Jump to content


  • Tweets

  • Posts

    • Thanks all, especially the information about Kev! Yes, I'll make the mods you all suggest, especially the client bits (didn't realise it was a one man band). The only thing I'm not sure of, is the best way to "sign off", especially as the Keeper is not so keen to sign. So I'd much rather send it from our pet dog. BTW does anyone know about the landowners at Harlyn Bay? I did try to find out last year but couldn't find anything useful, and whether it is worth raising this massive cash generator scam with them. I'm guessing the landowners get a small percentage, so happy to go along with it?
    • I haven’t reply, so the hearing hasn’t been decided 
    • whitelist - the same with mine....the battery had a mind of its own. i bought it for my Son...he'd shut it down and it would be completely off but the power light would either stay on or flash...also it wouldnt start properly, had cmos errors on boot and other stuff.   i bought it through HP store on ebay ..brand new. after 6 days of receipt i recieced an email from HP asking if i was happy...i returned an email saying no and that i want to send it back as it was faulty (basically the email served as a reminder for me to leave them good feedback lol...not as a geniune enquiry to actually make sure i was happy with as they didnt reolve the issue when i was not) after trying to sort it for a couple of months with HP not replying, not offering a solution etc i finally got passed tech support who confirmed it was faulty. i then had to return it to their factory. this is where its gets beyond worse...waited 3 times for parcelforce to collect - they didnt. in the end HP sent me a label which i had to take to the post office - not good as im disabled with a mobility disability. then they asked for my bank account number to issue the refund. they hardly ever replied to my emails and it took over a month and a half to refund me once they had received the laptop back. no explanation, no progress emails, no updates. i kept emailing them on a daily basis as no one would reply to my emails through the website, forum, internal email addresses and even phoned 3 different departments who basically had no idea what to do or what was going on and did not help...they couldnt even tell me when the refund would be issued, let alone why it hadnt been done already. on the forums theres other customers who've had to wait 6 weeks , 2 months , over 2 months etc...it seems as though HP like to with hold peoples money to earn interest on the money in their account. i spents days phoning and emailing them - even sent a recorded letter. at the begining i phoned citizens advice and they said i am entitled to put back into the same financial position as before i lost the out of pocket expenses ie: compensation for my time and recorded letter sent etc. ive started a martin lewis 'resolver' case with them and basically in a snotty reply they told me im not entitled to compensation which is contradictory to what citizens advice told me. i was just wondering if theres any .gov website or law/legislation that i could reply with and say "no your wrong - please compensate me"
    • LBC is here. Complete with a note showing a phantom payment. What to do next?
    • I suppose it doesn't make a massive amount of difference as Kev has never had the guts to do court - well at least not yet - but to me the number of cards played still needs to be reduced.  Given the OP has already referred to the "very busy and overflowing car park" in the appeal I'd refer to that and tell Kev to go and look up case no.3JD08399.
  • Recommended Topics

  • 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
      • 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
        • Like
  • Recommended Topics

Bookmark1976 v First Direct **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6343 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I have been reading the threads on here since Sunday and have sent my Data Protection Act request letter off today (by registered post) and waiting with baited breath for my statements. I KNOW they owe me at least £1000!

 

Am feeling slightly apprehensive as I'm wondering how far this process will go, but knowing lots of others have been through the same experience and have lots of good advice helps!!

 

Fingers crossed.

 

Bookmark1976

Link to post
Share on other sites

Hi

 

I have been reading the threads on here since Sunday and have sent my Data Protection Act request letter off today (by registered post) and waiting with baited breath for my statements. I KNOW they owe me at least £1000!

 

Am feeling slightly apprehensive as I'm wondering how far this process will go, but knowing lots of others have been through the same experience and have lots of good advice helps!!

 

Fingers crossed.

 

Bookmark1976

 

Hi dont worry you will get your cash in the end. :)

Link to post
Share on other sites

Hi Mr/Ms 1976, I felt exactly the same, and to a degree I still do. I'm part way into my claim and have very much mixed emotions about it. The folk on here are extremely supportive (after all we are in the same boat, natch) Don't worry you will win. Stick to your guns and, more importantly, to your timetable.

S.A.R - (Subject Access Request)-13th September 2006

Prelim-12th October 2006

Offer recieved-22nd October

LBA-27th October2006 (busy times in the wijit household!(hence the delay)

Full amount offered 03/11/06

Link to post
Share on other sites

I've just opened an account with Natwest (I know they are no better!) online incase FD get nasty and close my account once I start asking for my money back. I have a hefty overdraft with FD which I know will be paid off once I get my money back, I'm worried that they will ask me to pay it back asap - before repaying me!! Not sure what I'd do if that happens. Does anyone know if that is likely?

Link to post
Share on other sites

  • 2 weeks later...

Got the statements today and have already been at them with my highlighter pen! Looks like I'm owed around £1500. I am unsure about some things I can claim back (sorry to be a pain!) Can I claim back

Unpaid cheque charge £100.00

Sterling Draft (????) £10.00

Charge Arrangement fee £15.00

Charge Renewal fee £15.00

 

Thanks for the help!!

Link to post
Share on other sites

I don't know exactly what the sterling draft is, but the unpaid cheque fee (if it is a charge for the cheque not being paid out) can be claimed back. The other two depend on if they were requested by you. If they are a service First Direct provided because you asked for it, then no, you can't claim them.

S.A.R - (Subject Access Request)-13th September 2006

Prelim-12th October 2006

Offer recieved-22nd October

LBA-27th October2006 (busy times in the wijit household!(hence the delay)

Full amount offered 03/11/06

Link to post
Share on other sites

£100 for an unpaid cheque !!!! Are you sure that this wasn't a cheque that you wrote for £100 that was unpaid ??

 

Also, charge for a sterling draft is the charge applied when you asked for a bankers draft.

Arrangement fee is for when you have asked for an overdraft to be arranged. Similarly, each year, a renewal fee will be charged when you overdraft is renewed.

All three of these things are fees for services you have requested and therefore are not illegal charges.

Link to post
Share on other sites

It says on the statement unpaid cheque and then £100.00 is taken out!!! It does seem extremely excessive!!

 

I have another quick question and I've tried searching for the answer but to no avail.

 

I have two accounts with FD that I am claiming for. Do I send the two spreadsheets in the same envelope with just one prelim letter or send them in two seperate envelopes?

Link to post
Share on other sites

You should be OK sending them together, but make sure you clearly indicate the details of the claims in your prelim.

S.A.R - (Subject Access Request)-13th September 2006

Prelim-12th October 2006

Offer recieved-22nd October

LBA-27th October2006 (busy times in the wijit household!(hence the delay)

Full amount offered 03/11/06

Link to post
Share on other sites

It's the 40 Wakefield Raod, Leeds. LS98 1FD which is on all your correspondence. Address it to "Customer Services" and away you go! Good Luck.

S.A.R - (Subject Access Request)-13th September 2006

Prelim-12th October 2006

Offer recieved-22nd October

LBA-27th October2006 (busy times in the wijit household!(hence the delay)

Full amount offered 03/11/06

Link to post
Share on other sites

"You're right you can't claim for an overdraft fee, if it's an arrangement fee, but First Direct call their charge for going OVER your overdraft an overdraft fee. You would only pay an arrangement fee once every six months or a year (unless you increase your overdraft) and as far as I know they haven't charged arrangement fees for smaller overdrafts for a while (anyone else correct me if I'm wrong here). So, if it's a monthly charge, it's almost certainly for going over your overdraft. The excess overdraft fee is charged the 2nd and subsequent times you exceed your limit in any one month."

 

I read this in another thread and I am worried as this means I have sent off my Prelim letter asking for the wrong amount!!! Can someon confirm the above for me? I have claimed all excess OD fees, but I have also been charged an OD fee of £30 every month. Can I claim this back then?

Link to post
Share on other sites

Many thanks for the address!

I know i can claim for a maximum of 6years, but is this 6 years from back from today or can i claim for a 6 year period, ie. 1998-2003?

 

Additionally, do i just send off a copy of the 'charges page', a copy of the original statements or both? Thanks

Link to post
Share on other sites

It says on the statement unpaid cheque and then £100.00 is taken out!!! It does seem extremely excessive!!

 

I have another quick question and I've tried searching for the answer but to no avail.

 

I have two accounts with FD that I am claiming for. Do I send the two spreadsheets in the same envelope with just one prelim letter or send them in two seperate envelopes?

 

 

Can you confirm that £100 was taken out? If so are there other charges on that statement with no cash amount next to them? They sometimes lump all the charges for a month together. So the £100 may indeed by actual charges and is therefore claimable. What is The normal charge fee?

Link to post
Share on other sites

Yes, this is what they call the first fee they take each month for going over your limit. Claim it too, don't worry about your previous prelim, just send another one saying you have discovered they have taken more unlawful charges than you previously realised. Don't let them get away with it!

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

Link to post
Share on other sites

Many thanks for the address!

I know i can claim for a maximum of 6years, but is this 6 years from back from today or can i claim for a 6 year period, ie. 1998-2003?

 

Additionally, do i just send off a copy of the 'charges page', a copy of the original statements or both? Thanks

There are some useful templates on here, but all I did wa identify all of the charges I was claiming and printed them out, listed neatly and showing all of the relevant dates and posted it along with my letter demanding repayment.

S.A.R - (Subject Access Request)-13th September 2006

Prelim-12th October 2006

Offer recieved-22nd October

LBA-27th October2006 (busy times in the wijit household!(hence the delay)

Full amount offered 03/11/06

Link to post
Share on other sites

I have found out on another thread that I can claim back overdraft fees and I had only claimed back excess overdraft fees. (and I thought I had done all my research!!) I am sending another letter stating that I have added charges blah, blah. Will I need to set another 14 days time limit from the new letter or stick to the old one??

I'm worried that FD is going to know that I don't know what I'm doing!! Please help.

Link to post
Share on other sites

I have found out on another thread that I can claim back overdraft fees and I had only claimed back excess overdraft fees. (and I thought I had done all my research!!) I am sending another letter stating that I have added charges blah, blah. Will I need to set another 14 days time limit from the new letter or stick to the old one??

I'm worried that FD is going to know that I don't know what I'm doing!! Please help.

 

Are you sure? I think you may be getting confused you can not claim back your overdraft fee as it is a fee for a service ie the overdraft.

Link to post
Share on other sites

"You're right you can't claim for an overdraft fee, if it's an arrangement fee, but First Direct call their charge for going OVER your overdraft an overdraft fee. You would only pay an arrangement fee once every six months or a year (unless you increase your overdraft) and as far as I know they haven't charged arrangement fees for smaller overdrafts for a while (anyone else correct me if I'm wrong here). So, if it's a monthly charge, it's almost certainly for going over your overdraft. The excess overdraft fee is charged the 2nd and subsequent times you exceed your limit in any one month."

 

This is what I read. I am really confused now!

Link to post
Share on other sites

You CAN claim these I am 99.9% sure. Unless you remember agreeing to paying £30 a month - I don't think anyone would do that! IF by very very remote chance I'm wrong, FD will explain this in their first response (we are unable to consider because...). I claimed for one charge which they reckon they already refunded and they just told me in the letter... doesn't affect the rest of the claim.

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...