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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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    • 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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Just started my claim against First Direct


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Hello there.

 

I never thought I would be able to claim my charges back until I started reading about it in the paper. I requested my bank statements last week and they came within days which I was impressed with. I sat down today and totalled up my charges and felt sick when I discovered it was £3100.00. I can't believe I have paid out that much over the past six years. Anyway sent my letter today claiming it all back but feel completely sick. I know it was my own fault for going over my overdraft limit and am worried that I will get knocked back by them.

Please wish me luck!

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I had 2 accounts also, I have sent them one letter to cover both at every stage, and had no problems. I think it would only be an issue if it totals over £5k if it comes to court.

___

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

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I have already sent letter for one account and as yet don't have details of charges for the other. When I receive statements, should I send a new amended letter for total or treat them separately?

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You could do either, but I'd recommend you keep them separate - obviously make it very clear with accounts numbers shown on all of your letters. And when accepting any offer(s), again make sure it makes it very clear you're only accepting for one account.

___

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

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Hi there

 

I am also just about to start my claim against first direct for 2 accounts. I am pretty nervous about this but have lots of support from friends who have gone through the same thing and come out smiling. So Good luck! :) it is worth it in the end.

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Hello there.

 

I never thought I would be able to claim my charges back until I started reading about it in the paper. I requested my bank statements last week and they came within days which I was impressed with. I sat down today and totalled up my charges and felt sick when I discovered it was £3100.00. I can't believe I have paid out that much over the past six years. Anyway sent my letter today claiming it all back but feel completely sick. I know it was my own fault for going over my overdraft limit and am worried that I will get knocked back by them.

Please wish me luck!

 

Christ!! Well I will be joining you soon, I just got confirmation that Alliance and Leicester have accepted me for my parachute account today!! :D

 

I will be claiming back my charges soon!

 

Good luck to you!

 

P.S. I will be scared that they demand the whole overdraft back though...

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Just been looking through my statements and realised that I have only claimed for 'excess overdraft fee' although I have also been charged an 'overdraft fee' of £30.00 each month. I initially assumed that this fee was for using my overdraft and the excess was if I went over the overdraft limit. I am a bit confused, sorry! Could I claim for both?

Thanks!

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This is confusing a LOT of people. You claim BOTH... the overdraft fee is a penalty and not an arrangement fee. I don't think any bank would charge £30 a month just for an overdraft arrangement, and certainly not FD! I have a horrible feeling people are missing out on getting a lot of THEIR money back by not claiming this.

___

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

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That means I have another £1272.50 to add on to my original £3341.50! Should I send them an amended Prelim letter? I also have charges to claim on another account but I am waiting for statements to arrive to calculate how much they are. This is obviously going to take me over the £5000. Should I wait to see the outcome of this claim before submitting another?

Please help!

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Hi there Everyone,

 

I've got claims going with HSBC & Halifax for myself, but I'm just about to start going through my mum's stuff now as well. She's with FD & is corncerned that if I start on this account they'll close it & she'll be left high & dry.

Apart from the fact that she already has accounts with most other high street banks that i've already sent SAR's off for - she likes the ease of use with FD. Does anyone know if FD close accounts down when you start to re-claim bank charges please?

 

Cheers!

 

Zsazsa

HSBC S.A.R - (Subject Access Request) 24.08.06

HSBC WON £3608.05 inc court costs DONATION MADE

 

Halifax S.A.R - (Subject Access Request) 24.08.06

Halifax WON £1909.39 inc court costs DONATION MADE

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  • 3 weeks later...

Just an update...

 

Received an offer from FD on 12 December for my joint acct offering approx 75% of my claim and stating that this includes all overdraft fees and excess fees but not interest. Well it didn't so I send back a part settlement letter and now due to file my MCOL today. Can't believe I declined an offer of over £3k but thought I have come this far and I want it all back! I sent my LBA for my sole account on 12 December so just waiting to hear back on that though I expect I will be filing a MCOL for that account as well.

 

Have I understood correctly that once I have a reference from MCOL then I send them a schedule of my charges and another copy to FD?

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Yep... and well done on refusing "Full" settlement for anything less than the full amount.

 

Remember also to state at every stage that you reserve your right to claim for any and all other charges which you may discover in the future.

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Just received an offer from First Direct on both my accounts despite having filed MCOL on joint account on 14 December. They have offered approx 75% on both which I am going to decline. As I am treating them both separately I am going to send two separate decline letters. My sole account letter will be straightforward as I will accept as part settlement and advice them I intent to proceed with a County Court Claim. What should I do about my joint account? Should I just ignore it as they should have now been notified that I have filed a MCOL? How long does it normally take for them to acknowledge a MCOL? Keep checking on-line but it just says 'Issued' at the moment.

Getting close now I hope. Don't know what I would have done without this website and I will definately donate when I receive my money.

Thank you!

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FD took about 10 days to acknowledge my MCOL... still waiting for some kind of offer from them though!

___

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

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Just to say I filed an MCOL on 3 December for £3047 + £637.05 in interest against FD. Heard from FD's solicitors today 20 December with an offer for £1902.03 in full and final settlement. Have just sent a letter declining the offer except in part settlement.

 

Include excess OD fees and OD fees in your claim and hang in there. I didn't expect to get this far, and I'm not giving up now.

 

Good luck to you - remember it is your money - they will try to stall you all the way but persist.

FIRST DIRECT

£3047 charges

£648.45 interest @ 8%

£120 court costs

TOTAL: £3815.45, SETTLED IN FULL 19/01/2007

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Just received a telephone call from FD asking why I had filed a court claim when they have made an offer for more than I am claiming! Explained that their offer was for both accounts and that it was far less than the total of my charges. Also explained that whilst they have written with a total offer for both accounts, I am treating them totally separately. Said they would review it and come back to me.

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Hi I sent mine off on 29th Nov. Had it returned the first time because I addressed it to First Direct Investments (UK) Ltd, 40 Wakefield Rd, Leeds, etc and they are no longer trading. It should be simply First Direct at 40 Wakefield Rd. Unfortunately, when I returned it, I forgot to sign the second letter I sent so I have sent it once again (but they did tell me not to send the cheque, as the information is free of charge) on 16th December. Will let you know how it goes.

 

Have faith, my sister just got a cheque from nat West for £4,700 - the full amount she claimed - even after their first offer of half of that a week prior!!

 

boothedog

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