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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.
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      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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oh yes noomill.

With the benefit of my six years statements I have uncovered some VERY SERIOUS bank errors.

One which completely wiped ou 32 months mortgage payments £13426.00

nad another which has messed up Mortgage Pymant Protection £2596.00.

The bank, who have always been so nice to me in past are starting to get shirty, which the ombudsman has also been advised of.

Also Ombudsman complaint in about misselling PPI

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Oh I am so mad.

Will be contacting General Consuer Council today and hopefully try and get some press involvement over the, we complain, they get shirty.

Also on the amount of mistakes made on accounts, which they are refusing to comply with the dirct debit guarantee scheme.

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dave, my case in craigavon was adjourned, the NI judges have decided that a test case will be heard in belfast before any others will be heard. they will try to adjourn the case to wait for the oft report. my judge told me that judges had decided to proceed without the report so argue against that, you will likely succeed. don't expect them to settle outside, they may do as they know the judges want a test case and have specified belfast for this. please let us know what happens, pm me please my case is posponed on this basis if they settle that will give me something to write to my judge about.....

 

good luck, don't panic, the judge will want to make a judgement and will help you through the trial to make your case. they have more to lose than you. they are in the wrong, be confident and smile when the ft solicitor speaks to you.

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  • 2 weeks later...

I'm so glad i've found this thread.

Thought I was ploughing a lone furrow against First Trust in Norn Iron.

Now seems there are a few other people getting the same responses.

Have to decide now whether we go to small claims / financial ombudsman or give up.

We've claimed for referral fees, the quarterly penalty fees they charge when you go over overdraft (sometimes due to referral fees), and arrangement fees.

Not sure about arrangement fees they are £25 or £30 but not sure what these are for.

Anyway, if we go to small claims then do we try to argue the case that the fees are unjustified. What can we use for evidence (watchdog programs, reports etc)?

What is the First Trust defence? Do they have to prove that a referral actually costs £14? Read here somewhere that the judge wouldn't ask them to do this. Does he just take their word?

The letters we have sent have started Nov 2006 so we are claiming from Nov 2000. If we get a court date do we have to adjust the claims so that it is 6 years back from the date of the court appearence? (say court date is June 07 - does that mean we recalculate fees from June 01?).

We are going to a solicitor on Mon so we need to prepare a case if we are going to court (it's free with the union).

Also need to know that what I am claiming is valid. Should I keep the claim as it is and let the bank argue the different charges in court or should I remove some of them before I start (not sure what we can claim for).

Also if the OFT say a figure of £12 is acceptable will the bank use this in court and we will only be awarded the difference of any fee - £12?

Sorry for all the questions I am a novice so info gratefully received.

Best of luck to everyone on their claims.

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  • 2 weeks later...

Thanks noomill060, will do it this week. I know they have paid out before so how can they still try and get away with not repaying the charges. Surely if it gets to court the fact that they have settled other claims should have an impact on any decision. I take it they are just trying to put as many people off as possible. There must be thousands of people now looking their money back from them.

 

Sadie

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  • 2 weeks later...

I tried last year 2006 to reclaim bank charges from First Trust, only I did not take them to the small claims court.

 

I am back on their case this year 2007, this time I am very willing to go the full distance and take them to the small claims court.

 

Please any help would be welcome...........

 

I have sent new letters requesting First Trust Bank to pay back all my unfair charges of £1995.00 over the past 3 years.

Got reply 2 days later saying they are looking into it.

 

I sent First Trust Bank the next request that if I did not get the charges I will be taking them to the Northern Ireland Small Claims Court.

 

This time they waited the full 14 days until I got a reply HELP

 

Dear .........

 

We refer to your complaint dated 16 may 2007 which requests a refund of al defult charges that have been applied to your account.

 

You had already requested a refund of charges in July 2006 and we fully investigated your request subsequently issuring our final response on 28 September 2006 To allow us to deal with your complaint dated 16 may 2006 can you please provide details of how this differs from your original complaint in july 2006.

on receipt of this information we will be able to progress the mater further.

 

Yours sincerely.

 

HELP NEEDED

WHAT SHOULD I DO NEXT ?

ANY IDEAS FOR A TEMPLATE LETTER WOULD BE WELCOME THANKS.

LSMMCD1

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i'm waiting to hear from f.t. - got standard letter saying ANOTHER 4 weeks so i sent them letter saying i felt another two weeks was plenty i.e. 6 weeks from original. That two weeks is up tomorrow - now have to decide what to do. feelin a bit worried after reading all these posts.seems obvious now that they'll refuse to pay up easily. hate the thought of having to go to court over it - small town - would die if local papers made big deal. does anyone know how system works? i've been dealing with L.Whitsitt in Blefast HQ so thinkin maybe its done through belfast courts etc.or does it go thru one local to me. also i havent a clue what to say or use as evidence etc etc. really dont want to give up as i've heard of a cuple of people who've won over past couple of months but it takes GUTS to go thru with it!!!

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Hi All,

hope someone can help me from here..got my charges back from first trust last week and from 2002 to last year when i closed the account they amount to £2544 Just to add at this point this was a buisness account.some of the fees were for £11 up to 25/9/02 then changed to £12, on the 8/9/03 they changed again to £13.most of the charges are referral charges with a few letter charges.i have noticed quite a few times when they have charged me this referral fee up to 4 days in a row making that £52 a week in some cases other times 2 to 3 referral charges a week.does anyone know if these charges are deemed fair enough because i have read that others were charged £38 and if not what is my next step.also has a test case ever been heard yet and does anyone know the outcome...many thanks......

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no none of these charges are fair and are all reclaimable including letter fees. and in answer to your second question a test case hasnt been heard in ni and not looking likley at the minute.

regards john.

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Hi John,

thanks fo reply,i will now start the long haul against first trust and try to retrieve my hard earned cash.its looks as by other posts it wont be easy.can you please advise as to the next step should a send template as below http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

many thanks

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hi sparky

yes just send the standard letter but dont forget to leave out any of the bits in red if they dont apply to your case. you only need to worry about interest when you get to the claim stage.

regards john.

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I received my refusal letter last week. They state that all charges are in line with their account conditions and advised me to contact the ombudsman if I am not happy. They owe me approx 2000. Has anyone else got beyond this point?:sad:

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Yup, File from bank was received by ombudsman on 05/06/07, now awaiting to go to adjudicator.

With the luck Ive been having this will be the first case actually judged on by Ombudsman.

But had foresight to include First Trust t&C which actually refer to charges being penalties (hee hee hee)

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Yeah John and I know that you may be looking copies of these.

Am determined to get all of this back and have spread the word.

Two busineeses I know ahve just being sucessful in getting £20,000 back rom Northern Bank

Colleagues in process of claimig £1500.00 back from Ulster Bank and other colleague has ssent SAR.

My very own and possibly more successful of the General Consumer Council.

Have asked all thise winning to make a donation here

(KINDA DISAPPOINTING THAT MY OWN IS SUCH A HARD SLOG THOUGH)

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