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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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      • 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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Successful Claims


blueskies
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If you have been successful in your claim with First Direct but the thread title doesn't show **WON** or **SETTLED** can you please send a private message to one of the mods to change the title and put it in the successes sub-forum.

 

This will give other users an at-a-glance guide to other cases that have been won and may just give them that extra little bit of confidence needed to pursue First Direct themselves.

 

If you can't PM a mod for whatever reason then just reply to this thread.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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  • 2 months later...

HI I have successfully claimed against FD, recieved a cheque for £3,249.71, back in Oct, now helping my brother do his claims!! Thank you to everyone for all their help

Egg - WAR!

Natwest - WAR!

First Direct - Got my money back - £ 3249.71

:o

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  • 2 weeks later...

I went through put my claim through the small claims court, on which they acknowledged and offered me half the money. I wrote back to them and accpeted the half but made it clear that I would continue with court action for the full amount. They then offered me the full amount.

 

Stick with it and stick with the time scales too, they will pay up!

Egg - WAR!

Natwest - WAR!

First Direct - Got my money back - £ 3249.71

:o

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  • 2 weeks later...

hi we have sent the letter off claiming £2993 and we have had a letter back saying that we will hear within 10 days and a leaflet explaining how the bank deals with complaints. One thing that worries me is that if we get the money back will the bank get funny and withdraw our overdrafrt facility? Has anyone any experience of this?

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  • 5 weeks later...

hey,

I sent of my statements with the letter requesting my charges back, FD responded quite quickly and said they would be in contact in 10 working days. I heard nothing so i rung them and wrote a letter. i did receive a letter end of last week, stating they were inundated with claims and it would be another 10 working days. I know they are stalling, if they dont come back to me by the 2nd, what should I do...... start the court proceedings?

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It also might be useful if "success stories" include the type of interest they went for and if they got it. Its something I would like to know (so I can decide what to go for) so I presume it would be useful to others as well.

 

Cheers.

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  • 3 weeks later...

Hi, Just Wanted To Let People Know My Success With First Direct,

 

Back In Novenber Got My First Bank Charge Of £55, Things Are Pretty Tight So This Left Me Short And Got Into The Vicious Circle Of Bank Charges, Im In The Middle Of Fighting Bank Charges For My Son And Barclays So Did Not Really Want To Have Two Claims Going At The Same Time So I Gave First Direct A Ring Today At 12.00pm , Spoke To A Chap In The " Reclaim Bank Charge" Depatment, Said I Was Not Happy About The Charges,they Had Amounted To £320 Since November, He Tried To Say They Were Just Etc, So I Said I Know They Are Not And Was Hoping I Wouldnt Have To Go Down The Claim Route As Im In The Middle Of A Claim For My Son, He Agreed To Look Into My Complaint.

 

12.25 Pm Call From First Direct, They Looked Back At There Charges And Agreed That They Had Taken A Total Of £320, Did I Have A Figure I Was Hoping To Get Back, All Of Them I Said Because If I Claimed It Would Cost Them More In The Long Run With Interest Etc. He Said He Would Call Me Back.

 

12.35 Call From First Direct, Offered Full Amount, Credited To Account Straight Away.

 

Wowwwwwwww, Not Bad For A Couple Of Phone Calls.

 

Good Luck Everyone Else, Just Barclays For £1068 For My Son Now

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  • 4 weeks later...

Hello,

I'm on the verge of achieving some success with FD.

 

To cut a long story short, my partner and I have incurred heavy bank charges for years from FD. These charges, as you probably can guess, have been unfair, unsubstantiated and forced us into more debt.

 

We have been with FD for 5 years (4 years as main operational account) and with Nationwide for 1 year (now our main account). Over the five years, we incurred £1,400 of charges from First Direct (and that's without adding interest) so earlier this month I issued a letter to them requesting this back using the template from the BBC website.

 

This morning, I received a 'Without Prejudice' letter from First Direct offering a refund just shy of £1,000, £400 less than what we asked for and it included an additional £185 charges they've added this month. If we accept it, we must sign and send it back within 10 working days. The bank's defence of the charges was as follows:

 

'In circumstances where you have authorised a payment that would, if met by us, lead to your account going overdrawn or to exceed an agreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which are clearly set out in our published tariff. The circumstances in which the fee will apply are clearly set out in our Account Terms and Conditions, a copy of which was provided to you when you opened your account. We are confident to our position and believe that if your claim for a refund proceeded to Court, we would successfully resist any legal challenge in relation to these fees'

 

But I believe they're bluffing and would normally take up the challenge. However, I need to access that cash quickly before I start other action which may have them reclaim it.

 

After I've taken the cash, I'll target Nationwide as I'm sure I've funded bonuses for staff at my local branch already! :-) Just got to wait until my parachute account opens next week!

 

Anyway, thanks for listening!

 

Best

BB

user_online.gifreputation.gif vbrep_register("679413") report.gif progress.gif

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  • 2 weeks later...

Hi all,

 

I downloaded my statements, sent off my summary for £1260 and the covering letter and was offered £1170 within 14 days, which I accepted.

 

I claimed DD Recalls, Overdraft Fee's and Excess Overdraft Fee's

 

Good luck everyone!

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Hi, not sure if I'm putting this in the right place, but if not, hopefully someone will move it!

History of claim - had statements so straight to asking for refund

Letter 1 16/3/07 - claiming refund of £415 in charges from a closed account.

Reply from First Direct 23/3 offering £340 (knocked off two random charges)

Letter 2 - 24/3/07 - declined offer and asked for full amount and made this letter LBA

Today 13/4/07 - about to issue claim on MCOL, but rang first direct(08456 100 100) before issuing, at about 4.30 p.m. I was very polite, but explained that I was about to issue my online claim. They put me on hold for five minutes, whilst 'the relevant person in another department was reviewing my claim'. they came back and offered the full £415 of charges. I will have a letter in the post tonight.

 

I would have had a claim for £66.33 in interest had I gone to court, but this has saved me a lot of worry and heartache and as I have another 7 claims on the go, one off the list is useful.

 

I hope this scenario is useful to others, as a possible way forward and maybe it says something about First Direct's tactics at present and their lack of desire to go to Court.

 

I have today (17/4/07) received their offer in writing with the form to sign and return.

I am happy to sign the form as it is a closed account and does not bind me for the future conduct of this acount or charges. I just thought I would point out that it says in bold on this form - PLEASE RETURN THE ORIGINAL DECLARATION TO US. ANY AMENDMENTS WILL DECLARE IT NULL AND VOID.

I mention this as I know many people have been crossing through bits of acceptance forms they do not like and this seEms a tactic to prevent this. It does not affect me in this case.

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  • 3 weeks later...

Success...yey!!

 

I have received the full ammount I was claiming £5971.19.....not bad!! It took about 3 months all in all and got to the county court stage. They did make an offer of £1200 less but I stuck out for the full ammont and low and behold...they credited my account before the Court dedline!!

 

Anyone who is thinking about it, do it! All you have to do is send the letters at the correct times and have alot of patients!!!

 

Good luck...you won't need it though!

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Fantastic,

 

Fd have decided to pay up, started 15 Feb 07, followed all the time lines and advice from this site, had incredible advice and support, (if not i maybe would have stacked at the county court stage) had an offer today for the full amount plus court fees of £6,210.15. For anyone else out there, do not give up!! it may seem daunting at times, but if you continue with the advice and inspiration from this site , you will get your money back> Rgds

 

Zipster

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  • 2 weeks later...

OMG - To all of you out there that don't believe that this works read this!!!!

 

11 April 2007 - Sent Letter asking for statements - Letter back saying they'll send via DHL and returned £10 cheque

 

03 May 2007 - Statements received!!! - Letter 1 sent requesting £1842 worth of charges please £208.11 interest

 

09 May 2007 - Letter received from FD offering £1585

 

09 May 2007 - Sent letter to FD qequesting £1867 plus interest or going to court. (received £25 charge so added on)

 

16 May 2007 - Letter from FD offering £1867 - accepted they can keep the interest as it was my fault I went overdrawn.!!!!!!!!!!!!!!!!!!!!!11

 

 

So to all of you that think that this is a con you are very much mistaken I am now debt free and can sleep easy. Reclaim it it's your money!!!

 

Nat

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Jeez Natalieta well done, talk about timing!!!!!

[sIGPIC][/sIGPIC]

 

First Direct - S.A.R - (Subject Access Request) sent 29/12/06

Statements recieved 15/1/07 - >£3000 owed

Prelim sent 16.01.07

Partial offer received 01.02.2007

LBA and letter rejecting paltry offer sent 02.02.2007

MCOL filed mid Feb 07

AQ 26th March

 

 

BoS - S.A.R - (Subject Access Request) sent 29/12/06

Statements received 1.02.2007 - Prelim sent 02.02.2007

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  • 4 weeks later...
If you have been successful in your claim with First Direct but the thread title doesn't show **WON** or **SETTLED** can you please send a private message to one of the mods to change the title and put it in the successes sub-forum.

 

This will give other users an at-a-glance guide to other cases that have been won and may just give them that extra little bit of confidence needed to pursue First Direct themselves.

 

If you can't PM a mod for whatever reason then just reply to this thread.

 

 

hi blueskies

 

can yu show me for a win of £10.4K against First Direct, settlement after AQ and request for directions and disclosure submitted on Fastrack, money safety deposited in a non FD bank account, donation has been sent, thanks again, keep up the good work

 

 

ellie

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  • 3 weeks later...

Sent letter to FD for £1,195 (£1,145 without interest) on 18 June

 

Received letter this morning with offer of £998. Am gonna call on Mon and try and get a bit more (cheeky I know but worth a try!)

 

Otherwise I will accept this one!

 

Thanks for all the great advice on the site!

 

:)

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Congratulations

 

Cheeky....yes I think so - what asking for the full amount they took from you?

 

I think you have a nerve - after all they negotiated with you every time they took money from your account.

 

You tell them you want the full amount my friend.

 

Z

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Congratulations

 

Cheeky....yes I think so - what asking for the full amount they took from you?

 

I think you have a nerve - after all they negotiated with you every time they took money from your account.

 

You tell them you want the full amount my friend.

 

Z

 

They negotitated with me? Eh?

 

I have 8 charges with them, so even if I take off the approx £3 it costs them to charge me, it's still over £1,100. That's my logic anyway. I will let you know how I get on.

 

Thanks

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  • 3 weeks later...

Offer in full arrived in post this morning (actually £30 over what I asked for!!!). Only got bundle to them on Thursday. Thanks guys. 5% of it is for you to keep this brilliant site going - couldn't have done it without you! :D

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