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    • A key member of the US central bank, Raphael Bostic, tells the BBC rates might only ease "at the end of 2024".View the full article
    • A key member of the US central bank, Raphael Bostic, tells the BBC rates might only ease "at the end of 2024".View the full article
    • OK, thanks, I won't wait for them. On a side note, some of the posts on here are a bit frustrating, I read through five pages or so of someone going through the court process rooting for them as I'm reading, then nothing, not heard of again. Left here wondering what the outcome was, lol!
    • Hello Caggers,   I've been trying for years to get an old EE account wiped off my credit file. It was opened in 2013 and almost immediately defaulted but was shown as "Payment Arrangement" ever since. I contacted EE by telephone in 2022 and was advised it had not been wiped because there was still £69 owing, I paid it and thought it would correct once the CRA's updated their reporting cycle. However, it has still not been removed. I made a formal complaint on 27/03/2024 and have had contact with the executive team who advised that  "EE account ......... has now been deleted from the Credit File as it failed to close as it was reporting the payment arrangement set up despite, as advised this failing which should have resulted in a further default showing.  Please be advised the deletions we have completed take 24 hours to update if a paid service is used to view the Credit File. If the customer uses one of the free services to view the Credit File, the recordings update in 24 hours but the changes can take up to 30 days to be visible on a new copy of the Credit File. I have requested compensation and been advised by EE that another team are looking into this. That was almost 2 weeks ago and there has been no contact since, despite me chasing it. I do not want to go to court and would rather settle this amicably. However,I have been advised that I might have a claim for aggravated damages due to the length of time the incorrect reporting has been on my file and the fact that I told EE about this issue and paid the demanded outstanding amount of £69 almost 18 months ago. Should I just wait for EE to reply or should I start building my case against them? Is their statement admissible as evidence of their blame or do I need to dig a bit more? I made a DSAR which was initially rejected as having no data found yet. I trawled my e-mails from 2013 and found the account number and mobile number, I'm now awaiting the result of my 2nd attempt at DSAR. I have very little in the way of proof of actual loss except a mortgage refusal e-mail from HBOS in 2015. I have also had high interest loans and credit over the last 10 years but again cannot directly attribute this to this one specific error. There were other items on my credit file that could also have contributed to a low credit score too and I'm not out to cash in on anything. I want to make sure I don't end up shooting myself in the foot for any obvious reason and would appreciate any help from anyone who has had similar experience with breaches of DPA.
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    • If you are buying a used car – you need to read this survival guide.
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      • 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
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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.
      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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ngibson v First Direct **SETTLED**


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Hello everyone. I finally got my finger out this weekend and decided to claim back the charges I have paid to First Direct over the past few years. I had statements back to Feb 2002 and started keying them into a spreadsheet. My first step will have to be to request charges details for the period Sept 2000 to Jan 2002 which I'll do as a DPA request.

 

Could someone advise me on what charges I can reclaim? Looking at my statements I have charges in the following categories.

 

Overdraft Fee

Excess Overdraft Fee

Recall SO-DD

Unpaid Item

Interest Charges

 

If I had an agreed overdraft then I am assuming that the "Overdraft Fee" charge is not reclaimable. Is that the case?

 

How on earth can I work out what element of the interest charges I can reclaim?

 

I was shocked when I added up all of the charges. At the moment it adds up to between 3 and 4K depending on what items I include. Well worth following up!

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I think that the difference between "Overdraft Fee" and "Excess Overdraft Fee" is that the "Overdraft Fee" is for a service which you, the client, has agreed to. The "Excess Overdraft Fee" is the penalty for exceeding the agreed overdraft.

 

Perhaps someone with a bit more experience can confirm or correct my understanding.

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  • 3 weeks later...

20/10 - DHL attempted to deliver the statements yesterday but there wasn't anyone home to sign for them (something for people to consider if they are out at work all day). Rearranged delivery for today. Now I need to go through the statements I am missing at tot up the charges.

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  • 3 weeks later...
  • 2 weeks later...

In response to my LBA I have received today (22/11) a letter from Robert Kernaghan saying that he has reviewed my concerns and doesn't agree that the charges are unlawful. He then goes on to say that I am welcome to refer my complaint to the Financial Ombudsman Service "as this letter consitutes the bank's final response".

 

This seems to be a slightly different response to that which most other people have received. Is this a change of stance, or are they just pushing back a bit harder as I am claiming back more than the average claim.

 

I guess the next step is to start the court procedings. Do I need to write another letter back to FD? or do I just let them find out via the courts?

 

Any advice and support would be appreciated as I was hoping to have seen a chink in FD's armour without going through the court stuff.

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Hi just to say that it seems like you got exactly the same kind of response as me. i am claiming £2222 back. Although i did claim for the overdraft fee as i only have a £500 overdraft with FD which is fee free - apparently. They charge you £30.00 for anythime you go over your agreed limit then £25.00 per day you remain over this limit which is the excess overdraft fee. I lodged my money claim on 20.11.06 and they acknowledge it 24.11.06 so they have 28 days to decide what to do?

Keep us posted with how you go.

 

Best of luck

Leah

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Does anyone have a template for a letter to the bank's solicitors rejecting the ir offer of half my claim? I could make one up but would feel more comfortable with one that has worked in the past.

 

Should I push for the full amout of charges + interest or offer to settle at just the charges?

 

Advice gratefully accepted

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Yes my offer was from DG Solicitors. I have written back rejecting their offer. I also couldn't find a template that fitted this exact case i.e. rejecting an offer from the bank's solicitors. This is the wording I used. You are welcome to use it.

 

My address

 

Their address

 

Dear Sirs

Re: Request for repayment of charges

Account number: xxx

Claim number: xxx

 

Thanks you for your letter of xxx kindly offering the sum of £££ in respect of my claim for repayment of charges made to my First Direct account

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, if necessary, by continuing the County Court claim.

 

As you will be aware, the claim submitted to the Court totals £££ (comprising £££ in charges, £££ in interest and £££ courts fee). As a gesture to aid the swift conclusion of this matter, I would be willing to accept the sum of £££ in full settlement providing an offer is made in the next seven days.

 

Yours faithfully

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As I stated on another thread, I also had a second offer from DG this week. Unlike yourself, I didn't include a counter offer in my letter, but I've done so in rejecting this offer. Just out of interest, how close to your offer were they? I appreciate you can't give details or actual figures but an indication would be interesting.

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