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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.
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      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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chriszammett Vs First Direct | SETTLED


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I will!

 

I was quite surprised how much I accrued. I'm now chuffed I kept all my bank statements back to 2000. I've missed the boat with one charge (early March) but the rest are valid as they fall within in 6 years.

 

Should I list them in my letter?

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Put the claim in even for the out of time one.

let them deal with that if they want.

Even include it in the court claim.

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Letter OK?

 

Address

 

Customer Relations Manager

FIRST DIRECT

40 Wakefield Road

Leeds

LS98 1FD

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXXXXXXX

 

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years. I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken over a period of 6 years £1354.50, details of which can be found attached.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully,

 

 

 

 

 

Chris Zammett

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If that is the template letter from the library then I am sure it is fine..many people have used it successfully...

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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I got another standard-ish reply again today, saying they will not refund the charges. This is before my initial 14 day deadline.

 

Within the letter is also a statement about escalating my concerns and it gives another contact.

 

Couple of questions, (a) shall I send my notice before action letter tomorrow, or wait until the end of the initial 14 day period I set them and (b) shall I send it to the new contactt (Customer Relations Manager) or the same person that sent me the letter, or both.

 

It also states that issues that cannot be resolved go to the financial ombudsman - oh no they don't, they go to court!

 

cheers

chris

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1. They still have time to respond positively, wait untily our deadline has passed. You want to prove to the judge that you have been more than reasonable in your efforts to resolve the matter without court action.

 

2. Send it to both, why not?! :)

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Letter before action - ok do you think?

 

Mr C Zammett

XXXXXXXX

 

Deborah Malins

Customer Relations

FIRST DIRECT

40 Wakefield Road

Leeds

LS98 1FD

 

31/03/06

 

Letter before action

 

Dear Ms Malins,

 

ACCOUNT NUMBER: XXXXXXXX

 

Thank you for you letter dated 27/03/06. I appreciate your response to my letter, however I still feel that First Direct have acted unlawfully in respect of the charges to my account.

 

Therefore I am writing to you again to ask you to refund to me the charges which you have levied from my account over the last 6 years. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken over a period of 6 years £1354.50, details of which can once again be found attached.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

I have also sent this letter to Rober Kernaghan.

 

Yours sincerely,

 

 

 

 

 

Chris Zammett

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and the letter before action to Robert Kernaghan:

 

Mr C Zammett

XXXXXXX

 

Robert Kernaghan

Customer Relations Manager

FIRST DIRECT

40 Wakefield Road

Leeds

LS98 1FD

 

31/03/06

 

Letter before action

 

Dear Mr Kernaghan,

 

ACCOUNT NUMBER: XXXXXXXX

 

I am writing to you in response to a letter from Deborah Malins dated 27/03/06.

 

I understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer

regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken over a period of 6 years £1354.50, details of which can once again be found attached.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

I have also reponded to Ms Malins separately.

 

Yours sincerely,

 

 

 

 

 

Chris Zammett

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Sorry Chris, not sure how I missed your thread!

 

The letters look fine to me.

 

Good luck, be sure to keep us posted as I'm in the earlier stages of a claim with FD (just had a reply to my prelim letter, see my own thread).

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Got the standard reply at the weekend from Robert Kernaghan. Will file claim with money claim next Monday (as per schedule).

 

Seems as though First Direct are going to go all the way in most cases now. Don't really want to end up in court, but if that's what it takes, so be it!

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Don't file the claim until the deadline that you set them has passed.

 

Its up to you whether you tell them or not, I would say don't, as you said in the letter that you would initiate court action without further notice.

 

There's nothing to gain by telling them what you're doing. You've given them chance to settle and they haven't taken it so far.

 

File the claim when it is time.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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I'm not actually finding the money claim that easy

 

first question, under the defendant details, shall I just put First Direct, and First Direct for the address, or shall I address it to Robert Kernaghan?

 

On the notes in the library, is mentions a contract date - I have no idea when that was- how can I find that out?

 

CHeers

Chris

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you're suing FD, not Robert!

 

Are FD a PLC? If so you need to put "First Direct PLC" and then their registered address, which is probably the 40 wakey-field rd address, but do check this before you go ahead.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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not 100% sure, but I would say so, yes.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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