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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.

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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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    • 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.

Eratu13 v First trust claim filed

eratu13

By eratu13
in Other Institutions

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eratu13

eratu13

Posted
  • Author
Posted

letter just says that the application has been adjourned because of a direction by a judge.

 

I intend to challenge it as I could die of old age before the oft makes a ruling but cant really do anything until I get more information and on what basis the case has been adjourned.

 

eratu13

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

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davydee

davydee

Posted
Posted

Very interesting reading. I am about to send my first letter to First Trust on Monday morning so I will open a new thread. Dont know a lot about what Im doing so am just searching for First Trust threads for more info. After a bad breakup, I got into financial difficulty and estimate fee's to be in the region of £1500-£2000 over the past year/year and a half.

MY CLAIM STATUS

FIRST TRUST BANK - Small Claims Court Case Filed

ALLIANCE & LEICESTER BANK - Preliminary Letter Sent

CO-OPERATIVE CREDIT CARD - S.A.R - (Subject Access Request) Letter Sent

MINT CREDIT CARD - SAR Letter Sent

CITI CREDIT CARD - SAR Letter Sent

CAPITALONE CREDIT CARD - SAR Letter Sent

VIRGIN CREDIT CARD - SAR Letter Sent

GE MONEY STORE CARD - SAR Letter Sent

 

No more Mr Nice Guy!!! :D

 

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eratu13

eratu13

Posted
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hi spoke to the clerk today and he advised me all cases have been adjourned awaiting a report from the OFT in march. I was not aware of anything from the OFT due so soon anyone heard anything about this?

 

eratu13

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

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  • 4 weeks later...
eratu13

eratu13

Posted
  • Author
Posted

Thanks for the kind words.

 

Expect a long battle with the First Trust who have adopted the ostrich defence which involves burying their heads in the sand getting their legal team to draw things out as long as they can by abusing the court system and hoping you go away.

 

Other people have been paid put but First trust always drag it out as long as possible.Stick to your timetable don't adopt their's.

 

good luck

 

eratu13

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

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eratu13

eratu13

Posted
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Posted

Merchantile Court hearing tomorrow in england for 40 or so test cases if and when its wins , it will be interesting tosee the banks reaction over here.

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

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  • 1 month later...
onetwothreejump

onetwothreejump

Posted
Posted

hello, this probably isn't the right place to post, but i am not great at navigating round the site yet...

is anything happening with any of you and first trust?? in particular, does anybody know whether flojo1985 managed to reclaim (or whether it's ok to try) the quarterly charges FT apply for using a pre-arranged o/d? this would up my claim quite a bit if it were possible.

pls redirect me if i'm in the wrong place! (embarrassed smilie)

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  • 3 weeks later...
flopper

flopper

Posted
Posted

Any update with the case?

Current Progress

 

Halifax current account - On Hold

Halifax visa - Won, settled in full 6/08

Capital One - Won settled nearly in full 5/08

HFC (Beneficial Finance) - DCA letter recieved 3/4/09 after 17 months of silence and being told account was paidoff Dec 07!!!. 1 phonecall and i recieved and offer of double what my claim was, waiting for cheque as of 16-4-09

Woolwich - Settled in full 17-5-07

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eratu13

eratu13

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I have written to the court asking for my case to be heard it had been delayed by the judge awaiting the OFT report due at the end of march.The OFT has fudged it and the report is not due until the end of the year. There is no way I am prepared to wait that long. The case was delayed 2 days before it was due to be heard in January.

 

I have contacted the court office and they have advised me that they will put the letter before the judge and I should hear something in the next 2 weeks.

 

Eratu13

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

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  • 2 weeks later...
eratu13

eratu13

Posted
  • Author
Posted

No reply from the court yet am going to give them to friday and get back in touch with the clerk there to see what is happening.

 

eratu13

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

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noomill060

noomill060

Posted
Posted

It is quite outragaous that NI judges adjourn these cases until after the OFT report when judges in England, Wales and Scotland are happy to give judgments.

 

The OFT cannot change the Law on which you based your claim and the judges know that.

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  • 1 month later...
eratu13

eratu13

Posted
  • Author
Posted

Have a new date in the next month or so

Will let you know if the First Trust remember i am alive and actually do something

 

Eratu13

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

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bally35

bally35

Posted
Posted

Go For it Eratu, Good luck. As you know I have 5 cases with Ombudsman at moment

1. Bank Charges

2. Missold PPi

3.Their Errors on account that they will not refund

4. The "portable " mortgage apparently only had a rate that was portable

OH and I also have a case against Ulster Bank who changed the date of standing order to end of month instead of 31st monthly without my knowledge/consent.

Its is time that the abnks in Northern Ireland started to recognise that customers will not take "their full and final response" as gospel and that they will have to comply at the very least with FSA rules on "treating customers fairlY"

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