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    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Wageday Advance Complaint


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Hi, not looking for advice as i'm following the same format as my QQ and P2P complaints. I just wanted to update the forum.

 

After WDA emailed me and said they noticed I'd borrowed a lot and they would freeze the interest on my current loan and arrange a repayment plan to help me, I thought it was great. After that the hassle started, constant phonecalls including to my work, even after I asked them to remove the number from their records. I put a complaint in about how poor their service was as they had offered something to me, yet started treating me as if I had defaulted. Letters with default charges 3 weeks before my DD was due etc. 8 weeks later I got an email saying they had been in the wrong and they would remove £25 off my loan, hardly the most generous offer, but an acknowledgement at least. The rest of the email ahd incorrect information on it in relation to my balance etc. I emailed back expressing my surprise at the information on outstanding amount etc. I also asked for all the information on my accounts and what I had borrowed / paid. I got a reply with the correct info on the account but no response on the additional info I asked for. Last week I emailed again to ask when i'd receive this info. As I still haven't received something today I decided to do my own digging

 

I have found all the emails for loans in my Hotmail and was able to piece together all the payments, loans, interest and rollovers. I have had 37 separate loans, and during that time I've rolled over 20 times. This included one loan that was rolled over 10 times, then a payment plan put in place for 6 months to pay it off, and a loan issued again the month after!! Loans started at £150 per month borrowed and up to £640 (repaid £800) between March 2009 and October 2015. Total interest paid seems to be around £7,300

 

I have put in my complaint for irresponsible lending (the 10 month roll over one that took my 16 months in total to pay back and then immediately be offered another should be enough to show that!) and i'll await their response. I'll update if and when I hear anything

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Looked online on my WDA login in, and under my payment plan it used to say: payment due date - 29th February, it now says payment due date 30th November. Seems a bit strange. I wonder if they will still try and take payment as agreed. This wasn't something I went to them with, they actually approached me to break my repayment down

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Seems that now I've raised a second complaint with WDA they have put the account on hold and will not be collecting while the complaint is under investigation. I'll just have to wait and see what they come back with

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  • 3 weeks later...

Received a 4 week holding letter "despite our best efforts, we are not in a position to give a final response to your complaint"

 

I've already supplied them with a copy of my credit report showing loads of late payment markers in 2010 and 2011 and then again from 2014. It also shows the other payday loans on there. And although I've borrowed since 2008, I asked for a refund on all interest since June 2011 when I had 10 months of rollovers. June was when I ended up in a payment plan with them over 6 months, before they then continued to led the month after and increased my credit amount. Thought i'd give them a negotiation point rather than just say I want everything back, which is greedy. Regardless of what I think of PDL they offer a service that I've used, so asking for all interest back is a bit of a cheek.

 

See what comes in 4 weeks time

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Just wanted to say hello and welcome to cag as nobody has responded to any of your posts so far, we do have members with plenty of knowledge in dealing with these types of lenders so please dont feel that your on your own.

 

If you need any help simply ask on your thread here and a team member will be along to advise.

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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Hi Martin, thanks for the message. Don't worry, I have another thread under the Quick Quid part of the PDL forum, and had some excellent advice off the team here. I have added this thread as its a different business and hopefully my experience will help someone else in the same boat

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  • 5 weeks later...

Just as an update on my complaint with WDA. I have had loans with them since 2009 through till today. I had numerous roll overs and for one loan did this 10 times, followed by a 6 month payment plan and then reloaned a few days later. I complained to WDA and asked for interest back from loan 11 through to my last loan after my 10 months of roll oves, till end Dec 2015. The last few loans were instalments rather than an actual payday loans.

 

To help their investigation I sent them a copy of my Noddle credit report, some screen shots from my Experian report showing late payment markers and mentioned my loans with QQ and PTPD at the same time. Thought it would help

 

The 8 weeks were up yesterday but received an email this morning, upholding my complaint for the payday loans, but not the instalment loans, which to be honest I can see why. However they have refunded on the interest from loan 10 through to my last payday loan. I made it out to be around £4.k but with 8% added they offered just over £7k. I have an outstanding loan of £225 so they paid that off from the refund. I got my email this morning, replied straight away with my bank details that they asked for. The money was in my account today, although in a number of separate payments, most of which were £700. I guess this is the highest amount they lend for a loan so that the most they can pay in a transaction

 

This money has helped me pay off a loan that was in arrears and catch up with my mortgage which was 2 months behind. For the first time in 6 years I can breathe again. many thanks to all that offer their help and experience

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Wow what a fantastic result, well done jon, your success will be fantastic encouragement to others in a similar position

 

Maybe a small donation to keep us going 😀

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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