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    • Dont expect instant resolution of 14 years of poopulist party, personal and vipal excess .. but I do believe that starmer will quickly start significant delivery of change - and deliver in the long run   They need to deliver to prevent a massive rebound away from them.   Lets remember - it took the torys a couple of years to trash the country and its reputation although they worked hard on it from day one. I expect no less in timescales, and a lot more in effort and application in Starmers resolution to the tory poop abuses.
    • True, but all the threads we have for Wise concern hospital car park parking (except one) so it would suggest a hospital car park.
    • Don't worry, a week and a half is fine, especially as you've already drafted a WS. However, we need to see everything as dx says in the post above.
    • This preliminary hearing has been allocated 20 minutes so it should be fairly simple. However, judges are always on the look-out to get cases settled and sometimes these things can mushroom unexpectedly, so I would take along all the paperwork in order and prepare too much rather than too little. For example, we have a recent case where someone went to a preliminary hearing but the judge was appalled by the parking company's case and put huge pressure on their solicitor to discontinue - which he did. I have personal experience of trotting along to a preliminary hearing, only for the judge to go ballistic at the other side's solicitor who promptly dropped the whole case against me. I suggest your Mum takes these notes along and refers to them when necessary.   1.  I sent Parking Eye a Subject Access Request on 03/07/2023.  After one calendar month they had not replied. 2.  Their failure caused me a great deal of distress.  I was desperately trying to prepare for a court case and I felt they were hiding information from me. 3.  However, I did not rush to court, I sent a Letter of Claim on 03/08/2023 giving them an extension.  Again they did not reply.  So I started this court case. 4.  Parking Eye insist I have proof of postage for everything I sent - and I do.  5.  Parking Eye eventually satisfied my Subject Access request at the end of August 2023.  I believe they put a false date on their letter to pretend to have satisfied the one-calendar month deadline.  I believe they will have no proof of postage. 6.  In April Parking Eye sent me a letter to try to settle the matter, which offered me nothing.  7.  Later I sent them a letter offering to settle and asking them to offer a serious amount, not nothing, but they did not reply. 8.  I would be willing to settle out of court, but not on the basis that they offer me nothing.  
    • That was the date the email was received from them
  • Our picks

    • 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
      • 162 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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paulmc60 Vs First Direct


paulmc60
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  • 2 weeks later...

Phoned First Direct today to check they have received my DPA letter sent on 17 March, only to be told "it must have been lost in the post".

 

About to send a further request - this time by recorded delivery. Am I right in thinking that the £10 DPA charge only applies to the request and that I can ask for details of charges applied to my other First Direct account in the same request without paying another £10?

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I would have thought so - you are one person - thus one DPA request for all your information from the one data controller.

 

I'm not sure - but that's how I would imagine the law sees it.

 

I doubt that FD will though.

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Phoned FD and they confirmed DPA letter received today! I will receive a letter setting out timescales. Other threads suggest FD are quite quick in responding to DPA requests. Fingers crossed.

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Received a reply on 30 March to my DPA letter - signed in person by Linda Young. She returned my cheque and said I would receive the information requested "shortly" and free of charge!

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All my statements and notes arrived on Friday. I've been through them all and found FD have taken over £2,200 in the last 6 years. Unbelievable and a bit scary!

 

I'm ready to send my preliminary letter now. Does this look ok?:

 

+++++++++++++++++++++++++++++++++++++++++++++

 

Mr Rob Kernaghan

First Direct

40 Wakefield Road

Leeds

LS98 1FD

 

11 April 2006

 

REQUEST FOR REPAYMENT OF CHARGES

 

Dear Mr Kernaghan,

 

ACCOUNT NUMBER: XXXXXXXX

 

I am writing to ask you to refund to me the charges which you have levied from my account over the last six years.

 

I now understand that the regime of fees which you have been applying to my account in relation to exceeding overdraft limits are unlawful in 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 £xxxx as detailed in the enclosed schedule, which itemises each charge applied since April 2000 as well as those charges which you have already refunded.

 

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

 

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

Wish me luck!

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not read it all word for word, i've just had a quick scan because I'm knackered as is evident from my typing.

 

it looks ok to me. if you've used the std letter and just changed the amounts etc then it'll be fine.

 

good luck

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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  • 2 weeks later...

Sent my preliminary letter on 12 April. Yesterday I received the standard response from someone called Steve Smithard, referring me to T&Cs. Waiting until the 14 days is up before sending the LBA.

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yes, make sure you wait until after the 14 days like you said.

 

I sent my LBA yesterday.

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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  • 3 weeks later...

WHOOHOOO!

 

mONEY WILL BE WITH YOU SOON THEN! YAY!

 

bugger, my capslock was on. oopsie

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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  • 12 years later...

This topic was closed on 03/06/19.

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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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