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      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.  

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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.

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First Trust Bank


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Hi Folks im new to this basically I had a business for almost 10 years and had a business ACC with FIRST TRUST i have been reading so many threads and i am soo confused!

 

Having a business ACC i had all my statements anyway but thought i would ring them to get a summary of all my charges but as usual there co-operation was poor:evil: , so i went threw all my bank charges and to my shock its almost 15GRAND CRIPES!!!!:shock: :shock: :shock:

 

So i sent the standard letter to the bank requesting this money be refunded to me! I got the usual bull***t letter from them it could take up to 8weeks! Basically im rather strapped at the minute well i mean pure skint and i was wondering how i could speed up this 8week (there timescale) and what would be the best line of attack CIVIL BILL several small claims for under 2grand each???????

 

Any suggestions welcome PLEASE HELP

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yes no problem just write back to them and tell them they have 14 days to comply or its off to court. be warned though the FT arent the fastest at settling and will drag it out to the max. im claiming something similar to yourself and its taking forever.

regards john.

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just checked my post there now got a letter from our beloved (DONT TRUST) sorry first trust!!!! We refer to your correspondence in relation to charges on your account. We wish to advise the situation is still under investigation by this Department and we hope to be in a position to respond to you within the next four weeks. IS THIS THE USUAL FOB OF TIME WASTING BULL THAT ALL (DONT TRUST) CUSTOMERS ARE GETTING???

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well my civil bill was served in march and it has been bouncing about ever since. like i said they stretch it out to the limit. send your 14 day letter right away you might as well get the ball rolling you will have to go right to court with them any how.

regards john.

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s¬ince march thats crazy i take it you have all your court bundle ready and all? How much is it to serve a civil bill here in norn iron? Have you a court date yet? It seems to me that people here in norn iron are not claiming against the banks like our neighbours in the mainland!

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my goodness John is it going to be that long??? Well i suppose £140 is well worth it! Tell me this is it true that as soon as you lodge a civil bill that the banks have to pay interest on top of the interest we are already claiming for on a daily basis before it reaches the court stage(compound interest)???? If so thats an awfull lot of interest on 15grand

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hey john, how do you go about launching a civil bill...? i have processed using small claims before now but have a claim now thats too big....do you need a solicitor or can you lodge it yourself?

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hi folks

been reading all the comments on Dont Trust (I really like that one!!!) i mean first trust!! Theyve now had the full 8 weeks to decide (well its up tomorrow) so i phoned on Tues to see wat craic was. Girl on phone was pretty pleasant and said final response was being issued that day and I should have it either wed or thurs. really peeved cos its still not here in this mornings post. am sure its gonna be a refusal but i asked girl if there was any point in me phoning after i get it if it is a refusal to pay up. she said yes u should call and let us know IF you re not happy. I'd be really keen to have a copy of those terms and conitions where they call it penalties. Anybody know where i could get my hands on a copy?? i am winging my way thru this all completely but maybe if i quote the t & C it might let them 'think' i've done my homework!!!!

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maryspecial yeah definately seen the T&C in a thread i read yesterday somewhere i will try to find it again and post it here! I wouldnt be holding my breath to be honest on having an offer of any substancial amount thats if they offer ye anything cause there all a shower

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here ye go maryspecial gor it of someone elses threadI have copied T&C s below so you'll understand what I mean. Any adviced would be greatly appreciated!!!!Next Steps:>> For more information on our Fees & Charges> • Call into a branch> • Or call us on: 0800 389 6218>> Related information:>> • A Guide to Fees and Interest>> Effective from 31 August 2004.>> Our newly revised price list will give you all the information you > need to manage the cost of maintaining your account and keep you in > control of your finances. You'll find details of all our standard > prices for the most commonly used banking services and facilities > below. If a price is not given for a service you wish to use, please > ask us and we will give you all the details you need.>> All fees are subject to change in the future.>> > Daily Banking Fees> Current Account/Current Extra Account> These are calculated at the end of February, May, August and November > and are applied in early April, July, October and January.>> Customers who maintain a cleared credit balance in their account > throughout the entire quarterly fee period will be exempt from daily > banking fees.>> If you do overdraw at any time during the fee quarter, even where the > overdraft has been pre-arranged, the relevant fee will be applied > against all transactions conducted during the quarter.> Transaction Fees:> Lodgments> Free> Cheques/Manual debit transactions> £0.59 each> Standing order debits> £0.59 each> Automated debit transactions (Online/Phoneline/Visa Debit/Direct > Debit/Banklink withdrawals+)> £0.43 each> Account maintenance fees:> Current Account> £7.50 per qtr> Current Extra> £7.50 per qtr> Packaged Account / Bonus Account> No transaction fees are payable on these accounts but maintenance fees > will be deducted as follows:> Packaged Account> £8.00 per month> Bonus Account When in credit> £2.00 per month> Bonus Account When in debit> £8.50 per month> Only one maintenance fee will be applied in any calendar month.>> Ancillary Service Fees> These are applied at the time of transaction. Unless otherwise stated > the following fees are quoted on a per item basis.> Arrangement fee for borrowings> Overdraft (New & Renewal)> 1% of agreed facility (minimum £30.00) Variable Rate Loan 1% of agreed > facility (minimum £55.00) Fixed Rate Loan 1% of agreed facility > (minimum £55.00) Bank Drafts (drawn in sterling) £10.00 Certificate of > Balance/Interest* £10.00 Certificate of tax deducted (Inland Revenue > form S352) No charge Cheques sent for Collection/Special Presentation* > £12.50 Credit Transfer £7.00 Direct Debit set-up* £4.50 Duplicate > Statements £10.00 per page Inter-bank transfer of funds Same day value > CHAPS out £25.00 Same day value CHAPS in (payments greater than £100) > £6.00 Same day value CHAPS in (payments of £100 and under) £2.00 > Replacement of Banklink card/Debit card/Cheque card* £8.00 Replacement > of Passbook £6.00 Retrieval of cheque / payee details £10.00 per > request up to a maximum of 5 cheques.> Safe Deposit Facilities (charged annually in arrears) ++ Sealed > Envelope £25.00 plus VAT Box or Parcel £50.00 plus VAT Safe Deposit > Access £20.00 plus VAT per transaction Standing Orders> Set-up/Cancel*> £4.50> Amendment*> £4.50> Status Enquiries Answered*> £10.00 plus VAT> Stop Payment Instruction (Direct Debit/Cheque) £8.50>>> * Packaged Account holders are exempt from these fees.>> ++ Please note this is a discontinued service and is only available to> existing customers of First Trust Bank who already avail of safe > deposit facilities.>> Penalty Fees> Letters re Unauthorised Borrowings/Account Conduct £13.00 Referrals > £14.00 per excess Unpaid Items Drawn on customers account £38.00 > Collected on behalf of customer £6.00>> Encashment of Cheques>> Where a cheque drawn on a customer's own non First Trust Bank Account > is encashed, the following fees will be levied.> Cheque drawn on other Northern Ireland Banks £2.00 Cheque drawn on > English/Scottish Banks £5.00>> Security Fees>> Security fees apply to secured borrowings. The fee will vary, > depending on the security taken, it will be advised at the point of > negotiation or sanction.> Full details are available from any branch.>> Excess Interest (also known as Unauthorised Interest)>> Accounts with Agreed or Expired Overdraft Limits If you exceed an > existing overdraft facility you will be charged excess interest on > that portion of the overdrawn account balance, plus any uncleared > funds which are in excess of the agreed facility. If your overdraft > facility has expired you will be charged excess interest on the > overdrawn account balance, plus any uncleared funds.>> Excess interest, where it applies, is calculated at 1% per month > (minimum of £2 per month).>> Accounts with no Agreed Overdraft Limit If your account goes overdrawn > without you first having received agreement from the Bank, you will be > charged the Bank's standard rate of interest appropriate to > unauthorised (without limit) debit balances*. In addition to this you > will be charged excess interest on the overdrawn account balance, plus > any uncleared funds.>> Excess interest, where it applies, is calculated at 1% per month > (minimum of £2 per month).>> * Information on our standard rates of interest are available on the > notice boards within all First Trust Bank branches, on our website and > from our helpline on 0800 3896218.>> Clearance of Cheques and Automated Payments.>> The Central Clearing Cycle for the banking industry normally takes 3 > working days. Refer to APACS or ask at your First Trust Bank branch > for further detail.>> Our clearing process for First Trust Bank cheques can take up to 2 > working days, after the day the cheque is paid into the account, > whilst cheques drawn on other Northern Ireland Banks may take 4 > working days. Cheques drawn on banks in Great Britain may take one > additional working day. These timescales are subject to the cheque > being lodged before the branch closure time of 4.30pm.>> Clearance of Cheques>> All cheques lodged to your account have to go through a process known > as the clearing cycle and will be treated as "uncleared funds" for a > period of time, depending on the bank on which the cheque is drawn.> The "uncleared period" reflects the time it takes to obtain payment > from the branch of the bank on which the cheque is drawn. During this > period, if you draw against the uncleared funds, interest may be > charged. The rate of interest applicable will depend on whether you > have an overdraft facility to accommodate the payment.>> The following table indicates the day on which your cheque will clear > for withdrawal purposes and the day on which your funds will start to > earn interest. The days refer only to working days and do not include > weekends or Bank Holidays.> The day cheque paid into account> The day funds become available for interest calculation purposes The > day funds become available for withdrawal at a First Trust Bank Branch > First Trust Bank Cheques Day 1 Day 2 Day 3 Other Northern Ireland Bank > Cheques Day 1 Day 4 Day 5 Great Britain Cheques Day 1 Day 5 Day 6>> Example>> First Trust Cheques:>> A First Trust Bank cheque lodged to a First Trust Bank account on a > Monday is normally available for you to withdraw on a Wednesday > morning. Once we have collected the money from the branch stated on > the cheque it is cleared for the purpose of calculating interest, if > applicable. Therefore a First Trust Bank cheque lodged on a Monday to > a First Trust Bank credit interest bearing account, will normally > start to earn interest (or reduce the overdrawn balance for interest > purposes on any current account) on Tuesday.>> Cheques drawn on other Northern Ireland banks:>> A cheque drawn on another Northern Ireland bank, lodged to a First > Trust Bank account on a Monday is normally available for you to > withdraw on a Friday morning. Once we have collected the money from > the bank stated on the cheque it is cleared for the purpose of > calculating interest, if applicable. Therefore a cheque drawn on > another Northern Ireland bank, lodged on a Monday to a First Trust > Bank credit interest bearing account, will normally start to earn > interest (or reduce the overdrawn balance for interest purposes on any > current account) on Thursday.>> Cheques drawn on a bank based in Great Britain:>> The timeframes for a cheque drawn on a bank based in Great Britain > will take one day longer than a cheque drawn on a Northern Ireland > bank, as detailed above. Once we have collected the money from the > bank stated on the cheque it is cleared for the purpose of calculating > interest, if applicable. Therefore a cheque drawn on a bank based in > Great Britain lodged on a Monday to a First Trust Bank credit interest > bearing account, will normally start to earn interest (or reduce the > overdrawn balance for interest purposes on any current account) on > Friday.>> As described above, one working day after the clearing period, for > interest calculation purposes, may be required in order to cover the > possibility of the cheque being returned unpaid to First Trust Bank - > for example where the writer of a cheque does not have sufficient > funds in their account. Your branch will advise you if this happens > and the value of the cheque, together with the cost of handling the > unpaid item, will be charged to your account immediately.>> The timescales given in these examples are for guidance purposes only > and illustrate when we aim to make the funds available to you.>> NOTE: In exceptional circumstances a cheque can be returned unpaid > outside of the clearing cycle outlined above.>> Clearance of Automated Payments>> A Standing Order is an instruction to debit your bank account and > credit another bank account through the BACS system. Two working days > are required for the funds to reach the nominated account e.g. funds > debited from your First Trust Bank account on a Monday by way of > standing order will be credited to the recipient account on Wednesday.> However, if the recipient is a First Trust Bank account holder within > the same branch the funds will be credited on the same day. For all > other transactions, including where the recipient is a First Trust > Bank account holder in another branch, the process takes two working > days. Upon receipt, incoming standing order credits are immediately > cleared for withdrawal and will start to earn interest, if applicable, > the following working day.>> Funds can also be credited to your account by incoming automated > transfers such as salary/pension credits or standing orders. When a > credit is made using this method, you will normally have to wait until > the third working day, from the day the paying bank initiates the > payment, before the funds are received into your account. Upon > receipt, incoming credits are immediately cleared for withdrawal and > will start to earn interest, if applicable, the following working day.>> Clearance of credits by First Trust Bank Online/Phoneline Banking>> First Trust Bank customers can transfer funds, using both First Trust > Bank Online Banking and First Trust Bank Phoneline Banking between > accounts registered for these facilities. Funds transferred between > First Trust Bank accounts are cleared for funds immediately and if > applicable, will start to earn interest the following working day. In > cases where the nominated account is not held with First Trust Bank, > it may take up to three banking days to complete the transfer of funds > using the bill payment or the funds transfer facility. The cut off > time on banking days is 6.00 p.m. G.M.T. Transactions carried out > after this time will carry forward to the next working day.>>> Cash Machine Withdrawals>> Cash can be obtained from Cash Machines in the UK. Withdrawals from > Cash Machines, other than those operated by First Trust Bank, may be > subject to a cash-handling fee levied by the Cash Machine operator.> You should be advised of such fees during the course of making a > withdrawal and given the choice of cancelling the transaction.>> + Banklink / Visa Debit Withdrawals from Cash Machines> In addition to the account transaction charge for Banklink/Visa Debit > withdrawals, using the card to withdraw other currencies will attract > the following fees:>> Banklink withdrawals from other Cash Machines in Republic of Ireland > and EURO dispensing Cash Machines in Northern Ireland and Great > Britain.> Your Banklink card can be used to withdraw EURO currency at Cash > Machines of AIB Bank, Bank of Ireland, National Irish Bank and Ulster > Bank in the Republic of Ireland. Your Banklink card can be used to > withdraw EURO currency at designated EURO dispensing Cash Machines in > Northern Ireland and the UK. In both cases the amount will be > converted at an exchange rate determined by AIB Bank and will be > subject to a currency conversion fee of 2.21%.>> Banklink withdrawals from other Cash Machines in Europe and the rest > of the World Your Banklink card can also be used to withdraw foreign > currency at Cash Machines displaying the Visa Plus logo. The amount > will be converted at an exchange rate determined by Visa International > and will be subject to a currency conversion fee of 2.00% for > transactions in US or Canadian dollars, 2.25% for transactions in > EURO, and 2.50% for transactions in all other foreign currencies. A 1% > cash-handling fee (minimum £1) will be applied (except for EURO > withdrawals) and charged separately.>> Visa Debit withdrawals from Cash Machines in Republic of Ireland and > EURO dispensing Cash Machines in Northern Ireland and Great Britain > Your Visa Debit card can be used to withdraw EURO currency at Cash > Machines of AIB Bank, National Irish Bank, and Ulster Bank in the > Republic of Ireland. Your Visa Debit card can be used to withdraw EURO > currency at designated EURO dispensing Cash Machines in Northern > Ireland and the UK. In both cases the amount will be converted at an > exchange rate determined by AIB Bank and will be subject to a currency > conversion fee of 2.21%.>> Visa Debit withdrawals from other Cash Machines in Europe and rest of > the World>> Your Visa Debit card can also be used to withdraw foreign currency at > Cash Machines displaying the Visa logo. The amount will be converted > at an exchange rate determined by Visa International and will be > subject to a currency conversion fee of 2.75%. A 1.5% cash-handling > fee will be applied (except for EURO withdrawals) and charged > separately.>> Cash obtained from non-LINK Cash Machines in the UK will attract a > 1.5% cash-handling fee.>> Visa Debit Purchase Transactions and Manual Cash Advances>>> Visa Debit card purchase transactions and manual cash advances in all > foreign currencies will incur a 2.75% currency conversion fee, > included within the foreign exchange rate applied to the transaction.> A 1.5% cash-handling fee will be applied to all manual cash advances, > including sterling, and charged separately.>> A guide to Fees and Interest is also available in our Related > Information Section.>> Back to top> >> First Trust Bank is a trademark of AIB Group (UK) p.l.c. incorporated > in Northern Ireland. Registered Office, 4 Queens Square, Belfast, BT1 > 3DJ. Registered Number, NI 18800.>>> First Trust Bank subscribes to the Banking Code and is covered by the > Financial Ombudsman Service. Details of the Banking Code are available > on request from any First Trust Bank branch or from the Banking Code > Standards Board>>> IMPORTANT: Before entering this site please take time to read our Site > Legal Notice and Privacy Statement. By proceeding further you are > deemed to have read and accepted our Site Legal Notice and Privacy > Statement.>>> The information regarding the products and services contained on the > following pages is intended only for the residents of Northern > Ireland. If you are not a resident of Northern Ireland it may be > unlawful for you to receive this information.>>> We recommend that you use Microsoft Internet Explorer 6+ or Netscape> 7+ to view this site.>> AIB Group | Site Legal Notice | Privacy Statement | Security Policy | > Interest Rates | Fees & Charges | Environmental Policy | Contact Us > | Accessibility This email and any files transmitted with it are > private and intended solely for the use of the individual or the > entity to which they are addressed. If you are not the intended > recipient the email and any files have been transmitted to you in > error, and any copying, distribution or other use of the information > contained in them is strictly prohibited. Nothing in this email > amounts to a contractual or other legal commitment on behalf of DRD > Water Service. You are advised that both incoming and outgoing emails > may be monitored and recorded.> Whilst we have taken reasonable precautions to ensure that this email > and any attachment has been checked for viruses, we cannot guarantee > they are virus free and we cannot accept liability for any damage > sustained as a result of software viruses. We would advise that you > carry out your own virus checks, especially before opening an > attachment. This email and any files transmitted with it are private > and intended solely for the use of the individual or the entity to > which they are addressed. If you are not the intended recipient the > email and any files have been transmitted to you in error, and any > copying, distribution or other use of the information contained in > them is strictly prohibited. Nothing in this email amounts to a > contractual or other legal commitment on behalf of DRD Water Service.> You are advised that both incoming and outgoing emails may be > monitored and recorded. Whilst we have taken reasonable precautions to > ensure that this email and any attachment has been checked for > viruses, we cannot guarantee they are virus free and we cannot accept > liability for any damage sustained as a result of software viruses. We > would advise that you carry out your own virus checks, especially > before opening an attachment.

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thanks iwillgetyoubackfirsttrust and bally35!! copied them out. would i need a printed leaflet do you think or can i just use info uve sent? i will let u know 2moro if i get my letter - no doubt i will be :-x cos as everybody says .....theyre a shower .......!!

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well folks

the BIG letter arrived today - surprise surprise - :mad: A BIG FAT NO :mad: GREAT!!

Not surprised but there was always a wee hope that i'd be on lying on holiday this year knowing that First Trust had supplied my spending money but hey what the hell. just need to work out where to go next - court or ombudsman? wats the latest advice do you think? ombudsmans a bit slow but saves me going to court where i dont have BALDY wat i'll be doin!!:mad:

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Aye Mary,

I think thhat their reasoning is that if ypouu have waited until their imposed time limits, that you are not really serious.

I went down the FOS route, and my case is now with adjudiicator, and will be in touch by 12/07/07.

It will be my flippin luck to be the first person where the Fos has had to actually make a decision on penalty charges.

Up to you what way ye go with it, The court system now seems to be prestty bunged up as well.

My letter went of to Ombudsman at the beginning of May, so am quite surprised at acutually jhow quick it haas reached this stage.

Hopefully this will be a positive result and I can start to do some work needed on y house to make life more pleasant for myd disabled daughter!!!!!!!!

The way in which First Rust have handled their complaints procedures, has really opened my eyes !!!

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that is pretty quick!! not sure what to write to ombudsman tho - i went to them a couple of years ago re my endowment and lost !!! so would like to make sure im getting it right. feelin really peeved with them all. but would still rather avoid court- as u say they probably know that. i was gonna call them later and inform them of my intentions and quote the penalty fee thingy but as im not up to speed with the proper lingo im afraid to mess it all up!!

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ok - not giving up on this one - (tho i really think i need to get up of my ass and get some work done - this is all keeping me back so much!!!)anyway im just off phone to general consumer council and have decided that is the route to go - might take a bit longer but with the court system so bunged maybe not. guy on phone really helpful - he said that the FOS route is proving very successful because the banks will not provide any info to them and we basically win by default!!! WISH ME LUCK!!!

Keep me posted how u all get on!

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Hi Mary (no relation of duke are ye?)

I received that letter from adjudicator yesterday, so am hoping that FT wil respond favourably and that I should get an offer within the next few days.

I complained about my wee firms business account last Monday to Northern and will get offer today (unless its 95% or above) he can clear off.

Just goes to show the difference in the ways that Northern Irish Banks are treating this!

Good luck with it all, and perservere.Be thran

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"thran" now theres the ballymena coming out in you now bally.lol. hope you get the decision you want but i wouldnt hold my breath i cant see it being that easy or everyone would be flooding down that road. Still its worth a try anything is better than court although i cant see it getting that far.

regards john

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Well I am going to give this a go.Apparently the FOS have not had to adjudiacte on any cases yer.As sson as a formal investigation is launched (the stage mine is at) the banks then pay up.

They have asked First Trust for quite detailed information regarding how they have come up with £13.00 for referral charge.

If the FOS are unable to get my penalty charges back I will take it to court.

Oh and by the way I'm not from Ballymena.lol.

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aye bally35 - not from ballymena heh??!!!! I hear ya!! and im not related to duke either!! LOL!!! anyhows back to the oul FT - i sent my initial letters to them based on templates from moneysavingexpert.com now i don't know what to write to FOS. I am very conscious that i could trip myself up in the lingo ie referral charge v fee v penalty etc. any advice on the wording of the letter to the FOS?

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