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    • 1st try for snotty letter.     lbccc v1.pdf
    • I do feel now that I would like to comment on some points raised on some of the posts on this feed:   Although I found the appearance and comments from Zac to be rather strange, I have not left a scathing review; I was merely seeking some advice as I have never been in this situation before and did not know what to do.   The information I have provided is factual, transparent, and comprehensive. The pdf I posted of full correspondence, screenshots with text on (and to clarify direct quotations from the video walk round), and photographs of the bonnet show this.   The emails and comments posted by the dealer do not constitute the full facts of the situation as he stated, and it makes me feel sick that I have repeatedly been called a bully and a blackmailer (via correspondence and forum comments) throughout this. Additionally, the 4th email posted by the dealer which he named as the response to the email above it was not the response I received to it.   I have made it clear from the start that I wish to keep the car and only wanted it in the condition as advertised. Upon receipt of my first email concerning my complaint (not the best email, I know), it was very clear that the dealer wanted the car back. His response to this was a WhatsApp message which ended in “To be frank I don’t want to sell some one a car that insults and then blackmails me”. This was also the only option provided which would not cost me considerable time or expense. Although it would still have left me without a car (and having to resume my search), as my old Golf was due to be collected by a private buyer. Also, this was the only option offered without sarcastic and/or patronising comments attached. This is of course only my personal opinion and I am aware that I may not be fully objective on this point, but I felt bullied into doing what the dealer wanted.   Whilst I understand my initial email was quite conflict orientated, and that I have not dealt with this situation well, I don’t believe it excuses the responses I received. I am at a loss to see how this is above and beyond in terms of customer service.   As the dealer pointed out, I did state that the car was in fantastic condition for its year (the interior is fantastic for the year), apart from the bonnet of course. The car has most likely done predominately motorway miles which would account for the bonnet. There are minor issues which also don’t match up with the video walk round. Namely, a tiny dent in the rear wheel arch, which is barely even noticeable, several paint chips around one of the doors, the odd stone chip elsewhere, the alloy wheels are in good condition, but not absolutely pristine as most were described as (I had assumed maybe these has been reconditioned), the rear loading strip is heavily marked all the way across, but the paintwork not affected. However, all of these I feel are minor in a 10 year old car. Upon reflection ‘great’ may have been a better representation than ‘fantastic' on my comment.   During my initial phone complaint, I was told that I was the first customer to complain in over 50 cars (can’t recall the exact number but remember it being in the 50’s) to which I said that I felt bad about, later it was 300…   I never asked for £150. As mentioned before, I accepted this offer over the phone after the dealer had told me that I would not be able to get a stone chip repair company to rectify, as “there are hundreds,” and that it would need respraying. He told me that it would cost him £150 (did not mention plus V.A.T) and that it might cost me £200 here.   I was confused by the pricing structure mentioned (from the chap he has previously told me he has used for his body work repairs for years) as this appeared to be an invoice, which I assumed was for another car’s repairs. The total cost was over £1,000. It stated £180 for a bonnet repair and paint (vandal damage, small repair or paint correction) and on the second page V.A.T was added. If this is correct this would surely equate to a total cost of £216 for the bonnet, but of course I could be wrong. Not inclusive of the cost of collecting and delivering the car back to me, as I have been informed that this should not be of inconvenience or cost to me.   I asked for a larger contribution as initially I was led to believe it would cost me £50 and a little inconvenience. Only after I stated the specific consumer rights (which I had Googled over the weekend) and sent the dealer photos of the bonnet did he offer me a further £112.50 for this. In hindsight I could have specified a figure, and that I still did not expect the blended wings to be paid for. Before this, the dealer stated that he did not wish to negotiate any further and to take the car back to him to paint or they will refund and collect. Upon seeking more specific advice on Monday I was informed of my full rights in this circumstance.   It is certainly not a case of changing my mind because I wanted a brand new bonnet etc. and I disagree that the dealer kept his "kool" and replied respectfully throughout, as I do not consider sarcastic and derogatory comments throughout as respectful.   The warranty is a 6 month bronze package from Warranty Wise in this case, which I believe is the only option for a car over 100,000 miles.   I’m unsure as to the significance of the dealer counting 14 stone chips, but maybe this was on one of the photos close to the edge of the bonnet. I have not zoomed in, merely taken a photos of different areas of the bonnet. You can gauge the size on the photos which are closer to the front headlight area. Also, again this issue is not about the size of the stone chips, which do vary in size throughout, it is about the sheer amount across the bonnet not being as described. I did state that these were difficult to see in sunlight or at a distance. However, upon reflection I should have stated more clearly i.e. direct sunshine. I believe 2 or 3 were pointed out on the front edge of the bonnet in the video walk round. In which the dealer stated "Body work is absolutely stunning for the year, with only very minor age related marks, which we’ll point out as we walk round… Bonnet; no scratches, no dents, no damage. If we look closely, we might find the odd little stone chip here and there that have been touched in, little one there, very difficult to see. Little one there, look. So, it's got the odd little stone chip on the front of the bonnet edge, apart from that it's very very clean."   There are not over 30 emails about this, there are 12 and 11 WhatsApp messages (inclusive of the 2 photos of the body shop invoice).   From what I understand about mediation, its purpose is to negotiate to resolve an issue as timely and smoothly as possible. The last emails from the dealer stated that they had no choice but to take legal advice and pass all their correspondence to Lawgistics. With a formal retraction of all previous offers except returning the car to them for a refund, which would be my responsibility. This also informed me of the AA ADR. Followed by one stating “My apologies I forgot to include the phone number for the legal team… Bonnie is the team leader should you wish to escalate to the highest level. Please note that on taking further advice we are under no obligation to offer a refund for the vehicle.”   The dealer also stated “our car” at the end of one of his posts which is odd. It is legally my car which was purchased online in good faith.   Bankfodder’s recent comment concerning the AA does indicate he is saying the AA does not know what they are talking about.   Lastly, I am also unsure as to why anyone would want to deliberately add stone chips to their newly purchased car, or indeed how. Is this even possible?
    • As far as I can see I could just have scanned in a QR code of an unused or unreported test and declared it negative.  It is a venue asking for this and it's utterly pointless.  They'd be much better asking everyone to bring an LFT with them and randomly picking 10% out on entry to test in front of a witness
    • Each test has a unique QR code?   The UK is a joke at the moment.  People fighting over petrol at garages, because of supply issues affecting some garages.    Will we see people fighting again in Supermarkets over the last pack of toilet rolls ?   Government are blaming the media for reporting the problems .            
    • Thank you Bankfodder, your knowledge and advice are very valuable.   I have taken the car to a few independent body shops in my area who are all of the same opinion, although I told them what was stated by the dealer, they have not seen the video walk round. So, if necessary, an independent to assess both the car bonnet and the advertisement is very helpful piece of advice. As I stated to the dealer, I was happy to continue to search for a cheaper price. I have since found a couple of body shops who will do the works at a slightly cheaper price.   I have only received advice concerning my Consumer Rights on this, which I sought after correspondence with the dealer. I was informed that this falls under “Public statements such as those in advertising or on labelling, made by the trader, the producer or their representative about the vehicle, must be accurate.” Additionally, that irrespective of initially accepting £150 and rejecting a refund, the remedies must not be of inconvenience to me and must constitute full cost of rectifying the issue. However, I was not aware of how a Court would assess the issue or indeed the rewards process. This has helped me gain a greater perspective from an objective viewpoint.   I have never wanted anything but the car in the condition as described, if I could get the bonnet resprayed leaving it in the condition as advertised I would do so. I have also been told that a colour match can not be guaranteed and advised to blend into the wings. This is a further cost I was not aware of, and do not expect the dealer to pay for this as I thought that only fair. As it turned out my contribution would amount to over £180, when I was led to believe I was going to be contributing £50. I do of course have the option of getting the bonnet sprayed with no blending into the wings, but don’t want this to be glaringly obvious, so currently unsure.   I’m sure many would have just sent the car back. However, on this occasion I had a specific model I was searching for due to reading up on MK6 Golfs (VW Golf 1.4TSI Match) within a certain budget. I was seeking a minimum of two owners (ideally one), full service history, great condition for year and a dealer with great Google reviews. This one was the closest to me I had found, and the video walk round sold it to me straight away. I thought I was just lucky or it was meant to be considering it had been on the market since June.   I have now also arranged to have the car to be checked over next week for peace of mind upon your advice.   Update: I called the AA mediation team first thing Friday morning to accept the extra contribution of £112.50 from the dealer, should this still be on the table. I decided that the time spent and the stress this was causing was too much. I have not heard anything back yet but will keep you posted.
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fumingmad
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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

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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

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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

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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

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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

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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

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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.

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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

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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.

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  • 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

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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

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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

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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

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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

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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

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  • 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

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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!!

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  • 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

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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.:)

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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

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  • 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

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