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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
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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 
      • 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
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Bigdess v First Trust


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Hi

 

Looking at the ITN clip it would appear to be a play on words.So what is the definition of a fee and what is the definition of a charge.If you were to ask FT for a breakdown of their charges and the actual cost,what sort of answer would you receive.Also another interesting point the judge was unable to obtain Lloyds terms and conditions on their website.I hope this one hits the high court.

 

Bigdess

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Be prepared for the next letter to be . . sorry, bla bla bla, your charges are fine. your getting nothing. as soon as the time period lapses, file for court! that will wake them up!

MY CLAIM STATUS

FIRST TRUST BANK - Small Claims Court Case Filed

ALLIANCE & LEICESTER BANK - Preliminary Letter Sent

CO-OPERATIVE CREDIT CARD - S.A.R - (Subject Access Request) Letter Sent

MINT CREDIT CARD - SAR Letter Sent

CITI CREDIT CARD - SAR Letter Sent

CAPITALONE CREDIT CARD - SAR Letter Sent

VIRGIN CREDIT CARD - SAR Letter Sent

GE MONEY STORE CARD - SAR Letter Sent

 

No more Mr Nice Guy!!! :D

 

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I am heading in the direction of the local court house,application towards end of next week.What do I include in my application to the small claims court.And what rate of interest do I apply from the date of the 2nd letter asking for payment of charges applied to the account.Also I have obtained a copy of The Banking Code

 

We will deal quickly and sympathetically with things that go wrong and consider all cases of financial difficulty sympathetically and positively

 

This is in referance to the way I was treated by Mr Toner in April 2000 following the death of my Mother,my view is that he was in no way treating me with sympathey but was giving me a lecture on the state of my account and then telling me he didn't want any bad publicty.Can I refer to this in my case.

 

Also from 1987 myself and my father were in part time farming,during the period we had cattle hardships stared to surface with the introduction of the 30 month rule on cattle ie cattle over 30 months could not be sold into the food chain and had to go direct to slaughter.This was a result of BSE,the ban was introduced on 31st March 1996 and wasn't lifted until 11th November 2005.Needless to say by Nov 05 we had sold all livestock.During this period I found First Trust very unhelpful,this period was extremely difficult with regards to are finance.The more evidence I have the better,apart from trying to prove their charges as been unfair etc etc etc.

 

Bigdess

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  • 2 weeks later...

1) Have you done a table of your charges, the dates on which they were applied and the interest you have been charged on each, from the date they were applied until today?

 

If so, add the figures of your charges up (call this total A), then add up all the interest you've been charged. (call this total B)

 

Add total A and total B together. This is your claim amount.

 

How much is your claim amount?

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I am in the process of re calculating interest from date of charge to present.Interest has been calculated up to 23 rd April 2007 when the second letter was sent requesting refund of charges.Also I note today that cases are been thrown out at Hull.In light of this would it be prudent to write to my local MP/MLA outlining my situation.To be honest I am at a total loss.

 

Bigdess

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Re-calculate interest up to the day you intending lodging your claim.

 

Dont worry about the Hull and Birmingham cases. Hundreds of claims are being settled every day. Carry on regardless.

 

You can write to anyone you like, but the only thing you put in the post that will actually matter is your claim form.

 

I would advise you to lodge your claim by post.

 

You can get more info onto your claim form and send your Particulars of Claim and scheduel of charges all at the same time, but register with the NI Courts online Small Claim case tracking service at:

 

Northern Ireland Court Service

 

When you get your Small Claims pack (you get this when your claim has been registered and served on your victim) you will get a claim number.

 

You can then use this to access online services.

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  • 2 weeks later...

Contacted FT today was told I would receive their decision on Wed she went on to say that I would be susprised by the decision.I went on to explain that I intend taking the matter to the small claims court.She then told me I wouldn't need to do this.So I wonder what are they up to.

 

Bigdess

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Aye Big Dess, let us know how it goes, As you know mine is with FOS awaiting transferral to adjudicator.

Hopefully ye will get all your dosh back, and then I can wade in with you have refunded others, why not me?

Fair as per FSA rules? I think not

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FT really does **** me off. Why tell you things like this but with me, they sent me a letter telling me there charges were fair bla bla bla. So inconsistent. I'll be in the financial position in the next week to file for small claims to that should get the ball rolling.

MY CLAIM STATUS

FIRST TRUST BANK - Small Claims Court Case Filed

ALLIANCE & LEICESTER BANK - Preliminary Letter Sent

CO-OPERATIVE CREDIT CARD - S.A.R - (Subject Access Request) Letter Sent

MINT CREDIT CARD - SAR Letter Sent

CITI CREDIT CARD - SAR Letter Sent

CAPITALONE CREDIT CARD - SAR Letter Sent

VIRGIN CREDIT CARD - SAR Letter Sent

GE MONEY STORE CARD - SAR Letter Sent

 

No more Mr Nice Guy!!! :D

 

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Apparently their policy on refunding fees is to do with your "account activity" which basically means if you are a good customer we will refund you and if not bog off.

But given that their Customer Relationship Management sysyem , in my opinion has been so useless they caanot truly identify what a "good customer " is or if customers have a reltionship to other "good customers"

In my case , my father would be a good customer, but , now that branches have become so impersonal, it wasnt picked up on.

Lets just say he is non-impressed with the way I have been treated and is looking elswhere to bank.

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Well they are in for a shock a very sharp shock.I have to date been in contact with two MPs one of which is an MLA I have also filed a complant with FOS,included in all three is FTs terms and condition you know the one that states penalty charges :D :D :D The two MPs will be on FTs back at local branch level and their head office.I intend to drive these B------s has far as I can.If I get a result ie claim result/sucess I still intend to lobby every MLA until I get them to admit the true cost of their charges.I can assure you they won't forget me in a hurry.This is something that needs to go before the Assembly and it needs to be debated in the chamber.The big four in N Ireland need to be pulled before an Assembly select committee and grilled about their behaviour and the way they treat their customers. :D :D :D

 

 

Bigdess

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The main UK banks have been dragged in front of the Treasury Sub-committee and they basically told it to mind its own business.

 

Do you think the tuppence h'penny N.Ireland banks would have any more regard to questions from those tuppence h'penny glorified local counsellors at Stormont?

 

(Northern Bank would be a bit scared of the SF MLAs though, their friends allegedly having made a substantial unauthorised withdrawal recently)

 

:rolleyes:

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HI BIGDESS

i'm dyin to hear how u got on? any word yet? i called FT on tues and they said letter would be sent out that day. well i got it this morning - surprise surprise -:mad: A BIG FAT NO :mad: - great!

just need to work out what to do now. ombudsman v court? any advice folks? ombudsman is slow but saves me going down court route where i dont have a baldy wat im at? hope your letter brought better news than mine!!!

PS i'm a ex dpk customer too - good to hear they treat ALL their customers equally - BADLY !!!

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Hi Mary

 

I ve went down the road of The Ombudsman also have two MPs one of which is an MLA.So it should be interesting,the both of them won't take no for an answer and pretty quick at getting results.

 

Bigdess

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Hi Mary

 

Received letter yesterday morning it was the good old bog standard **** off your getting nothing letter.Well I was more or less expecting that anyway.Have already wrtten to ombudsman which I understand can take a lifetime,wonder can I still go down the route of the small claims court if the ombudsman is involved. You from DPK ?

 

Bigdess:mad:

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FOS route doesnt take as long as you think!

My case is currently at "formal investigation stage"- the point where other banks normally refund their unlawful charges.

So am awaiting anxiously for some kind of letter from First Rust..

Will let you all know how it goes.

Started complaint at beginning of May to FOS

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