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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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superward vs. First Direct **WON**


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Hi,

 

I had an account with FD between June 2005 and May 2006. Account was only open for a year, as you can see, but by December 2005 I was about £600 over my £650 overdraft because of fees and other charges. Now, granted that Autumn I seriously mismanaged the account, that I am not disputing, but the level of charges for each item unpaid etc. didnt help! I settled with them in May 2006 to the tune of about £1300 to clear the account and get back on track..the account was closed.

 

Just phoned FD Banking Centre and requested statments over the phone. All my details were still there on the system and because the type of account I had - all statements for that year are on file and it is free (apparently :rolleyes: ). Advised it will be 10-14 days or quicker. Got the advisors name and location incase anything dosnt turn up by the way!

 

I await the statments and shall see how much I was charged!

 

Wish me luck,

superward

 

PS Where have people been sending the Prelim Letter with statement of all charges to start claiming back?

superward vs First Direct - WON!!!

superward vs RBS - WON!!!

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Hi Superward.

 

Send prelim to the address on your statements or cheque book

 

40 Wakefield Road

Leeds

LS98 1FD.

 

Just written my rejection letter to them.

 

Good luck and keep us posted

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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Thanks for the address. Will I just address to "Customer Relations" or something similar?

 

I don't actually have any statements or chequebook anymore as the account is closed. Washed my hands of FD and shredded the lot in a manic Winters day last year :D :D !!

 

cheers,

superward

superward vs First Direct - WON!!!

superward vs RBS - WON!!!

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"customer relations" will do it but i didn't and it found the right place.

Good luck with your claim and keep us posted!

:)

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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  • 2 weeks later...

Bit of an update folks...

 

Got my statements through this morning and suprisingly only had £140 of charges! Seems it wasnt as bad as I thought!

 

I do however have a £176.25 fee which is called an "Agents Fee" on the statement. As far as I am aware my account never went to a debt collectors. I know this because I contacted FD directly and I entered a into a debt repayment plan with FD before it got too bad. I do remember, however, somebody phoning me and telling me to stop using my card and take my card/chequebook into an HSBC branch. I presume this is what the charge is for! If so then the charge is a ridiculous amount!

 

Should I add this onto the claim also?! Even if not...I am still claiming the £140. It's the principle not the amount

:D

 

cheers,

superward

superward vs First Direct - WON!!!

superward vs RBS - WON!!!

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  • 2 weeks later...

Got the "Thanks for your letter, we will reply within 10 days" letter today.

 

Have to say, although its only an ackowledgement it is better than RBS who got my letter 3 weeks ago today and havent even sent anything to me yet!

 

Will keep you updated on the outcome.

 

Cheers,

superward

superward vs First Direct - WON!!!

superward vs RBS - WON!!!

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  • 2 weeks later...

Got a reply from First Direct today offering settlement! They say the Agent's Fee mentioned above is not refundable - which is what I thought as it is payable to an outside company called Hogans. So, I am accepting their offer. Success!

 

It's the usual "Without Prejudice" letter explaining terms and conditions etc. but citing "irrecoverable legal costs" and "no admission of liability" as to why they are settling.

 

I have to say that First Direct have been very good throughout the whole process and it has taken just over 1 month from requesting statements (for an old and closed account may I add) over the phone, getting them sent for free and only sending the Prelim letter to them.

 

Hopefully this can offer some hope to others claiming who have not been quite so lucky!

 

Thanks to the folk that have helped me out and I will make a donation when I receive the cheque from FD! :) :) :)

superward vs First Direct - WON!!!

superward vs RBS - WON!!!

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Final Update: Received the cheque from FD this morning in the post. 39 days from sending my first, and only, letter to getting the funds banked in my account. Onwards to my claim with the Royal Bank of Scotland (6 weeks and no reply...:cool: )

superward vs First Direct - WON!!!

superward vs RBS - WON!!!

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