may reservedly however as we are not quite there yet.

 

We are all with you on this. Jut imagine having a huge (20,000+ it now seems) crowd behind you. How reassuring is that!

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Bovvered

Bovvered

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Thanks for all your advice Jonesy...in fact what I did was ignore that letter (as it arrived the last day of the deadline I gave them, and I wasn't prepared to delay my timetable over their error of thinking that asking for my money back was a complaint)...so I filed at moneyclaim as planned :)

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Bovvered

Bovvered

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They acknowledged the claim on 22 May and intend to defend - they have another 28 days then

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Robertxc

Robertxc

Posted
Posted

All going according to plan then. Steady as she goes...

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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  • 4 weeks later...
Bovvered

Bovvered

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Ok tomorrow is day 28, the last day they have to enter a defence I understand. So I guess Tuesday I shall know more. I expect I'll be sent the allocation questionaire thingy....

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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stuff the banks

stuff the banks

Posted
Posted

Well done for finding the courage to take the banks on.

 

I have read about your situation and it seems that the majority of us on here all have one thing in common, low income families.

 

It makes me really angry to read about your situation and others who have had to cope with the stress (i know what i feels like) when you describe sick to the stomach.

 

But again well done, keep strong we are all here to support you

 

Regards

 

David

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moxie

moxie

Posted
Posted

Good luck! I'm surprised you haven't had your charges back yet, mine were refunded very quickly after they received the court claim. Maybe they're just too busy with all the other people claiming! I'm a single parent too, which is how I got into this mess in the first place. Keep us posted.

£949.54 reclaimed from Nationwide June 06

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Bovvered

Bovvered

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Well, they have entered a defence so I guess I will hear from the court soon

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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BankFodder

BankFodder

Posted
Posted

Nationwide have cut their credit card penalties to £12.

 

http://www.which.co.uk/news/money/06/jun/nationwide-credit-06060601.html

 

Clear evidence that they realise that their whole regime is unfair.

 

Even the £12 is merely the OFT#s maximum tolerable limit before which they will interfere.

 

It will be great bringing this all to court.

 

I'm sure that the Nationwide will be looking forward to it too.

 

Why don't we have a reception committee.

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