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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.

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      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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Abby -v- First Direct | Settled Iin FULL


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I have requested all my statements from First Direct and got them (via DHL and did not pay a penny for them), I totalled up the amount and wrote to them asking for the money back and got a refusal, I am now about to send a letter saying I will take them to court if they do not pay me.

 

What I would like to know is does it make any difference if I closed the account? I had the account from August 2000 to June 2003 but could not keep going with the high charges and they would not let have a large overdraft so I swapped banks to one with a higher overdraft. Will this make a difference?

 

Thank you

 

Abby.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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No it doesn't make a difference.

 

Please read the FAQs there is a lot of information in there.

  • Haha 1

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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signs060.gif

 

Makes no difference what so ever... They've still effectively taken your money. It's still yours to get back...

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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Thanks for the welcome.

I have found the FAQ's you were referring to, I originally thought you meant the user maintenance ones and wondered what on earth that had to do with anything!

Abby

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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I think I have miunderstood something here. I received my statements from First Direct and totalled up that I have paid them £1806.50 and I wrote to them with the prelim and LBA. However, reading the other threads (to which I am quickly becoming addicted) and FAQ's I believe I can claim interest as well. I understand I cannot charge the 8% interest unless it goes to court but am I right in thinking I can charge interest on the charges?

If so, do I need to start the whole process again or just work it out correctly and sue for that amount?

Cheers

Abby.

  • Confused 1

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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From what you have said you look like you have done everything right so far .Yes,you only need to claim the interest when you start your claim so until that point you don't need to work it out.When you start to put your claim in there is a spread sheet to help you.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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I think I have miunderstood something here. I received my statements from First Direct and totalled up that I have paid them £1806.50 and I wrote to them with the prelim and LBA. However, reading the other threads (to which I am quickly becoming addicted) and FAQ's I believe I can claim interest as well. I understand I cannot charge the 8% interest unless it goes to court but am I right in thinking I can charge interest on the charges?

 

If so, do I need to start the whole process again or just work it out correctly and sue for that amount?

 

Cheers

 

Abby.

 

There is a lot of discussion as to the possibility of adding the interest charged on the charges... however it would appear to be untested as of yet (although I would be very happy if someone could prove me to be wrong in this)

 

In your position if you are happy with the way these are calculated and with the argument advanced to reclaim this then first things first I personally would probably do the calculation and see how much you are looking at reclaiming.

Most people on here do not bother as the amount may be negligible, the calculation not necessarily simple, and the arguments for and against a little convuluted.

 

For example IMHO the continuing interest calculation may be extinguished if the account goes into credit or partially extinguished if the balance goes above the running total of the charges...(if that makes sense!)

 

Although there is also the argument regarding 'unauthorised' borrowing by the bank of your funds...

 

If you decide these charges may be worthy of adding to your claim, then IMO it probably wouldn't be neccessary to go right back to the start, but perhaps giving them a further 7 days in a letter advising them of the amendment to your figures would be in order...

  • Confused 1

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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Thanks, I think this will get to the moneyclaim stage at least so I will add the interest on then.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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Ok - Not only am I unable to work out interest it seems I cannot tell the date either.

 

I sent my DPA letter on 14th May 2006 asking for 6 years worth of data what I got back starts from 18th August 2000, surely it should start from the 14th May 2000?

 

Am I wrong or just plain stupid?

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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Well, not stupid as such... But didn't you say you only had the account from August 2000?

 

Lord knows I don't like to side with the banks, but even I can't really fault them for not providing info going back BEFORE you actually banked with them...:D

.

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Oh dear, I am a complete nit.

 

Please let the floor eat me.

 

No wonder they got away with charging me so much for so long.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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:lol: :lol: :lol: :lol: :lol: :lol:

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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It does mean there is another bank out that owes me money though!! Lloyds TSB I am coming for two months worth!

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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Is this post of the month ? :D

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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I await my award and little icon that I can add to my posts! :)

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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Is this post of the month ? :D

 

I think it's a toss up between Abby's post and the one from the user who sued himself/herself!!!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Received letter today saying no way so I am starting my claim with moneyclaim. Unfortunatly I have forgotten my password and am now locked out for two hours.

 

That's what comes of too much red wine on a hot summer evening - a severe lack of abilty when it comes to remembering passwords.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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severe lack of abilty when it comes to remembering passwords.

 

And remembering when you opened your account! sorry, couldn't resist!

 

Keep us posted, good luck...not long now!!!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Okay - claim started today on moneyclaim. Who is it I need to PM the details to?

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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It certainly used to be just Dave or Bankfodder... Although a mod may be enough now...

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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Okay - claim started today on moneyclaim. Who is it I need to PM the details to?

 

PM to any mod or BankFodder.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 2 weeks later...

Acknowledged 20/6/06.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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WHOOOOOHOOOOOOO! Expect a letter from Dg Solicitors offering settlement in full on the proviso of confidentiality within the next week or so.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Not quite - received letter today offering me half and with a confidentiality clause. I will of course be rejecting thier kind offer and holding out for the full amount or my day in court.

First Direct - £2791.84 received in full and final settlement.

Cahoot - Agreed to settle for full amount of £2024

Abbey National - AQ questionnaire returned and 50% offered

Lloyds Bank - AQ questionnaire returned

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