Jump to content


  • Tweets

  • Posts

    • Could you link us to BankFodder's post please? The judge's office means something different to me. HB
    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, (this is what you reminded me of on another thread) but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check if I am still a member of the scheme, and if I am I will discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx Yes sorry. they called it a deed at first in court.  Then Judge said she was happy to have it sealed as something else  exact names of orders in message above.     The disease was tested for when his cardiac testing was done immediately after purchase and part of the now sealed case.   However, results were disclosed incorrectly and I only found out  two days ago.   This disease did not form part of my knowledge during the case as I had been informed of a normal result that was not the case.   it is perfect clarity of a genetic disease where as the previous cardiac issue could be congenital until the pup is genetically tested. 
    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
    • Paperwork says sealed consent order and composite settlement agreement      YES  ADDISONS DISEASE 
  • 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

New Claim


fumingmad
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6185 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

I have issued First Direct with a SAR and sent on the 16th February.

This was sent by recorded and signed for 1st class.

Using track and trace today (25th) there is no record on the royal mail web site of proof.

I recevied a standard letter from FD on 20th Feb saying they will provide me with copies of my statements for the last six years. then goes on about manual intervention (which seems the norm) and that the information will be sent by courier FOC.

 

I'll get on to Royal Mail on monday morning about the track and trace proof, but will their letter confirming my request be enough proof?

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

Hi fuming,

 

This seems to be fairly typical of Royal Mail. I sent my SAR, Prelim and LBA all by 1st class signed for to FD and none were actually signed for !!

Apparently according to others on the forum the letters are delivered in a batch to big companies.

Trying to complain to Royal Mail is not easy - even online you have to print off a form and post it !

I think if push came to shove you could use your red receipt with reference no. as proof of postage.

 

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

Link to post
Share on other sites

Just to update on the RM thing - i phoned their customer services today and asked for the status and when i got the info i enquired why it wasn't avalable on the track and trace on the website. No answer given but the kind lad offered to either fax or email me the info FOC!! no kidding!! i saved myself £4.40 (2 POD @ £2.20) without having to argue it. I now have electronic proof of delivery. By the way there are at least 15 other bar codes on the proof so it looks like the banks are very busy at the mo....tee hee.

I wonder how many more claims need to go in for their work load to become unmanagable...........maybe they will see the error of their ways but i doubt it!!!:rolleyes:

 

Keep you posted.:)

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

Hi fuming have you got the phone no. you managed to get hold of them on.? I've ended up in circles chasing the bast**ds!

[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

Link to post
Share on other sites

hi dubliner10

 

yes here it is 08457 00 1200.

 

you have to go through the track and trace automated bit so bear with it. You will get to speak to someone eventually!!!

 

Good Luck!

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

Update for you

 

I today got my statements! - Had to go to the DHL depot mind but that's another story.

 

I've been through the accounts and worked out everything on the complex spreadsheet - its brill!!!:)

 

Well the bottom line is that i have paid £2,780.00 in charges and £345.07 interest on these charges on the current account! Amazing thing is that even my savings account has managed to incur OD and Excessive OD charges on it which i am puzzled by :???: but i will be requesting these back as well. I'm not allowed to set up SO and DD on this account and can only transfer the money by internet banking so it will always remain a puzzle as to why there are charges.

 

Savings account is £85.00 in charges but there are no interest charges on these. I can see from the statement that for 2 months around these charges there has been no interest paid in or any reference to interest. Any thoughts on this anyone???

 

So i'll be sending off a letter requesting £2865.00 plus £345.07 interest.

 

Just for interest the most i was charged in one month was £124.00 Excess OD plus £25.00 OD Fee. Unbelieveable!!:evil:

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

Hi, Fuming.

I'm keeping up with your story, best of luck!!

FD once charged me £149 back in August 2003, what made me even more gob smacked is that they charged me again the next month for exactly the same amount! (£129+20, then £124+25).

I sometime wonder if they just pluck the figures out of mid air and see how far they can get away with it.

Link to post
Share on other sites

Hi Tiffla

 

Yes i agree that there doesn't seem to be any rhyme or reason for their charges. When i first opened the account they charged £15 a time and then £25 then £30 then £25 and £20 and not it £30 all the time. - There is no logic at all to it and i can't imagine for one minute that the banks REDUCED their charges or am i being too pessimistic?

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

Just goes to show....

 

FD seem to be more interested in keeping customers who line their pockets month after month with penalties.

 

Those who rarely go overdrawn and therefor don't really add to FD's profits, are customers - not GOOD customers.

 

Hope that doesn't offend anyone.

Link to post
Share on other sites

  • 2 weeks later...

Well this just seems to be going from the absurd to the damb right ludicrous!! I received my SAR requested statements on the 1st March as previously stated and on the 8th March my husband received the exact same information! It is a joint account and we both signed the letter, but to get the same information twice but a week apart is bizarre!

 

Then ....it just gets better.......we moved house 8 months ago and informed FD of the new address at the same time (Joint account but we had to inform them separately ???) and today the new owner of our old house delivered some post that was delivered their. In amongst the post was a letter to my husband from FD with the cheque for £10 that i signed when i requested the SAR. It had the same date on it as the letter from FD informing me that they had received my SAR request and will send it out via courier.

 

Every single item of post from FD comes to our new address - EVERYTHING!! So why this returned cheque went to the old address well i'll never know.

 

Oh and just a little thought. FD don't charge for a SAR request as they are entitled to do but they unlawfully charge for transaction that they AREN'T entitled to. What a strange world.......

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

got an offer letter today. They acknowledge my claim for £2955.00 is bank charges etc. I requested that i get back £2965 plus £345.07 in interest so i don't understand their figures at all!!.

 

They have offered me £2340.00 less the claim for the stopped cheque i requested they stop. Fair enough i think, £7.00 for a stopped cheque i won't quibble.

 

Strangely enough though the declaration they want me to sign has my name at the top but the information is for £85.00 settlement and for a Mr Richards and Miss Lee. So i can't sign the declaration even if i wanted to! which i don't.

 

I will be refusing their offer and insisting that they return all my money. They also say in this letter that they are not willing to refund any charges related to unpaid direct debits.

 

I'm off to write my next letter........

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

Good on you Fumingmad! (for rejecting their offer I mean).

 

Interesting that they're sending you someoneelse's acknowledgement slip with YOUR offer letter (Dimwits). Probably confirms all the posts recently on this site that they're getting flustered by the number of claims.

 

I too received TWO lots of statements (6 years worth) by two different courier firms within a few weeks. Bizarre as you say. One lot of statements were literally printed A4 sheets, the other lot were 'proper' FD logo encrusted duplicates.

 

Hopefully they won't keep you too long before offering the full amount.

Claim against First Direct - WON - 29th March 2007

Link to post
Share on other sites

Thanks Harvest.

 

I managed to get my letter in last nights post - amazing what you can do when you put your mind to it. They have until friday to reply fully before i send my LBA.

 

Time is ticking.....

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

I know what you mean about time ticking. It's almost as if the banks have a different timezone to the rest of us.

 

They are very quick to apply charges (they don't give it a second's thought) but very slow in replying to letters.

 

I'm hoping to hear this week after I rejected their first two offers (first one for about 20% of Claim the second offer for almost 90% of claim).

 

Oh well, patience is a virtue I suppose.

Claim against First Direct - WON - 29th March 2007

Link to post
Share on other sites

Seems to me a bit silly all this too-ing and fro-ing of letters. The fact they are inundated with claims they should save themselves the bother and just refund the money. But then in a civilised society we wouldn't have been charged in the first place!! Big dog eat little dog world!

 

but the little dog can bite back!

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

  • 2 weeks later...

Another update. received another offer from first direct:

" I am sorry to learn that you remain dissatisfied with our letter dated 12 mar and i have takent he opportunity to reveiw your concerns. Having reviewed your accounts, i note you have included Recall fees of £### and interest totalling £##### so i have adjusted your claim accordingly to £###."

 

they then go on ot explain that to authorise a payment that wouldlead the account ot go overdrawn they have to consider whether to make this payment bla bla bla.....

 

They offer me £553.44 less then i requested and the answered my letter on the absolute end date of the period i gave them before i file a MCOL.

 

Do i refuse the offer and carry on with MCOL or do i refuse and give them another 7 days?

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

Hi, Fuming.

 

Your choice at the end of the day.

 

Personally, i'd accept their offer on the understanding that you'll take them to court for the remainder.

 

£500 is £500, but i guess it depends on how desperate you are for the money.

 

Keep us all posted!!

Link to post
Share on other sites

  • 2 weeks later...

I sent a letter refusing their offer. Its now been 5 days since the LBA time ran out and after refusing their offer i thought i'd give it a week to see if any correspondence came back. And guess what - nothing has.

 

I'm going to file my MCOL this weekend as i have everything ready to go. Shame that they didn't take the opportunity but now i get to add on my 8% interest!! bumps up the claim somewhat but that's their loss.

 

Do i send FD a letter telling them that i have filed a MCOL or do i leave that for MCOL to do? Not sure from the other threads here if that is the case but i have told FD that i will escalate the claim etc....

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

Hi, Fuming.

 

No need to let FD know, the courts will do that now. You've already given them plenty of chances to settle for the full amount.

 

Still waiting for my AQ to arrive, it's been a week now:(

 

Keep us all posted.

 

Best of luck.:)

Link to post
Share on other sites

Bit of a delay in filing the MCOL. I today received a letter from FD offering charges less the interest as per the spreadsheet. I have now had enough messing around and i'm filing tonight! Stupid them as it adds another £1,100.00 to the claim. at least i'll get my additional 8% now as well as the cumulative interest on the charges!!! Fingers crossed.

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

  • 1 month later...

I have filed my MCOL on the 12th April. It was deemed by the courts to have been served on the 17th April. Acknowledgement was on the 20th April and on the 17th May no defence was filed and i asked MCOL for a judgement. Today i get a letter from the Courts saying that "Your request for judgement has been rejected for the following reason: A bar on judgement/enforcement is in place - contact CCBC"

 

Help anyone???? its a saturday and i can't find any further information on their website and have absolutely no idea what is going on.

 

What's going on??????????

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...