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BankFodder

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BankFodder last won the day on April 19

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  1. I hope you won't think I'm being too tough if I say that you've been here since 2012 and so you must know your rights under the Consumer Rights Act which are that if a fault manifests itself within the first 30 days then you are in principle entitled to a refund or a replacement. You would also be aware that you have to assert this right so I'm pleased to say that you will already have made sure that the shop has evidence that you did come to them on day 29 and tried to assert your right. On that basis it is simply a question of pushing the issue and if necessary taking legal action to enforce the right. Also, you've been here since 2012 so I'm not too sure why you haven't told us who the dealer is – maybe you would do that now. Also, should be aware that the responsibility/liability lies with the dealer and has nothing to do with the manufacturer regardless of what any document says. Are we on the same page here? By the way, I have no idea why you should be concerning yourself with GDPR. This is an extremely minor issue and I would have thought that you would be concerned with getting your telephone sorted out.
  2. Please come back and let us know what happens with your existing supplier. Of course maybe I'm just being very pessimistic but I'm effectively giving you a summary of all the things which have happened according to the reviews on trust pilot, Google, the Facebook group – and on this forum. Maybe you will be a lucky one. Anyway if you aren't able to block the contract in some way then come back here and we will give you some advice as to how maybe you can avoid some of the experiences that other people are having if you start taking assertive action straightaway. Also, of course, you need to take some action to find out exactly what your terms and conditions are – including dates of payment, extent of the rebate, VAT status et cetera.
  3. Well I'm afraid that you got yourself into a fine mess. You better sit down and start reading some of the stories on the Future Comms Problems Facebook group https://www.facebook.com/groups/FutureCommsMobileProblems/?multi_permalinks=370637936907772&comment_id=370639686907597&notif_id=1558728441605802&notif_t=feedback_reaction_generic and you should join it. Also, you obviously didn't do any research about this company but now you can repent at leisure – go to Trustpilot and find out about Future Comms there https://www.trustpilot.com/review/www.future-comms.co.uk and also go to the Google reviews for future comms https://www.google.com/search?ei=WvfoXLfRB6G4gwesiYjADA&q=future+comms&oq=future+comms&gs_l=psy-ab.3..35i39l2j0l8.5122.5122..5466...0.0..0.48.48.1......0....1..gws-wiz.......0i71.KkE02VUmIy8#lrd=0x4874679ceafead69:0x8e11490fb9ce7dc,1,,,. You'll see the same sad story experienced by hundreds of people. There are two things which I find completely amazing. Firstly is that future comms are getting away with it and that their behaviour seems to be so consistent towards their customers. The second thing which I find completely amazing is that all of these victims are business people who you would imagine would be canny about what they do and also careful about the money they spend and the money they are owed and whose business activities presumably they depend upon for their own income and for the welfare of their families and yet they respond to a cold call like this and sign up without any kind of due diligence or second thought or any kind of instinct for self-preservation. Future Comms are obviously onto a very good thing here. Bravo. I wish I'd thought of it. There is a third thing which I find extremely amazing and that is that even when all of these – apparently astute business people find that they are not getting the money that they were promised, they do pretty well nothing about it other than moan, and phone, and accept promises which are subsequently broken again and again and yet those astute business people simply go on taking the treatment, living in hope and doing nothing to assert themselves. Once you have read the stories on the Facebook group and the trustpilot reviews and the Google reviews then you will start to understand what is going to happen to you over the next three years. I suppose you haven't even ascertained whether the rebate which you have been promised refers to a rebate for 18 months of payments or to the entire 36 months of your O2 contract. I suppose you haven't even ascertained whether any of these rebates or termination fee include VAT? I suppose you have an even ascertained the dates by which these promised payments should be paid – possibly meaning the dates by which the promises will be broken. I'm sorry to grind you into it like this – but this post is written partly with a view to warning other people who are thinking about getting involved with this company – although if the stories are correct then nobody actually "thinks" about getting involved with this company. They simply jump in. Bravo. The only slight glimmer of hope that I can hold out for you at the moment is that because you have contacted us so early – and apparently you were involved in the telephone exchange with Future Comms only on late Friday afternoon, it may be that nothing has gone through with EE. In that case possibly your best hope is to telephone EE – this morning – and tell them that you do not want to transfer and that the pack number has been either given out erroneously or fraudulently and that under no account are they to terminate your phone service and transfer it to O2. There is a remote chance that this might work and that you can in that way frustrate the contract. I wouldn't expect it to be a clean break and I can imagine that people come back at you – but stand your ground and we will help you along. All of this is quite remote but unfortunately what is going to happen to you in respect of Future Comms over the next three years if everything follows the pattern that we are seeing all the time, is probably more than you can stand. So that is my suggestion to you right at the moment – it's unconventional, it may not work, it may cause problems – but frankly that's where I would start.
  4. It's very nice to hear that the dealer was so helpful – so far. However, replacing a turbo might involve expense which could change the dealer's attitude. However, you are within the first six months of ownership and in principle you are protected by the Consumer Rights Act and entitled to a repair and if the repair fails or if the repair has refused then you are entitled to a refund. Have a look here for my view of what your rights are within the first 30 days and then the first six months You certainly don't need to rely on a warranty. The statutory rights granted by the Consumer Rights Act trump all warranties. However you probably should just tell us a little bit more about the vehicle. Mainly what condition was it reckoned to be – in particular – the mileage – make, model and what price was paid for it.
  5. Okay in that case begin by contacting the ombudsman – try doing it by telephone and ask them what's happening because you've never received any information. I hope you won't mind me saying that it seems to me that you need to get on top of your files and have them organised and your paperwork under control. When you find out something from the ombudsman comeback you
  6. Okay. If you have a letter which clearly states those reasons for denying you your PPI claim then you are on a good start. However I think it's going to take a long time and don't expect Barclays to be very cooperative. You could begin by bringing in immediate legal action but maybe the best thing to do is to begin a new complaint of Barclays and then when they give you their final response letter to take it to the ombudsman. On that basis I think that you should contact Barclays and begin the complaint and confirm in writing. Confirm everything in writing and also read our customer services guide and implement the advice there. Your complaint of Barclays will be that during your original PPI claim they declined the claim on misleading grounds so that their wrongdoing left you with no choice other than to turn to a professional claims management company. This put you in a position where you were obliged to pay fees which if Barclays had dealt with your claim correctly, you would have not been obliged to pay. Therefore it is a result of Barclays unfair treatment of you that you have suffered a 24% loss in the money paid out to you. Use this as the basis of your complaint to Barclays and when you get a final response letter, don't hang around. Make the complaint to the FOS immediately but come to us so that we can have a look at the wording of the complaint you are submitting to the FOS.
  7. You say that they told you in 2017 – do you have this in writing? When you say referred it to the financial ombudsman – was this as a result of a final response letter from the bank? Were you ever issued with a reference number by the ombudsman service?
  8. I suppose that there is a typo which means "not can". If you really want to make a point then if you think that they have got enough information to identify you then you could challenge them in court but that will take time. If you want to make things quick then you could simply send them the information they want. It would help if you tell us which organisation you are dealing with
  9. In principle I have to say that if the bank misleads you for some reason other then there is definitely a chance that you should be able to recover your expenses from if you have to go for independent help. However you need to give us far more detail as to why Barclays said that you couldn't claim.
  10. Thanks for the update. Unfortunately the usual rule is that the case should be heard in the defendant's local court. If you simply expressed a preference that a hearing should be in your own local court then the chances are that they will not agree. We would have suggested a form of words which would have increased your chances of getting it heard in your own local court. I hope you won't mind me saying that I think in future if you have forms to fill in or anything else to prepare that you should let us know in advance to take our advice. If you go it alone then you won't necessarily do the best for yourself. I notice on the Facebook group there are over 20 people now who are members and who are complaining that they haven't been paid. One person has apparently owed over £2500 and yet are not aware that he has actually sent them a letter of claim. If you have any way of encouraging these people to start threatening and then bringing their legal actions, it would be probably helpful to all of them if you would do so by posting up on the Facebook group. Once again, I'm frankly amazed at how so many people who apparently business people and therefore should be worrying about their balance sheets have been prepared to go along with all of these broken promises again and again and again and without taking any action and without getting anywhere. I'm not surprised that future comms is continuing this business practice. They are probably amazed as well how they can get away with it. Anyway, as I said, thanks for the update – but I suggest that you come to us first before taking any further action. It's completely free so there's no downside. Once we've given advice then you can disregard it if you want
  11. Did you explain in your letter of action that it was going to be a foreshortened letter of claim and the reason why? It might simply be an idea to do that so that everyone is clear – in case there is any challenge in court. In terms of seeing at the registered address and enforcement – this is a good point. If you are sure that the place of business is stable and unlikely suddenly to be changed then that would be a good thing to do. On the basis that you win, you should not have this enforce by bailiffs. Because it is clear that the value of the claim is more than £600 you should have the matter transferred up to the High Court and enforced by High Court Enforcement Officers
  12. Well I'll deal with the questions as well I can. Normally speaking you would be required to give 14 days notice. This is a protocol and so it's not completely fixed. I would suggest that you at least give seven days' notice so if you give notice today by email then it would be reasonable in the circumstances to begin an action next Monday. I will explain in the email why you are shortening the normal period of notice and also point out to the fact that he has been uncooperative so far whereas the circumstances are extremely clear and your rights under the consumer rights act are extremely clear. I don't know any way that the case could be expedited – but certainly when you receive the directions questionnaire then you should explain to the judge at that point the urgency of the situation. You will have to put some amount so if I were you I would estimate the maximum amount of likely damages and then claim for a figure "not exceeding £XXX". Of course that will mean that you will be paying a higher claim fee. You could explain in your letter of claim that this is what you will be doing and why you're doing it. You don't need to put a lot of detail at this point. Have a look at that and see if it sums up your case correctly. Sue them at the registered address. Get all information you can from the mechanic including photographs et cetera. Also get your independent report. You were not needed at this point to issue the claim but it will be extremely helpful later on. You will be able to claim for the cost of this as well.
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