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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.

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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.
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      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


Bigdess
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In April 2000 I approached First Trust (Downpatrick Branch) for an overdraft (£300) following the death of my Mother.I was taken into the office to meet Mr Toner to discuss an overdraft. He sat me down and proceeded to severely reprimand me for the way my account was been conducted and indeed it was totally unacceptable that this account should be run in such a haphazard fashion. Following all this b######t :( he agreed to give me the overdraft informing me that there would be a standard set up fee of £25 and that if I was to go overdrawn then the rate would be £30 for every withdrawal over the limit and also any cheques written there would also be a fee of £35 until the account was brought into line.Then in the next breath he informed me that he didn’t want any bad publicity because this was bad for business and indeed bad for First Trust. I thought well F##k you, you trumped up piece of s##t, :mad: following this meeting he shoke my hand didn’t even say sorry for your trouble etc etc etc. I think one of the girls who was on the counter that day sensed something was wrong when she seen me coming out from Toners office, she rang me at home and was totally shocked when I told her what had happened. That girl has since left First Trust and is now working with one of the local GPs.I could tell more stories about First Trust and their attitude towards their customers and also stories about some of their products. The more ammunition people have while applying for the money that First Trust have taken from their accounts in unfair fees the better etc etc etc. I also believe that the media should be informed of the stalling tactics that are been employed by First Trust with regards to claims, the more media attention the better they don’t like it.Since then I have been waiting ever so patiently for my revenge. I sent my letter under DPA requesting six yrs statements and am waiting to see what the response will be. According to the Consumer Council for N Ireland First Trust are not providing the correct information that is been requested. See below re the super-complaint.

 

“Since the submission of our super-complaint, much has been achieved. More customers are taking control of their banking and the market is having to respond. The Consumer Council acknowledges the response by three of the Big Four Banks[1] who have scrapped onerous charges, freeing some 900,000 account holders from the grip of unfair fees. However, all banks need to do more - in particular, we would encourage First Trust Bank to do right by their customers and scrap their unfair charges now.

 

 

Bigdess

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my husband and i also had bother with first trust, but when we asked for an overdraft to help us try and gain control of our account we were told no(by some jumped up teenager, who looked as though she was in doing work experience) on the actual day we asked for an overdraft our account wasn t even overdrawn it was in the black. After looking at what direct debits came out of our account she then proceeded to tell us that we were living above our means. Our D/D 's are all household bills etc. like heating, telephone, and tv license etc..... and also our car payments and car insurance. So , she suggested that we sell our car. Bloody Cheek !!!!!! NO CAR - NO WORK , we left the bank that day absolutely fuming and decided to claim back everything they have taken off us. Our second letter has been sent to them with our schedule of charges and we are waiting to hear from them. Am just glad to hear of other people who are taking them to the cleaners Good Luck !!!! and keep us posted.

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@Bigdess

 

you have to be very careful about using the word "stolen" in the forum.The mods put up a post a while back about how using certain words could leave the owners of the forum open to legal action for large amounts of damages and the possible closure of the site...

 

just a heads up for you to edit the post....

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Sorry bout that I ve managed to correct the mistake.Every time I think of that it really makes me cross and angry at the way I was treated.Its a day I will never forget.

 

Bigdess

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I ve already received money from First Trust regarding insurance on a loan when they refused to pay out after I was out sick for three mths. I was advised by a First Trust employee to claim back two mths payment (£222).Once the claim went in I received a letter stating that what I was suffering from was not covered under the terms and conditions of the insurance premium. Contacted the OFT and the media informed them thats what I was doing if they didn't pay up.Within 7 days the money was lodged into my account. I have found these boards very helpful and informative,I have a tendancy to use other tactics my First Trust branch are aware of this so treat me with a certain degree of respect with the exception of Mr Toner:mad: who dosn't treat anyone with respect. Once they have received my DPA letter posted Monday I would say their probably thinking what the hells wrong with him now, so let the fight begin and lets see what happens :lol: :lol: only this time its different.

 

Bigdess

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Just for your information i recently had a conversation with a para-legal in the court service of northern ireland and they informed me that in a recent case in england the judge said that claimants should be able to claim back their unlawfull charges from 1999 to present day so people check it out phone the civil processing centre in belfast and have this confirmed it could mean an extra 2 years you will be able to claim back !

if my advice has been of any help to you then please click the scales ! Thank you :D

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You can claim back as many illegal charges and interest levied thereon as you can prove, from as far back as you want.

 

 

ie: if you have statements from 1972 showing illegal charges, you can claim them back, plus 35 years of illegally applied compounded interest.

 

 

You have six years from the date that you discover that you've been conned to do so.

 

The passage of time doesnt make the bank's fraudulence any less illegal.

 

I feel justified in using the word "illegal" because Matthew Taylor MP used this word in his House of Commons speech on this matter on 15 January.

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Just arrived home from W5 Belfast only to be told by my son that the girl who deals with my account at First Trust rang and was asking him way I wanted six years statments.I think she rang in the off change that I would be available to talk to her.My son didn't say anything because he wasn't told what I was proposing to do.Butterflys started,with regards to treating me with some degree of respect, that has now went out the window.She would be the sort of individual who would lead you into a false sence of security.Something that isn't going to happen.So I think she must be aware of whats about to happen.Noticed also that they haven't taken the £10 from my account.

 

Bigdess

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Interesting.

 

Its none of their kin' business why you want your data!

 

(Which of course they have no alternative but to supply within 40 calendar days, whether or not they choose to take the £10 statutory fee from your account.

 

And to interogate your young son as well- make a note of the time and date this and inform the judge should it be necessary to go to court.

 

Im sure a judge on hearing that they used a child to get info would be furious as indeed would the Information Commissioner if/when you complain.

 

How many days do they have left?

 

Methinks you have rattled someone's cage...perhaps the reptilian Mr Toner?:D

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I dont think she was expecting my son to answer the phone,I think she was chancing her arm thinking that I would answer.They have 36 days left to send statments.Just checked online statment £10 still not out,thought maybe it would have been taken out after close of business at 6pm.

 

Bigdess

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  • 1 month later...

Just received six yrs statements I have just finished going through them, :o I was quite shocked with the figures I arrived at and I mean every last penny no matter how small has been put down ready for Excel and Microsoft Money.

 

Total amount unfair charges £2125.80

Quartly Charges £574.02 (advised by solicitor to claim these back)

Four Bankers Drafts £68.00 (advised by solicitor to claim these back)

 

Grand Total £2760.02 :-x

 

With regards to everything my solicitor has advised taking them to the county court,this way will force their hand much quicker also advised to go the distance (thinking about that at present dont know :-| )

 

Let round two commence :D

 

Bigdess

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Looking back over statements it would appear that interest has been variable eg 6.10.2000 interest charged £10.63 and again 06.04.2001 £16.44.Looking at their website they are talking 12% base rate plus 1% for going over drawn.Which rate do I apply because I dont know what rate was applyed to the account.

 

Bigdess :-|

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Contacted First Trust interest charged is 12% plus what ever the base lending rate was as set down by the Bank of England.I will be applying the 12% per First Trust.Have worked out rate @ 12% which is £2294.83 ?

and at 1% is £141.14 interest worked out does not include quartly charges and fess for bankers drafts.I think the second figure would be more acceptable ie £141.14 although I still don't know :-|

 

Bigdess

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Have you done a schedule of charges? You need to work out the interest for each charge individually, not just as a percentage of the whole heap together.

 

Set a table in columns:

 

 

Date charge interest total

 

01/05/01 20 29.26 46.26

 

01/06/01 20 28.64 48.64

 

 

 

See what I mean?

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Glad to hear someone else getting after the First Trust

 

Keep at them mate they are a bunch of ******s and I know how you feel, they are a bunch of patronising gits.

 

Check out the belfast telegraph tonight there is a load of stuff about bank charges and last week the mirror ran an article saying that the FT have set u a specific department to deal with these complaints.

 

Good Luck

 

Eratu13

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

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Just finished going through all statements

 

Total including interest @ 8% £2286.35

 

Total amount without 8% interest £1848.12

 

Have made out two seperate sheets with schedule of charges one with out interest and one with interest.Also have used microsoft money for adding everything up.I will be rechecking everything tonight before I send my schedule of charges,do I send the first sheet without interest or the second sheet with interest.Also do I have to itemise every individual charge.

 

Bigdess

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Ok,what rate do I apply to the charges re second letter requesting payment of charges.Is it 12% + 1% or is it worked out at 8%.Does it apply from the first date on statements until last date on statements.I am finding this very difficult and also very confusing.

 

Bigdess :confused:

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You apply whatever the current rate they are charging at the moment.

 

Forget about County Court interest at this stage. (This is awarded by the Court and applied for in your court papers which you will prepare if they dont give in at this stage.)

 

This is your Letter Before Action, remember to put that at the top of your letter. This is their last chance to comply with your request before you file at Court.

 

You are telling them you want:

 

Total of charges+ interest levied on them at the rate they have charged.

 

This will be the current rate applied to your account. I have no way of know what that is. Ask them.

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I ve just finished working out interest @ 8% will then go on to work out at bank rate which is 12% + 1%

 

Total taken from account £1702.29 in charges from Oct 2000-April 2007

Total interest from dates of charges to present day £47,760.16 ?

 

Thats working it out on each individual charge and adding everything up to final total.

 

Bigdess

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