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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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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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