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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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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. 
       

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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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Please help - list of common failures


dave
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Hi all,

 

We all know that all companies cock up - some more than most.

 

I am trying to collate the most common cockups.

 

Please add to this sticky, preferably in a one line statement, the cockups that you have experienced over the years.

 

e.g.

 

DVLA ignored SORN declaration and I was fined.

Company XXX refused to refund me when good were faulty from outset.

 

etc....

 

All will become apparent soon....

 

Thank you.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group 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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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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After market warranty company's reliance on the all encompassing 'wear and tear' exclusion clause built, as standard, within their policy documents and which they can always rely on to refuse a fully valid claim.

 

What part of a car is not subject to wear and tear when being driven?

 

More to the point, what part of a car is therefore covered at all?:-?

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Orange telling me over the phone I have a 12 month contract but 9 months later telling me it's an 18 month contract and they never called me when the phone was first bought, that anyone could have got my details!

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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Hi

Orange sim card went faulty, took them 6 weeks to agree to issue me a replacement sim card as they said it was my phone. I even went and brought a new cheap PAYG phone from Argos but Orange simcard still not worked. I asked for refund to cover loss of usage as my contract was due to end but no respond, so I refused to pay the last 2 months bill in lieu of them costing me loss of airtime. Sent 6 letters to Orange customer services but still no reply. If you ring them from a non-orange handset you get cut off or they pass you all around many different depts resulting in you getting additional bill as you can be on the phone for over 1 hour ! Also noticed that although my contact ended, they added a 'new charge' for Orange Care at £6 per month which is something I did not want anyway nor asked them for.

Still refusing to pay and battling this out. Got a debt agency letter threatening me if I do not pay this Orange bill. What sort of Customer services are they when they don't reply to customers?

Reeta

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  • 3 weeks later...
  • 4 weeks later...

Littlewoods sent a faulty brand new washing machine, refused to refund it, made me accept a repair, twice, which neither worked. Then put my account with debt collectors. Any phone conversations have resulted in rudeness from their operators, and refusals to put me on to their managers. I am now going to take them to court!

Abbey

  1. 29th July 2006 - First request for data sent.
  2. 11th August 2006 - Microfiche excuse received.
  3. 16th August 2006 - Reply quoting Data Protection Act sent.

HSBC

  1. 29th July 2006 - First request for data sent.
  2. 8th August 2006 - First statements started arriving with returned cheque.

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Direct Line Insurance gave me a hire car from Enterprise. On last day of hire I got a flat, my husband changed the wheel over just before we drove the car 4 miles to return it. Signed off car, explaining about flat tyre, which they said was no problem and they refunded me with a £50 deposit. The following day Direct Line telephoned to tell me that following my accident? I owed Enterprise £300 excess for the damages to the tyre and the spare wheel!! Already being charged £400+ per month from banks for excessive charges and in process of losing everything, so it feels like everyone is in for the kill now! See prior post. By the way, there was no damage caused by us, the spare wheel was already in bad shape and my husband told me to be very careful driving it.

Abbey

  1. 29th July 2006 - First request for data sent.
  2. 11th August 2006 - Microfiche excuse received.
  3. 16th August 2006 - Reply quoting Data Protection Act sent.

HSBC

  1. 29th July 2006 - First request for data sent.
  2. 8th August 2006 - First statements started arriving with returned cheque.

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BANK OF SCOTLAND - asked them to close 2 current accounts,(after I won back my charges ;) ) 1 had £26 balance, other zero. Branch said it would be done by head office and they would send me a cheque. 3 weeks later got a letter saying they had shut no.1 account and transferred the balance to no 2 account. Phoned and queried it, they knew nothing about me being sent a cheque and as no.2 account now had an active balance it would take a couple more weeks to shut and only THEN would I get a cheque.

As with all banks, the right hand has never met the left hand.

Bank of Scotland account 1 - £2,666 WON

Bank of Scotland account 2 - £2,500 on hold

GE Capital charges -£30 won (hey, every little helps!)

Barclays Partner Finance £425 charges - £225 offer accepted.

 

Finally debt free after 4.5 years, thanks to my Debt Management Plan through Payplan. There is no better feeling :D

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  • 4 weeks later...

Neighbours son just passed test left car in gear and drove straight in to our stationary car.Non fault accident to us reported it to insurance etc. Our car gets picked up by Midland recovery and gets taken to Holdcroft Body repair shop.3 days later get a call from Helphire who were appointed by our broker, asking where our car was :o . Holdcroft didnt know and Midland recovery said it had been delivered by them to Holdcroft the day it was picked up.Found this out after going to their office in person and saw the delivery note.So then took a trip to Holdcroft and our car was not on their system ....!Took it upon myself to walk through their entire ground and guess what our car was there the entire time!! What a bunch of so & so's!!

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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Ordering a pink nintendo ds + 2 games for my daughters birthday on argos website after being told all was in stock and then after paying with debit card told that the pink console was not in stock and they have refunded the money for the console. took me many phone calls to explain why the games were no good without the console.

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CURRYS stating that a Bright Green Flashing Pixel on a £800 Plasma TV which is 23 weeks old is a 'Purity Error' 'Within Manufacturing Limits' and therefore they will do ABSOLUTELY NOTHING to assist!!

 

£800 on a TV which 23 weeks later has a fault which ruins my viewing pleasure and all they can say is 'Tough Luck!'

 

Shocking way to treat a Customer!

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These are excellent - keep 'em coming.

 

It will all become apparent soon, I promise (had a bit of a delay due to personal issues).

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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I have had an Audi car from brand new. Bought from dealer. Had serviced by dealer to keep 3 year warrenty valid but the warrenty also had a 60,000 mile limit.

At at 2 years and 3 months old, but unfortunately at 62,000 miles, car failed to start. Was told it was the starter motor which was then a chargeable repair. I argued that to me, the mileage on the car had nothing to do with the amount of times the car was started but lost the argument and paid over £300.

That was in Jan 06

Feb 07, car failed to start again. Told by garage it was the starter motor that had failed but it was covered under 'a 2 year warrenty' so was replaced free of charge.

Nov 07, car failed to start again. Told by same garage (still audi dealer) that starter motor would be replaced 'this time' as it was within 2 years of my original paid for repair. Although I have asked them to detect any underlying fault that could be causing a starter motor to fail so often, I cannot be sure they have done this. But they have told me the replacement that has been done today is not guaranteed in itself, the labour??? is guaranteed for a year, but the guarantee on the starter motor runs out in Jan 08 - 2nd anniversary of me paying for the repair!

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Quinn Direct car insurance: ignored 2 letters giving notice that I would not be renewing the policy with them and took a new payment anyway. They then failed to refund me after promising to do so. Had to get the money back through the bank.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Virgin Media cut off services for non-payment before I receive the bill. Twice.

 

Must be common, exact thing happened to me. they said their system ran into a "glitch" and bills were not sent out, but I was still dissconnected from service. I had it reinstated after speaking to a few managers though, lol.

 

 

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O2 destroyed my mobile phone that was returned in error instead of returning it to me. [should have gone to 3G]

 

their excuse, security measures..Ha.

 

I took em to court and won..

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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A friend of mine took a 19" lcd tv back to the local Miller Brothers complaining about a dead pixel.

tv was one week old.

 

Turd in the shop argued it, but eventually took it into the back shortly returning showing a 1" scratch clearly visible in the centre of the screen.

 

Arguing for about an hour they told her to shut up and leave the store..

 

she did......OMG!!!!!

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Ordered bathroom cabinets from Wickes - cost £800. Next day a repeat order arrived. Despite my saying I had already received mine the driver insisted on leaving them. Rang next day to say I now had 2 lots - they said they would collect them. They never did. That was 3 years ago. My daughter now has a matching bathroom!

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I once received a voucher thru the post from Phones 4 u for £360. As I had never used that company for anything I was puzzled. I rang to see what it was about. The advisor said he had no idea and suggested I hang on to them and say nothing. No-one ever asked me to return it.

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  • 1 month later...

Boring one from me. Buying a suit. There was an OK looking one for a cheap price in the window. Asked to try it on. Was shown essentially similar looking suits for a higher price. Asked for the one in the window, they say they don't have any. I say goodbye then. Shocked salesman voice "but this is a much better suit." I still leave, and he sells me the suit at the window price.

 

Oh, and I had dodgy energy company salespeople around several times. One came, asked us if we were a British Gas customer, and said that they "just want[ed] to make sure that we're signed up for our discounts." Got quite rude when I asked him to leave.

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Oh, and some companies use "City Link" as a courier. I ordered something, and after ordering noticed that it was coming by a company called "City Link". Googled them. OH NO!!!!!! Seeing that they had a MO of saying you weren't at home when you were, I left a big sign for the courier on the front door and left it actually open, stayed in the front room and watched the door like a hawk. At 1pm, suddenly the status of my order changed to "delivery attempted (carded)". Phoned up to complain, and they tried the reputedly common trick of asking me what colour my front door was. They then say that's the colour the driver reported it as. (I wish now I had said it was bright pink). I contacted the original merchant, and cancelled the order. Then made another order with them based on an agreement that they would send the item out by Royal Mail.

 

Since then I won't order anything if it's coming to my home by citylink. They do seem to deliver to my (fairly large) workplace. But I won't waste my time ordering anything if City Link are going to be delivering it to my home.

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  • 2 weeks later...
Guest louis wu

Sky...where to start, the whole concept of customer service is missing.

 

Disconeected after being 1 week later then invoice date. Upon complaint, told no-one available to take call etc, and they can do whatever they want with their service (told them exactly what to do with their service).

 

Bill payment by internet. The system is always down or failed or some other excuse. The alternative offered, an 0870 National rate number.

 

£4.00 charge for non direct debot payment, already discussed at length here.

 

you get the idea.

 

louis

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