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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
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    • 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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First Trust Bank


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just printed out my 2 letters before action and will deliver them tomorrow! have more to do (for other accounts with the bank that are still open!) but on reading further i now wonder whether i have claimed all i could - have just gone for charges like referrals and unpaid direct debits, and also interest as it appears on the statements - not 'fees'. anyway, will be glad to get anything! you've a long time to prepare, will77 - all the best!

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just received the SAME standard response to the letters before action - we're investigating, details of complaints procedure, etc. PLUS another letter, dated yesterday, from the branch demanding immediate repayment of unauthorised OD and charging a further £13... (repaid by cheque yesterday). am so fed up with this, it's really encroaching on my life, but great to read other's experiences, and hopefully this will all be over soon. two more preliminary letters to write and send in the next week or so - waiting until enough funds to close account. roll on summer!

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thanks noomill. i need to make separate claims, don't i, for 2 x personal accounts when the actions were started separately and some time apart? also for a 'trading as' account? the amounts aren't enormous but it's a matter of principle, they shouldn't be allowed to get away with it. could say more but would be defamatory, so will save it for court!

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it's a nightmare! in getting away from the first trust we set up company/personal accounts elsewhere - all so far, so good - and transferred our household account (all direct debits) to an existing, virtually unused account elsewhere. didn't A STRANGER WITH A SIMILAR ACCOUNT NUMBER just set up not one but THREE direct debits on our account, in the first month (march) that it was being 'used'?!!! it took about 10 phone calls to sort it out last week, but the good news is that it was only some clampet, not an identity thief.

they refunded the money within 48 hours, but we've had nothing in writing to outline what happened, reassure us etc (we only found out when the bldg soc dishonoured a DD!). due to "special circumstances" they won't be charging us the £30 the unpaid DD should have cost - but what about my time and the inconvenience?!! thankfully card provider agreed to waive the £25 charge... don't want to seem militant, but don't think this is acceptable either.

at least it is free to set up and cancel dds with the bldg society - £4.50 to set up and £8.50 to cancel DDs with first trust!!!

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just read the above and it's clear as mud - someone else set up three unauthorised dds on our account, which meant that my figures were out, which meant that there wasn't enough money in the account to pay one of our dds, which was returned unpaid - when i became aware of this, i checked the account to find the other debits! shocking, isn't it?!

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Just wonderin if anyone has checked the delivery of recorded letters to first trust on Royal Mail's site, as I have sent 4 letters to first trust, none of which have regestered on Royal Mails site. However I know for a fact at least two of them have been received by the bank. Trying to figure if they dont sign for their recorded mail????

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hi everyone,

i've been reading the posts on first trust with interest,i had a buisness account with them which has since been closed and i know that because the account wasnt controlled properly i ran up a lot off charges.do you think if i send them a dpa and a cheque/postal order for £10 recorded delivery will they still send me all my charges.i have some of the old statements but not them all.does it matter if its sent to the local branch or a head office?cant wait to get the ball rolling and see what happens.

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as long as you follow the correct procedure that you find on here they have to send you your info. as for getting your money back well that takes a bit longer with th FTB they like to stretch it out a bit.lol

regards john.

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i sent dpa request to local branch, it was forwarded to head office. use letters from the template section (i first wrote and asked for details of charges and got reply that these had been notified to me at the time) - you need to use the terms "subject access request" and "data protection act" and they'll know you mean business.

good luck to you!

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sorry for hijacking your thread but just for your info there are 2 cases up against the First Trust in court TODAY! one is a personal and one is a business account, as of yesterday FT hadn't setteled and had filed a standard 'you agreed to the terms when you opened the account' defence.

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Just wonderin if anyone has checked the delivery of recorded letters to first trust on Royal Mail's site, as I have sent 4 letters to first trust, none of which have regestered on Royal Mails site. However I know for a fact at least two of them have been received by the bank. Trying to figure if they dont sign for their recorded mail????

Yes, i have had that problem too,.What it also means is that you can claim for the non-delivered post.Royal mail are of the opinion that it would be very unlikely that theeir staff would not be updating thewir records as they should.(lol aye right)

By any chance is this a town in Tyrone with a very long street?

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Not sure what you mean by Tyrone. I have now sent 5 letters to First Trust, none of which are showing on Royal Mails tracking system, 3 of them have definately been received as a postal order (crossed) has been cashed and I have had a response to another two!

I am assuming that the bank is in receipt of a lot of mail on a daily basis and simply doesnt sign for the recorded items. Is there any way of claiming from Royal Mail for not upholding their service, after all that is what the extra cost of postage is for, to ensure a signature and be able to track the letter?

As far as my letters are concerned Royal Mail think they are are lost, when told about the ones I know have been delivered, they say maybe the paperwork has been misplaced, what am I meant to do? Really don't want to let them away with it as it makes my dealings with the banks a littlke trickier.

Furthermore if your mail is in fact lost Royal mail will only refund the actual loss (up to £32) of what was sent, which is less than what they compensate for late mail, which again doesnt make sense, as at least late mail gets there and tou dont have to re-type letters, aquire another postal order, chace the first postal order and stop it, resend letter etc.

Quote from Royal Mail's website:

"Has your mail item arrived five or more working days after it was posted?

If so, your mail is classified as ‘delayed’, and we’ll give you compensation of 12 First Class stamps. If you provide additional evidence of delay and your claim for compensation is accepted, you will be sent a cheque for £5, or for £10 if your item has suffered substantial delay (i.e. was delivered more than eleven working days after the day of posting') and you provide additional evidence or proof of delay."

Sorry about the length of this post lol, i've got it off me chest now!

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The Tyrone reference was because I had sent original letters to local FT branch, and they havent been on track and trace, so I thought it was a local problem.

I wonder if other Norn Iron bank customers are having this problem or just First Rust?

Hmm wonder if there is a deal between FT and Post Office here, so that we cannot prove letters ever actually senT???

Makes ye wonder??

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just an update on one of the caes that was up today, basically FTB said they haven't had time to prepare a case (yeah right) and got it adjourned to 14th May, the judge has stated he wants full evidential disclosure from both side but has also said that he would not expect the bank to give a breakdown of charges. He also implied that he wanted a mutual agreement to be reached before the court date.

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Hi

 

Just reading some of the threads regarding recorded mail to First Trust. I know that all there mail is diverted from the local branches and sent to a central head office. eg If I post something for the Holywood branch, they will not receive it. First trust pay for a divert service in which the mail is put into an envelope and diverted to, i think it is ann street. So if the recorded items are going through the system they are being placed in a sealed envelope and diverted. That would explain why they are being received and not signed for. The best thing to do would be send the letter special delivery as this would not be placed in the envelope and would be signed for.

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Thanks for your input. However all my mail that I have personally sent, that haven't appeared on Royal mail's track and trace have indeed been sent to head office, Ann st. Do you, like me suppose that they are getting a lot of mail delivered, maybe in bags??? and therefore dont sign for recorded mail? If this is the case can Royal Mail not be claimed against for failing to fulfil the agreement of signature on delivery, considering that the extra cost charged for this sevice is specifically for a signature???

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  • 2 weeks later...
  • 3 weeks later...

Final Response from Ft today that they would be unable to refund my claim for "2837.50.

"the bank is entitled at all times to collect its fees as outlined in our Price List.In the circumstances we egret to advise that your complaint has been rejected...."

 

Case is already with Ombudsman, over the inordinate time which it took to respond.

With the other bank errors that I have uncovered amounting to some £16 odd grand, the bank are really going to look foolish.Am About to phone the ombudsman on this.

Has anyone elsr received this rejection letter?

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Spoke to ombudsman who are dealing with case.

I pointed out that they actaully publish these fees , includiing letter fees as penalty fees in thier terms and conditions and on website.

Ombudsman now dealing with this under FSA guidelines of Treating Customers fairly i.e they have offered "goodwill payments" to others but not me in similar complaints therefore not complying with above guidelines.

Also looking at the inordinate time taken to send this letter, which also contravenes above!!!!!!

Hope Ombudsman kicks their ass!!!

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