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    • 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
      • 162 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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Here I Go !!!


adamarm
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Hi All,

 

I have read most of the posts on this site, all very helpful indeed !

 

I telephoned First Direct yesterday to request my all statements as only 27 months are online, the guy said this part of the "system" was down at the moment (suprise suprise) and that it would be £10 per statement charge, I read somewhere that the max they can charge me is £40 is that correct ?

 

So instead of dealing with the telephone operators, today I send a recorded delivery letter with a cheque for £10 requesting all my charge details for 6 years which I understand I have to wait up to 40 days for.

 

Got me parachute account as I am leaving First Direct anyway due to the £10per month charge and £2.50 charge for text messaging so not worried about them closing my account.

 

I am just wondering what dealings anyone has had with reclaiming from first direct and what I could expect as their reply ? Ignored I fancy to be favourite.........also do you think once they get my letter they know what`s coming and will start fobbing me off ?

 

Thanks guys an keep up the good work !!!

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Hello adamarm,

I'm currently at the MCOL stage with FD, and when I sent my S.A.R - (Subject Access Request) they sent me a letter back stating that the information will be provided free of charge, the print outs came via Omega in two packages more or less on the deadline, through the prelim and LBA stage their replies where just pretty standard stating that they were in the right etc etc.

Reading through the threads though I have noticed that there is not really a set pattern in the way that they deal with the requests and claims they seem to be treated on an individual basis and obviously they try to evade payment where they can. Just Persevere and be lucky!

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I had a response from First Direct after about 10 days - packed same as damjefs. Real smooth process compare to my other claims.

 

Haven't got any further.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Update

 

I received a letter from FD today (24th) together with my £10 cheque returned stating that the service is free of charge and they will send statements by courier.

 

Seems like a good start, but once again in complete contrast to the customer service guy on the phone who told me it would cost £10 per statement, these people either have no clue what they are telling customers or are deliberately trying to put people off.

 

Will update again once I send my reclaim letter.

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Today (Fri) I received six years worth of statements by courier from FD, once I go through them do I need to detail on a spreadsheet the dates and amounts of charges or can I simply highlight the charges, add them up and ask for a total £ attaching the highlighted copies ?

 

Thanks for your help with this guys.

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Adam, in the FAQs is a step by step guide. This leads you from start to finish. In it it tells you what spreadsheets to use and how to use them.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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I am ready to send of my first letter with spreadsheet of charges and interst, at first the account was in my name only then I made it a joint account with the missus although it is an either authorisation account, do I claim in my name or both, will they get me on a technicality ?

 

Thanks as ever !!

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Hi Adam,

 

If this your first letter to the bank DON'T send thespreadsheet with the interest at this stage. You can add the interest once you start the court process. Simply send the Preliminary letter found in FAQ and a spreadsheet with details, amount and dates of charges.

Good luck.

 

Dub:)

[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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Sorry I am a tad confused, I am claiming intially for overdraft fees and overdraft interest, then if it goes to court I will add 8%, am I doing it correctly or cab I only claim overdraft fees.

 

Any thoughts on the joint/single name question, help appreciated

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Sorry I am a tad confused, I am claiming intially for overdraft fees and overdraft interest, then if it goes to court I will add 8%, am I doing it correctly or cab I only claim overdraft fees.

 

That is correct. Dubliner - got your interests confused I think......

 

Any thoughts on the joint/single name question, help appreciated

 

I would put on the bottom of the letter "for the benefit of your records, [your missus name] has countersigned this letter in order to confirm that she gives me authorisation to progress this complaint with you in my sole name".

 

Then get her to sign it.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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My bad T4ff.

:rolleyes:

Didn't bother to add the interest on the overdraft to mine. Looked too complicated to separate it from the normal interest they are allowed to charge.

 

Good Adam.

 

And good luck...sort of in the Six Nations on Sunday T4FF:wink:

[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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Update

 

Received the 10 day standard response letter, will issue my LBA next because I suspect as other members have found they will conveniently forgot to come back to me !!!

 

Do I date 14 day from date of my letter or when they sign recorded delivery ?

 

Thanks as ever

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Might be just reading this wrong but I'm not sure you're allowing enough time here? From what I can establish, you only sent your prelim somewhere between the 29th and today, you need to give them a FULL 14 days regardless of what they respond. Once the 14 days are up then you can progress LBA. (I think you're just preparing to send LBA but just double checking ;)) 14 days is from day of posting.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Might be just reading this wrong but I'm not sure you're allowing enough time here? From what I can establish, you only sent your prelim somewhere between the 29th and today, you need to give them a FULL 14 days regardless of what they respond. Once the 14 days are up then you can progress LBA. (I think you're just preparing to send LBA but just double checking ;)) 14 days is from day of posting.

 

 

Yep sorry should be more specific, just preparing to send lba but gave them 14 days in prelim letter, just eager I guess !!

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Hi Again,

 

I am sending my lba tommorrow on the 14th day after prelim letter, do I HAVE to give them another 14 days or can I give them 7 ? I really think a company as big as HSBC can turn this around much quicker !

 

Thanks

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Hi All,

 

I need your advice ?

 

I have recieved what FD state as " a fair and resonable" offer of £835 against the £980 I was claiming, do you think I should cut my losses now or accept part settlement and tell them I will claim the remainder in court ?

 

They say they are confident that they would sucessfully resist any legal challenge, which I feel is just putting the frighteners on me, if they can offer me 85% of my claim surely if I refuse they will offer me the full amount or will they go to court over an additional £145 ?

 

Your help is greatly appreciated

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Hi Adamarm - I'd refer to http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Personally, if it were me, I'd simply ignore the offer, but a prudent person would probably write back and reject the offer, or accept it in partial settlement.

 

Please read the page i linked to above and make up your own mind, it explains it all!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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OK Guys,

 

Sent them a letter saying thanks for the offer, I will accept as part settlement and pursue the remainder in court plus costs etc etc and five days later I get the full amount offered plus another £55 they were going to charge me next month !

 

Add another £1035 to the First Direct tally, thanks everyone could`nt have done it without you !!

 

Will update on MBNA next.....Grrrr

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Excellent news, well played you.

 

A couple of questions if I may?

 

Did you include 'overdraft fees' and 'excess overdraft fees' or just the latter?

 

Also, did you have anything called a 'tariff fee' of £5 a time? and did you include it?

 

thanks, and well done

 

:)

time for me to get back what is rightfully mine

 

:)

 

The hitlist:

 

Capital One: S.A.R sent (6.2.7)

Littlewoods Catalogue: SAR sent (6.2.7); letter arrives 20.2.7

Kays Catalogue: SAR sent (6.2.7)

Halifax Credit Card: S.A.R sent (6.2.7)

First Direct: S.A.R sent (6.2.7); statements arrive (19.2.7)

My partner's RBS account

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Great. Thanks for that info. Will get the calculator back out!!

time for me to get back what is rightfully mine

 

:)

 

The hitlist:

 

Capital One: S.A.R sent (6.2.7)

Littlewoods Catalogue: SAR sent (6.2.7); letter arrives 20.2.7

Kays Catalogue: SAR sent (6.2.7)

Halifax Credit Card: S.A.R sent (6.2.7)

First Direct: S.A.R sent (6.2.7); statements arrive (19.2.7)

My partner's RBS account

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great news adamrm!

 

Don't forget to fill in the survey on the CAG homepage pls!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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