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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Kohoutec v First Direct: - **WON**

kohoutec
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kohoutec

kohoutec

Posted
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Hi Guys

 

I'm about to start the ball rolling tomorrow with my DPA letter and will update here as it goes along. Im interested to know if anyone has had their FD account closed after getting refunded - I appreciate that some of you have signed a gagging order and so probably wont be able to comment, but if anyone is able to say I'd really like to know - my credit history in the past has been awful, and I could really do without having to open a new account elsewhere if possible!!

Cheers

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monkey_uk

monkey_uk

Posted
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Noone has, as far as I'm aware...

 

They may close your account, then again, they might not. If it can be proven that they have closed your account purely because of you taking legal action against them, you *MAY* have a case for redress.

 

Good luck with your claim, keep us posted!

  • Confused 1

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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kohoutec

kohoutec

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Had a letter to say my DPA has been received and my info is being sent out by courier at no charge, so things are progressing. Im interested to see just how many fees I racked up in 6 years!

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monkey_uk

monkey_uk

Posted
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Make sure you get up early!

 

I had DHL knocking on my door with my DPA stuff, at 06:50hrs. Lucky that I was just setting off out to work!

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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vix2000

vix2000

Posted
Posted

claim settled, account still open and OD facility not even taken away. (Not my acct so not signed anything.)

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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kohoutec

kohoutec

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claim settled, account still open and OD facility not even taken away. (Not my acct so not signed anything.)

Thanks for that vix, just the sort of thing I need to hear!

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kohoutec

kohoutec

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Got my account details today, just had a brief look through so far and reckon I can see about £1000 worth of charges!! Will be sending my letter asking for it back Monday morning registered post :D

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kohoutec

kohoutec

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OK just totted it all up using the spreadsheet and the grand total is £1680 before 8% interest and £2160.38 with the 8%. Quite a tidy little sum really! I noticed a few charges that just said "TARIFF FEE" for £5 each - I have no idea what these are so left them out to be on the safe side - out of interest does anyone know?

 

[edit] Interestingly, I've noticed that charges have been coming out on 25th Decemember - as Xmas day is obviously a bank holiday would it not go someway to prove that these charges are automated?

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JeremyKnowles

JeremyKnowles

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I noticed a few charges that just said "TARIFF FEE" for £5 each - I have no idea what these are so left them out to be on the safe side - out of interest does anyone know?

 

I had a few of these too, and realised it was during a period that they gave me an agreed (large) overdraft for 6 months and these were the fees associated with it in addition to the interest they were charging which I think is fair enough as I agreed that and i twas cheaper than a loan.

 

On mine, which I've nearly finished, I just added up the overdraft and excess overdraft fees, and ignored the interest and tariff fee.

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kohoutec

kohoutec

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OK, all seems to be going to plan, sent my first request off on monday and got the standard "we do not agreee yadda yadda yadda" letter today. LBA goes off on the 6th June :)

 

Just realised my LBA goes out on 6/6/6! Not sure if this is a good thing or not :D

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  • 2 weeks later...
monkey_uk

monkey_uk

Posted
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Excellent!

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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Spiceskull

Spiceskull

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Just realised my LBA goes out on 6/6/6! Not sure if this is a good thing or not
Good for you - not good for the bank. Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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monkey_uk

monkey_uk

Posted
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@VAN:

 

First Direct

40 Wakefield Road

LEEDS

LS98 1FD

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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kohoutec

kohoutec

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Got my reply to LBA yesterday, usually fob off. Claim goes in on tue 20th. Managed to go over my limit by £3 last month (first time in a long time) and the (edit) gits are charging me £75 for the privilege :-s Can i add this to the claim as a "pending charge"?

 

I was thinking about all this yesterday and realised that by applying their charges on the 25th of each month they manage to get them just before payday, which ups the chance of going overdrawn again from the charges. Coincidence? I think not!

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kohoutec

kohoutec

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OK Guys, today is the day to claim :)

 

Could some kind soul cast their eyes over the following and tell me if they think its ok? Im off to the cinema now so wont be able to reply until 8pm (ish). Thanks, really appreciate it (and this site in general, hopefully my donation wont be far away!)

-----

The claimant has a contract with the defendant conducted on their standard terms and conditions. The claimant is claiming the return of money taken by the defendant in the way of charges taken over the last 5 years. The defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Furthermore, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999 Para. 8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has repeatedly asked the defendant to justify their charges but the defendant has refused to do so. The claimant is claiming the sum of £1735 plus £492.21 in respect of interest at the rate of 8% from 25.09.01 to 21.06.06 under section 29 of the County Courts Act 1984.

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Mindbomb

Mindbomb

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Posted

Hi Kohoutec,

I'm afraid I can't comment on what you're proposing to put on moneyclaim for one very simple reason - I blatantly stole what I wrote from Monkey (as posted on his thread). :D I would suggest you do the same - worked a treat :grin: :grin:

Thanks again Monkey.

Nemo me impune lacessit!

The hours of folly are measured by the clock; but of wisdom, no clock can measure.

As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

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monkey_uk

monkey_uk

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Aye, just copy mine if you want, just remember to alter the account number and the daily interest figure!

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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kohoutec

kohoutec

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Hi Kohoutec,

I'm afraid I can't comment on what you're proposing to put on moneyclaim for one very simple reason - I blatantly stole what I wrote from Monkey (as posted on his thread). :D I would suggest you do the same - worked a treat :grin: :grin:

Thanks again Monkey.

 

Sounds like a plan, thanks to both of you :D

 

Just this minute submitted claim 6QZ40590 for £2227.21 :D

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Mindbomb

Mindbomb

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Top performance.

Just a matter of time now. :D

Nemo me impune lacessit!

The hours of folly are measured by the clock; but of wisdom, no clock can measure.

As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

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monkey_uk

monkey_uk

Posted
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It seems that FD's tactics are now to instruct DG to offer only half.

 

My advice is to reject this either by ignoring the offer, or replying with a VERY SIMPLE LETTER basically saying:

 

I've got your letter in which you offered me £XXX as full settlement in my claim.

 

I don't accept your offer.

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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kohoutec

kohoutec

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It seems that FD's tactics are now to instruct DG to offer only half.

 

My advice is to reject this either by ignoring the offer, or replying with a VERY SIMPLE LETTER basically saying:

 

I've got your letter in which you offered me £XXX as full settlement in my claim.

 

I don't accept your offer.

Thanks for that, you can be assured theres no way I'll be settling for half!

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