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  1. Good Afternoon, Looking for a bit of advice. I bought a new car in July last year. It stutters and hesitates and can be quite dangerous when overtaking never knowing when your going to loose power. Fault is intermittent. After 3 months placed into approved dealer. They looked at it for about 5 minutes, never found fault (of course). Just before the 6 month mark I complained to the finance company and informed them I sought remedy of the fault. (Pretty much the exact words. I never said I wanted it Repaired or Replaced but 'sought remedy) Finance company contacted the garage I went to 3 months previous and on this information closed down my complaint because on the basis of that visit deemed there was no fault with the vehicle. They also stated their point of sale liability had expired which it had not because the contract was still under 6 months old. Their conclusion was that I now get the fault repaired under the terms of my warranty. I gave them an opportunity to review their position. They maintained it and stated that this response formed their final response on my complaint. I rejected the vehicle and raised a court action to enforce this. Finance company are stating that the court action was raised prematurely and they were not given an opportunity to repair or replace the vehicle (under the 2015 act). My argument however is that I did. I sought remedy of the fault and they completely shutdown my complaint pushing the liability for getting it repaired on to me. before I go on too much, thoughts? Should the Finance Company have offered to have the car checked and attempt to repair the fault? I think I am trying to work out the following. Is the onus on me to find the fault or is the onus on the Finance Company as the trader (under the 2015act) to attempt to find and repair the fault when a complaint is raised? Thanks
  2. Hi everyone! we bought an Audi A6 auto in September 2016 with a known gearbox problem. We found a gearbox on eBay (rare gbox code), and had it sent to us and fitted by our mechanic. It wasn't right and was leaking, the supplier took it back, repaired it, and sent it back out to us. It still wasn't right. Eventually the supplier said to send him the car (To Essex, we're in Birmingham) and he'd fix it free of charge. By this point we had paid him £1000 for the gearbox. He then said the ECU was a problem and to send him £350 to have the ECU repaired. He has now had the car since April 2017. I've called countless times, and when I eventually do get hold of him, he either says they're busy, or the latest one was that they've changed 3 gearboxes with no luck. I managed to get someone from a nearby garage to go and check that our car is still there. He said that it is, but that we should go get our car as it will just rot there. He said we're not the first to threaten the guy with legal or police action, and that no one has ever had any luck getting money out of this guy. Apart from our mechanics' labour, we're out £1350 to this guy. We obviously didn't know who we were dealing with initially. We have bought many gearboxes and engines from eBay and from breakers, and never had any issues. Paypal won't cover the money, as the transaction is over 180 days old. And it wasn't paid for by credit card, so I'm not sure what happens with indemnity. Do any of you have any experience with something like this? Is there any way of getting our money back? Thank you.
  3. I am making a query on behalf of a friend. She is a carer for her autistic sister and made her employers (local government) aware of this 5 years ago when she started work as a Registries and Ceremonies Officer. She was frequently late for work as she had to wait for the transport to collect her to take her to the day centre daily due to this she asked to start work later instead of the normal 9 am. During her period of employment she felt bullied and harassed by her supervisor who complained about her lateness consistently and belittled her by calling her 'Oi you' and not as part of the team. Through the stress of caring for her sister daily and harassment my friend put in a complaint about her supervisor on 3rd June 2016. The councils policy on complaints is stated as: complaint received, investigation and response - within 5 working days any investigation necessary - with 10 working days She did not receive any response to this complaint and there was no investigation. She was asked whether she could undertake a ceremony on 24th July 2016 at 1pm however due to her caring responsibilities she was unable to do this. She informed her supervisor of this on 23rd July whilst at work and it appears that there was a disagreement and her supervisor stated that ' she behaved in a threatening and intimidating manner' towards her during this discussion. My friend stated that she did not but was very anxious and stressed on this day due to the pressure of her caring responsibilities and has been supported by her GP but felt very unsupported by her employers and her supervisor. Allegations made by the supervisor were stated as correct by people that worked with her but not regarded as colleagues due to their exclusion of her. Anyway following the allegations she was suspended from work on 25th July 2016 and interviews were taken in September, November and December 2016 from my friend, the supervision and other witnesses. During this period my friend sent further complaints of harassment and bullying on 9th and 14th September bearing in mind that her initial complaint made in June was not investigated which she also highlighted. She was ill advised by a union representative to accept the charge of gross misconduct and was dismissed on 26th April 2017 and placed on the redeployment list for 12 weeks, in which she was seen weekly for any suitable positions. 12 weeks was also her notice period. The documents state that any complaints made during the periods of disciplinary will be dealt with within the hearing but they were brushed over and the initial complaint has never been discussed or addressed. She has appealed against her dismissal citing that she was wrongly advised, she had a nervous breakdown and they refused to re-schedule the meeting as she was unable to contribute and agreed to everything, she worked with the local authority since 2002 and had a clean record. It was recommended by the Investigating Officer that she was transferred to another role not dismissed or redeployed. She now needs to write another appeal and after seeing a solicitor she would like to still list the above but also add associative disability discrimination as she has caring duties which have been confirmed by the local authority in writing and also been supported through this ordeal by her GP, harassment as they refused to allow her flexi time to attend to her sister and also the behaviour of her supervision by calling her 'oi you' and the conduct of her employers. (The later has been suggested by a Solicitor who looked over the papers). Can anyone advise as she needs to write an appeal to hand in on monday:sad:
  4. Thanks for the info. I have a letter from them about a 16k debt. They are threatening to repossess my house. Should I follow the instructions above in regards to a SARS and the CCA Request? Should I refrain from calling them? Thanks
  5. Can anybody offer any constructive advice please? My daughter was involved in an accident on 29th April last year and her car was declared a write off and removed the following day by her insurance company who took all the documentation and paperwork including the V5. She tells me that she sent off the section 9 part to inform the DVLA that the vehicle was now transferred to her insurance company and thought that was that as far as the DVLA was concerned. However, in September, she received a Late Licencing Penalty letter demanding £80, as she hadn't renewed the licence or declared SORN! She telephoned the DVLA, (I know, big mistake, she now knows to get everything in writing!) who claimed to know nothing about the accident or it being written off or that her insurance company had taken the car. The DVLA followed this call up with a letter dated 12th October, stating that they had now received the section 9 and acknowledged that she was no longer the keeper of the vehicle but that they still wanted their £80. However, they said that if she paid before 2nd November, it would be reduced to £40. This is only 21 days and I was of the understanding that the law states that they should allow her 28 days? I only found all this out since the penalty has been handed over to a debt collection agency who are now demanding the £80 on behalf of the DVLA. The DVLA have washed their hands of the matter and will not respond. The debt collection agency have put things on hold for 30 days. I am of the opinion that instead of owing the DVLA £80, they owe my daughter £45! (three months refund of her tax) Where do we go from here?
  6. Hi everyone, Can someone advise me please? In November 2016, I had the rust on my car sorted by a local recommended garage. It was a cash job as it saved me £100 on the quoted £600. Now, only five months later, the rust is back and it looks as bad as it did before the "repair". I have just rang the garage, only to be hurryingly told that they don't give any guarantees over their rust repairs. I didn't even get to the point where I was going to tell him that I don't have a receipt - it was obvious that he wasn't interested. So then, I know that I have potentially lost out here by going cash-in-hand, but any rights on this matter that I could put forward that might change his mind on this? P.
  7. Afternoon all! My girlfriend doesn't watch live TV, at all. That said she does have a Virgin set top box due to signing up for the tv/phone/internet package when she subscribed. She also has no TV license, but hasn't ever told the TV license people that she doesn't watch TV. I'm telling her to cancel the TV package and just fill in the form on the TV license website to say she doesn't watch TV and that will be the end of it. She's worried that they will investigate and see she has been a Virgin TV customer for ages and ages and demand back payment for a TV license. I'd really like to get this sorted as it's a big worry for her and she really doesn't need it at the moment. How should we play it and what do you think she should expect to happen?
  8. I had AXA health insurance up until April 2016, and in January of 2016 I received some specialist treatment all of which was paid by insurance. I have now had a letter from AXA to say I owe this specialist £200 as they have just had an invoice, 21/3/2017, and my outpatients limit had been reached. I said I thought 14 months late was a bit much, that I had now cancelled the policy, that I might have moved and I wasn't impressed. Their stance is that it is between me and the specialist....the Dr's accounting system must be wild!! Any advice really appreciated....
  9. I joined Vodaphone taking a phone for myself and one for my wife. We both got the free spotify on a 24 month contract. My wife has been charged £9.99 for spotify every month since March 2015 despite this being a included free option. Basically Vodaphone shop where I got the phone investgated and advised that when the data inputter put the contract on their main system they did not tick the box for free spotify! They would arrange for a refund to be automatically made each month. The first month this worked, then it did not again. I complained around 6 months later when I noticed the bill was for the incorrect amount (could finally check online after several months, assumed my wife has been sending pics home to her parents who live in Europe, hence the higher bill). Vodaphone sent a new link, we reloaded spotify, and they said they would refund the monies taken. A few months later, I checked the bills again, same problem, charged £9.99 each month for wife's spotify. Vodaphone said we must have done something wrong on our side. I did not think so but we went through the process again, but this time I went to the Vodaphone shop where the person set it all up on my wifes phone for us, to ensure no mistakes. Problem persisted... went through the same rigmarole again in April this year, 3rd attempt. Vodaphone assured us the monies would be refunded, the problem would be fixed. Also for all of my trouble, they would give me one month for free. Nothing changed, still same problem ,still same overbilling for spotify, £9.99 each month. I cancelled my direct debit, so currently owe Vodaphone for the June payment 4 days overdue now) . I spoke to them today, went through the long winded process, got bumped up to a higher complaint handler level, same promises etc. Here we are 15 months later, same problem. I have been overbilled £119.96, I asked Vodaphone to return the money, they said they would, less the outstanding bill. I suggested actually they have owed my that money cumulatively ocer the last 15 months, and i owed them money only for the last few days, so send me my full overcharge back, and I will pay the bill immediately. They said they couldnt do that, I suggested they could do that, but simply wouldnt. I told them I wished to cancel the contract as I have been complaining about the same problem for 15 months and they have not fixed it...for over a YEAR!! I was told there would be a penalty payment for cancelling my contract early (it expires March 2017) . I suggested by failing to fix the problem for 15 months, overcharging me each an every month, that they are in breach of contract, so they cannot charge me early cancellation penalty as there is no contract! UI am awaiting a call back from Vodaphone to resolve this, but I do not hold out any hope of the slightest satisfaction, they are a resolution avoidance machine, who design the whole procedure based on the fact people will just give up. I am very happy to go to small claims court or county court. I have no issue with them trashing my credit rating as I do not need any credit. I have been fortunate/lucky/successful in life so have no mortgage or need for one, plenty of savings to last me and mine, and happy to spend a few thousand pounds on a lawyer to take Vodaphone to court on a matter of principle, the principle being this company is acting as a bully and the customer service is stunningly bad. Just a review on google shows an incredible number of complaints over so many years it is mind boggling I would appreciate any feedback from people who hve had the same problem, I have seen the Vodaphone/Spotify/Overbilling issue via google with hundreds of people, so any current people having the same issue let me know Thank you
  10. In May 2015 I purchased a Snooper DVR-3HD dashcam from Amazon sold by Amazon in October this year it developed power related faults including turning on, battery holding no charge etc I returned it to Snooper via their technical support who recently emailed back saying that although it was out of the 12 month warranty (I'd owned it 1 year 5 months) it was not a model that they stock anymore and that they do not have spares for the device and therefore cannot repair it. They have therefore offered me a newer model the DVR-4HD at a discounted price of £99.99 instead of the regular RRP of £149.99. However I do feel that although this is an upgraded model I feel it is only giving me the option of paying £99.99 for a replacement direct from Snooper and if I don't, then I am stuck with a faulty dashcam which I have paid £139.99 for and lasted only 17 months. Obviously there is the issue under the Sale of Goods act of arguing that goods must be fit for purpose for up to 6 years and I would consider a dashcam of that price to be more towards the higher end of the dashcam market compared to many other cheaper models and therefore expect it to last longer than 17 months before being faulty and then unable to be repaired. The SOGA also says that the claim should be against the retailer (Amazon in this case) but it is Snooper who have dealt with the repair via their technical support and have not exactly told me what the fault was yet. Should I be directing my claim towards Amazon instead and should I be requesting either a replacement or at least a partial refund from them seeing as it can't be repaired? Or is it fair to consider that a £139.99 dashcam can be classed as "dead" after just 17 months (i.e. only expected to last that long), or that £99.99 is a reasonable price to pay for a replacement model which now retails at near enough the same price as the old one when effectively the only main difference between the two is that the new one would be at the start of a new 12 month warranty?
  11. MY 16-19 account had been opened in december 2016 and yesterday, the 23rd of February, I received a letter that my account was being closed, and that Barclays were unable to continue being my bankers. It offers no other explanation. I realized yesterday that my card was missing when I attempted to call them and tried to find my account number and sort code. I decided to go into a branch and was told that my account did not exist. I'm concerned whether there is any way I can reverse this decision and whether I will be able to open an account with another bank or building society such as Nationwide or Santander? There is no issue of money being stuck, more the inconvenience of having my account closed down and having no idea about it
  12. Hi all When Vodafone 'ported over' my account to their new system (sept 15) they appear to have screwed it up, royally. I have 3 phones on one account. (which seem to have been separated) I have had nothing but misery and stress ever since, I have lost count of the number of times they have restricted access, leaving us all or one after another cut off, in one case for weeks. most spectacularly when I was 100 miles away from home in a hospital with my Father who had been rushed in with a heart problem, No way to call anyone brilliant! I have spent hours both in store and on 191 trying to deal with it all apparently in vain. Last week was the last straw, I applied to borrow money against my property and to my horror was refused point blank, I was advised by Barclays to check Equifax to see what was happening. I had a gnawing in the pit of my stomach thinking ..o god its going to be Vodafone, sure enough it was. My credit score is unblemished apart from them, who have my account as delinquent, credit rating rock bottom. I phoned Equifax and explained I have been having problems with them for 18 months and they advised to contact them and that they, Equifax would put a note on my file and query it with Vodafone. I phoned vodafone to be told sorry system is down I will ring you back, of course after going through hoops to establish its me! I telephone later as I have no real expectation of her ringing me back because, well, they just don't, Guy this time says your account is in arrears by 22.91 you must pay now so i did. I asked him to remove the erroneous entry on Equifax which he apparently did not understand. 3 hours later lady calls back and says you are 12.00 , which I declined to pay when the member of staff on the phone could not explain how, when approximately 3 hours earlier I had been told I was 22.91 in debit and had paid it. The following day whilst in store I was £45.82 in credit, at the time i thought sadly laughable, as the first member of staff appears not to be able to understand a credit on the account. ? so my credit had now doubled. o yes he also said he would add £5.00 credit 'for the hassle' which I had confirmation in a text message. needless to say it was not applied! Checking my Experian account it shows £190 in debit and more than 6 months overdue. Thus placing it in Delinquent status. Which actually tallies with no other amount? I think they pick amounts out of the air tbh. I then receive a letter yesterday informing me they were suspending my account as I was in arrears of £65.30. desperation yesterday I emailed the Member of staff in the store and copied in the CEO attaching the e mails I had sent to the previous CEO in oct 15 and jan 16 which received no response, amazingly I got a reply e mail today saying they would look in to it but if it was urgent to call them, really Vodafone?? so I did. Melanie assured me she has removed 52.80 which was hanging around on my 'Ghost' account since sept 15 and she will remove my status on Equifax. I mentioned to her that not only would I want my credit file returned to its unblemished state before they had made the catastrophic cock up of my account I also thought I should be entitled to compensation for the amount of time and distress caused in the lat 18 months continually trying to sort their mess out, not least the embarrassment and distress yet again of having to try and explain to the lady from Barclays and my husband that I really wasn't responsible. She of course completely ignored this part of the conversation I asked her to send me an e mail outlining exactly what she was going to do, which she did all be it concise. What are the things I should perhaps be doing/ recording to follow this up? I cannot explain how utterly sick and tired I am, how stressful and embarrassing this whole thing has been for such a long time, this is not everything either. I would really appreciate any input from anyone Thank you Sealover
  13. Does a UK passport holder need at least six months left on there passport in order to travel ?.
  14. Long story short - may get longer later: My wife bought a vaping kit from a shop in Chester on the 2nd July this year. £50. Product is here: http://www.innokin.com/vaporizers/cool-fire-iv/ When I first got it, it seemed perfect, worked well, did what it was supposed to do. At the end of August it basically stopped working. Put it on bedside table before going to bed (pressed button 3 times to put on standby), woke up the next day and found it completely dead, nothing seemed to spur it back to life (charging, pressing buttons, checking physical on/off switch on bottom). Took it to the shop on Sunday 4th, was advised couldn't do anything as it was 'out of warranty', went on to advise them about Consumer Rights Act 2015 and how I was entitled to repair/replacement within 6 months of purchase if a fault occurred. The staff member (basically the owner's son) then advised that they could have a look at it and they'd be in touch. Subsequently got a phone call on Monday advising that they could sell me a replacement for £15. My response is below (by this point I found the owner's email address through their FB page: "Vape Shop, I am writing to you in relation to the Cool Fire IV kit that was purchased from your business, XXXXXXXXXXXXXX, on 2nd July, 2016. Subsequently I found that the device has developed a fault where it will not turn on or show any signs of functioning. This is despite normal operational and care taken when using the product. I received a call today from a member of staff at your store who advised that the business would be willing to offer a replacement for the product, at a cost of £15. I advised the gentleman that I would need to give this some thought. Though I appreciate the offer, I wish to decline the offer and exercise my statutory rights to a free replacement, under the Consumer Rights Act 2015, which makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality. As the item in question has developed a fault within 6 months of purchase, I am entitled to have the item replaced at no additional cost and I would request that you confirm that you will do this within the next seven days. I am hopeful that we can reach a mutually beneficial outcome, one where I would gladly continue to make regular purchases from your business, and that other potential customers are aware of your business’ dedication and care towards its customers. Feel free to contact me on this email address or on my mobile of XXXXXXXXXXX. Kind regards, Jimmy Jangle" Later on that day I get this: "Jimmy. I am sorry to hear you are not happy with our service , as i am sure if you speak to any of our other customers, you will find we go out of our way to give good service to our clientele. In this case , however, I am sorry but the cool fire has obviously been well used for the last two months. I strongly believe that this fault has arisen through wear and tear and as you yourself admitted , worked well when purchased. The "sales of goods act" states that; if the seller does not replace or repair faulty goods, you are entitled to a reduction on purchase price (which we have offered) or your money back MINUS an amount for the usage you have had of the goods. Judging by the scratches on the battery the usage was quite a lot. It also states that ; " if your claim under the sales of goods act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear. We like to have happy customers and would urge you to reconsider our offer of a replacement battery for a heavily discounted retail price of £15. I am afraid this is the best we can do in this situation and if this is not satisfactory to you, we will be sorry to lose your custom. Regards, XXXXXXXXXXX." My most recent response (Removed website addresses as don't want to be seen as advertising): "XXXXXXXX, Let me be frank; I know my rights, and have exercised them where required before, and always successfully I may add. I know many people who own and use a Cool Fire IV, and have seen theirs continue to function well for at least 6 months after purchase. My brother in law, for one, purchased his in January 2016, and still uses it to this day, and he uses his far more frequently than I did. That alone is evidence in itself that there is clearly an issue with the one I purchased, if it couldn’t last any longer than 2 months. Regardless of whether a device appears to function normally at the point of purchase, it remains the case that as the product has developed an issue through no action of my own within 6 months from the purchase date, I am entitled to a replacement at no added cost under the Act as discussed. Were the item to show age-related signs of degraded performance (ie. Battery capacity reduction), then I may be inclined to agree with your assertions. However, a device working that appears to work perfectly fine at near-full capacity one moment, then stop dead a matter of hours later meets the description of an item that isn’t fit for purpose). “Judging by the scratches on the battery the usage was quite a lot” The battery isn’t scratched – you’re referring to the housing in which the battery is contained. That is merely cosmetic and if any item would stop working because of a superficial scratch that was only on the surface, I’d stay off the roads as there’d be a few thousand cars that would come screeching to a halt in that case. If you could prove that the (minor) scratches were to be the cause of the fault – I’d be more than interested to see this. Furthermore, I should point out that you didn’t post the paragraph after the part regarding court action, I quote the paragraph in full: “If your claim is about a problem that arose within six months of buying the product, it's assumed that the problem existed at the date of delivery and it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.” – As I am claiming within 6 months of purchase, even if this were to go to court, the burden of proof will rest with the retailer, not the customer. As the manufacturer themselves provide a 90 day warranty (US only, but that isn’t relevant), then it can be assumed that a product that fails in a lesser timeframe has developed a fault. I would also like to point out that the “reduction on purchase price” actually applies to a situation where the money paid initially for the faulty item is refunded, less a deduction (however this only applies after the 6 months from purchase have elapsed) I am aware of my rights under the act (I am an established and very active member of a number of vaping and consumer-related websites, including XXXXXXXXXXX, XXXXXXXXXX, XXXXXXXXXX and XXXXXXXXXX to name but a few) , I have been completely honest about the situation, and am disappointed with the response given so far, which in the opinion of all I have discussed this with (including the aforementioned websites), is in total disregard of my statutory rights. In view of this, I have no option but to reiterate my stance, which I will not deviate from: Unless a replacement is provided under the terms of the Act within the next 7 days, then I will seek further action, up to and including issuing proceedings against you in the county court to recover the amount paid for the item at fault, with associated costs and statutory interest, with no further reference to you. I have already submitted a complaint to Cheshire West and Chester Trading Standards, and will make it quite clear via various local and national outlets (Vaping-related forums, Social Media, Press and TV), that your business does not take its customers’ rights seriously. Yours sincerely, Jimmy Jangle" Thoughts/opinions? I ask as it seems that new Vape shops seem to pop up a lot and are run by people out for a fast buck and have no grasp of basic consumer law...
  15. Hi all, Im totally new to this forum and wanted some advice from you all. I've done the necessary searches for a case similar to mine but couldn't find anything. Here goes: Contravention happened on Bright Road in Purley, Surrey. There are 2 red route bays there that you can park in. One has the times of 7am-7pm and the other is 10am-4pm. I was unsure as to which was which and stopped in the 10-4 one at 09:55, got out of the car to check the board with the times on (as it faces the pavement as opposed to the road) and got back in my car to drive around the block a couple of times to make up the 5 mins. Received a PCN on September 2015. Wrote a letter requesting CCTV footage for the time period between 09:55 & 10:00. I heard nothing back from them until September 2016 (12 months later) requesting £190 as the time had apsed to pay the original £65. I immediately wrote a letter informing them that since I received no reply, I assumed this PCN was null and void. The responded saying that they had sent out CCTV footage and I had failed to pay. I wrote another letter explaining that I hadn't received any correspondence to which they then sent CCTV footage (signed for Royal Mail) They then raised this with the County Court. I've filled out a TE9 and received a letter today from the courts saying that the 'Order for the Charge has been Cancelled'. The CCTV footage is only for the minute of 09:55 where I drove into the bay and semi-parked to check the times. They haven't given me any more footage after 09:55 to show that I had in fact driven off. My questions are: Can they send a reminder out to pay a PCN exactly 12 months later? Can they select what parts of the CCTV footage they can send me? Im currently on maternity leave and really cant afford to pay £200 for a fine. Can I fight this and on what grounds? Many Thanks in Advance
  16. Hi My poor little car had a poorly radiator so I bought another car, transferred my insurance in Nov 2016 and set about repairing the first one. The first clue I had that something was a bit amiss came late November when i tried to buy some temporary cover for that car was rejection as they declined insurance saying the car was Cat A/B. I have had this car 5 years.It has never been dented let alone had a serious crash so I thought they just did not fancy insuring a 2.5 L car on a temporary basis. The second was a keen buyer who wanted to check a few things out and never got back to me. I had no problem getting monthly cover from my main insurer who have covered it since Mar 2013 but it was pricey at £60 odd a 28 day period. So, i tried to advertise the car on Gumtree and they rejected it on the basis of HPI saying the car had been scrapped. A quick call (O.K. no call to Swansea is quick,35 menu options later) to DVLA got me a man who said that there was a problem with my car and I needed to fill in a form to find out what was on the record for my vehicle,no. He could not tell me on the phone, yes he could see the car had a valid MOT but I had to fill in the form to find out what the problem was (reply to my submission could take 6 weeks ) Then I could present my side of the story. So I returned in frustration to HPI to try and speed up the process. HPI told me my car had had a Certificate of Destruction issued against it May 2015. Bit of a shock, so I phoned DVLA who could see this car that had,according to them been crushed in May 2015 had been MOTd Oct 2015 and Oct 2016 and been insured continuously. I eventually got an email from DVLA ordering my car off the road and basically asking me to prove I still had the car and that it was the genuine article. So I had to provide photos of the Car with its registration plate, Photos of the VIN number and a pencil rubbing of the VIN number.I had previously sent in my intact V5c form stating they had scrapped the wrong car off. 2 loads of insurance later I have a letter from DVLA without the slightest hint of an apology admitting that my car is not the one turned into a steel door stop and demanding that I pay an enormous sum of money for back road fund license. Car is now taxed from the beginning of this year. Back in March 2015 I set up a Direct Debit scheme for the Road Fund License, they stopped taking it when they decided my car was scrap (usual practice so they say),I did not notice,you tend to look for things you do not remember buying on a bank statement not payments you expect. Equally they did not send out a "Oy, your road tax is due,pay up you bug**R" note March 2016, No Tax Disc to remind you these days,I always bought a new disc when they sent the letter out. O.K. So I should pay up,money is due,despite the fact none of the above was caused by me. Road fund must be paid but what about my costs and effort, I am looking at another 28 days insurance. I should have have been able to declare this car sold late November so no liability for road tax from then but I have had to pay for January despite being ordered off the road for half that. 3 and a half months Road Tax is about £90, phone calls ,letters and time.They want the full amount.I have listed the car on ebay to just get rid but do not expect it to achieve the price I had negotiated before the sale fell through. Is there any scheme that compensates me for the considerable losses on my part,for my expenses keeping the car legal and making it sale-able.
  17. I am disabled and have a vehicle for use by carers including my two daughters. I received a PCN dated 06/07/2015 alleging the offence took place on 10/02/2015. Furthermore, they had no photographic evidence showing the vehicle parked in a bay without a ticket, instead relying on the entry/exit photographs. My daughter who had the vehicle that day says that she got a ticket but she may have put an incorrect registration, albeit still a valid one. I have ignored their letters, but today received a County Court Summons. I intend to refute the claim because of the date I received the notice being 5 months after the `contravention` date, no photographic evidence of the car being parked in a bay without a valid ticket and that the system allows for mistakes in entering registrations which are still valid, but not the correct one. Any suggestions would be appreciated as I need to reply soon.
  18. Bought a 56 plate fiesta diesel 14th July. 2016 First problem we had was the alternator failed. The dealer replaced it within a couple of days. Now we have a more serious problem where it appears that the ECU has failed. This was reported to them on the 18th November and they collected it on the 21st November. The car is still with them and were being fobbed off with excuses. I remember seeing something on CAG saying that any fault found within 6 months of purhcase is deemed to be there at the point of purchase and the dealer is responsible for the repairs. Is this still the case? When they come back with it finally repaired and they want to charge me, I will pay it to get the car back, but can I then start a small claims to reclaim the cost. We're also having to hire a car for the weekend. Boris
  19. I qualified to become a driving intructor in 2012 and in Oct 2015 I gave my ADI badge back to the Driving Standards Agency (DSA) as I was no longer teaching due to being in a full time job. The DSA sent me a letter to confirm they received my ADI badge in Oct 2015 also confirmed they removed my name off the Driving Instructors Register. The DSA said in a letter I had ..."12 months from the date your name was removed from the ADI register on 30th Oct2015 to re-register without taking the driving instructor qualifying exams..." So in late Oct 2016 a few days before the 12 months was coming up, I sent in my application to the DSA to re-register, along with my card details for payment of £300. I also did a CRB check a few months before, which was required. The DSA received my application on the 27th Oct (The 12 months deadline was on the 30th, so they received it with 3 days left) I heard nothing for 2 weeks, then I received my application form back (stamped received 27th Oct 2016) and a letter saying my application was unfortunately being rejected because I had not made payment in the last 12 months (I was not teaching in the last 12 months - I had given my badge back and was off the register) as mentioned above. I called the DSA and was told I did not make payment within the 12 months deadline of wanting to re-register with my application form - I explained I sent my application within the 12 months deadline and my card details were on the form. I also explained I had a letter from the DSA from Oct 2015 telling me I had 12 months to re-apply from the date my name was removed off the register. I was told the ADI department was looking for my letter from Oct 2015 and would email me (which they did not) The next day I rang again and this time I again explained - I sent my application within the 12 months time period and wrote my card details on the application form. That my application was returned back to me stamped 'received 27th Oct 2106' - within the 12 month deadline. I was bluntly told my application was being rejected (even though I applied within the 12month period to re-register) because according to the the DSA 1. The DSA needed the 3 digit security number on the back of my card to take payment and they supposedly tried to ring me several times and my number was not working (I explained my number was working all the time and to ring me back to confirm it was working, but the person on the line said no). I explained I received no missed calls. 2. They said they sent me emails as well which I did not have in my inbox I was told bluntly I had to re-apply from scratch and do all the 3 driving instructor tests again and to re-qualify!! - I was feeling very angry because I did nothing wrong in my application and sent it in within 12 months. The DSA received my application on the 23rd Oct and the letter they sent me to say it was being rejected, was dated the 24th Oct, but it was sent out to me a via recorded delivery a whole 12 days later on the 4th Dec 2016 (why was my letter dated 24th Oct 2016 and then sent out to me on the 4th Dec 2016??) they wasted 12 days on purpose to send me the letter. The DSA received my application on 23rd Oct 2016, why did they not send me a letter telling me they needed the 3 digit security number from my card or why did they not send me a text message. The DSA received my application within 12 months and they should have sent me a letter to request my card details, if according to them my phone number was not working (which is a lie) I want to appeal the DSA decision on the basis of 1. I sent my application within 12 months of the deadline to re-register. 2. I need dates/times of the when the DSA called me and according to them my phone was not working (a down right lie) so I can get confirmation from my phone network provider to confirm my phone was working and they was no problem with the phone network - which would break the DSA false argument. 3. Why did not the DSA send me a letter to request the security number or try sending me a text message. 4. The DSA received my letter on the 27th Oct, (application form shows "received 27th Oct) - 3 days before the 12 month deadline. 5. Why did the DSA produce the rejection letter on the 24th Oct and take a whole 12 days to send it out to me on the 4th Dec via recorded delivery - they on purpose took 12 days to delay it being sent to me, so they could say I did not appeal within 14 days!! - thats how sneaky they are!! Please can you help me draft up a letter I need to send the DSA tommorow please
  20. Hi guys. Simply put. Parking fine - £82 Forgot to pay it. Went to a Debt Collector, who added their £75 on top. As soon as I got the letter and remembered the debt, I paid Stockport Council via their website The £82. I have an email proving so. This was October 3rd Just had a letter placed through the door tonight for.... The original debt £82 Compliance fee £75 1st visit £235 Total: £392. Am I missing something here? Clearly a lack of comms between the council and the bailiff. According to the law, do I have to pay the bailiffs' fees for a debt I paid 2 months ago? Thank you so much in advance
  21. Hi guys, would appreciate your help on this. I currently have 25K of debt which is being administered with Payplan. I defaulted on all accounts in 2012 during a separation. Next year I should be receiving early inheritance to the value of 25/30K So I would love to clear all outstanding debts and be debt free. However I would like to apply for a mortgage with my new partner in a couple of years and understand that companies like Halifax look at your credit file in fine detail. A - Should I clear all debts at 100% of value before the 6 year default period ends (a couple are offering settlement options now) B - Wait until the 6 years are up? Then ask for settlement figures Full/Partial I don't want to partially settle if it reflects badly with high street lenders in the future.. I really appreciate your help! Thanks Roj.
  22. The following is a short extract from a press release that featured on SCOOP yesterday regarding the trial of a debtor (Danny Williamson) who threatened bailiffs with knives and an imitation gun when they attended his property seeking payment of £1,100 for a fine relating to alleged traffic offences. From the report, it would seem that the debtor had claimed that he had not known of the debt. Bailiffs stated that they would be taking control of his vehicle. He was finally arrested at gunpoint by armed police. Judge Ian Graham handed Mr Williamson a 12 month prison sentence at Basildon Crown Court yesterday suspended for 18 months, and ordered him to pay £520 in court costs. Further details can be read here: http://www.basildonstandard.co.uk/news/14875264.Grandad_grabs_a_fake_gun_to_scare_away_two_bailiffs/ http://www.scoop.it/t/lacef-news
  23. I had outstanding council tax to Harrow council from a court hearing in May 2014. The liability order was passed to Newlyns Bailiffs who issued a Notice of Enforcement on the 19/08/2015. I paid the council direct in August 2016 and only the bailiff fees were outstanding. The council have confirmed that the debt has been settled and only £310 bailiff fees are outstanding. Made up of compliance £75 + Enforcement £235 Newlyns clamped my car on the public road then removed it 10/2016, they said they had sent a Notice of Enforcement 19/08/2015. This has also been confirmed by the council as the date of Notice of Enforcement letter being sent out. My understanding is that Taking Control of Goods Regulations 2013 9.—(1) Subject to paragraphs (2) and (3), the enforcement agent may not take control of goods of the debtor after the expiry of a period of 12 months beginning with the date of notice of enforcement. The Taking Control of Goods (Fees) Regulations 2014 17.—(1) The enforcement agent may not recover fees or disbursements from the debtor in relation to any stage of enforcement undertaken at a time when the relevant enforcement power has ceased to be exercisable. Newlyns have acted unlawfully by enforcing after 12months have passed and removing my car to recover the outstanding fees as the date of notice of enforcement 19/08/2015 is more than 12 months ago. I have emailed Newlyns and I'm awaiting a response.
  24. Hi all, My brother has bought a used fold away wheelchair made by Careco, from a lady who bought it in Feb this year for her mother but she has since been put in a nursing home and could not use the chair anyway as she could not control it. My brother has emailed the company to enquire about transfer of the 12 month warranty and has been told that this is not transferable so he is not covered unless he bought it new from them. There was an additional insurance purchased by the buyer for 2 years at the cost of £209. He has enquired about transfer of this but been told to contact the insurance company direct. I didnt think they were allowed to do this as its a statutory warranty ? The email is below ..... From: K Date: 30 October 2016 at 10:26:16 GMT To: T Subject: RE: CareCoContact Enquiry Dear Sirs, Thank you for your email, Unfortunately the warranty is with the person it is sold too on the item itself. When it is sold on or someone else receives the goods it voids the warranty. We are not able to transfer this from person to person. If you have any further questions in the near future, please do not hesitate to contact us We look forward to hearing from you Kind regards K Mobility Advisor From: T Sent: 30 October 2016 09:52 To: K Subject: Re: CareCoContact Enquiry Hi K I can understand the insurance side of it but as for the warranty surly it's on the item that was sold and not the person it was sold to ? Kind regards T Sent from my iPhone On 30 Oct 2016, at 09:27, K Dear Sirs, Thank you for your email, Unfortunately the warranty is not transferable from person to person. We are unable to do this on the foldawheel Powerchair. In regards to the insurance details you would need to contact the insurance company ***** ****** direct to see if you can swap the insurance over to your details. If you have any further questions in the near future, please do not hesitate to contact us We look forward to hearing from you Kind regards K Mobility Advisor From: Sent: 29 October 2016 21:34 To: [email protected] Subject: CareCoContact Enquiry Title: Mr Name: t Email: Telephone Number: foldawheel warranty transfer Message: hi i have just purchased a foldable electric chair from a ************* customer number is ****** please could you change the remainder of the free 12 month warranty over to myself mr t ***** ******* ******* there was also a 2 year extended insurance taken out policy number p******* i would be very grateful if this could be transfered over to myself any problems please let me know i can be contacted on *********or by email kind regards mr t
  25. My pensioner mum likes the theatre... For years she's been the full time carer for my dad who recently passed away and couldn't go very often. So to treat herself, we encouraged her to go more often. She decided to apply for one of the ATG theatre cards to get discounts on some of the tickets she was planning on booking over the next few months. http://www.atgtickets.com/theatrecard/ This card was taken out on the 15th Sept and the £35 yearly fee paid upfront. They set up a Direct Debit to automatically take the following years payment in Sept 2017 and was informed by the staff that if she didn't want to renew, she should just cancel the direct debit. After working out what she could save, and realising that most of the shows they wanted had restrictions on when and where you could use the discount card (crap seating or only midweek/matinee shows)... she didn't think she'd renew it next Sept and so instead of forgetting about it in 11 months time... She cancelled the direct debit in Oct. She then went to get some tickets for another show and they wouldn't accept her ATG card at the theatre, said wasn't being accepted. So she had to pay full price, and contacted ATG directly this morning to find out why. She was told point blank that her ATG card had been cancelled because she cancelled the direct debit... despite the fact that she had already paid in advance for a full 12 months. They were very unhelpful, made all sorts of excuses... customer drone said he'd speak to his manager and came back saying nothing he could do... My mum asked to speak to his manager, was told 'sorry he's in a meeting'... 30 seconds after he has allegedly spoken to him... So it's clear that he's not spoken to a manager and is just lying about it, or lying that they're in a meeting. So my mum asked what would happen if she set up the direct debit again... and was told they would charge her £35 for the year again... Now they've accepted £35 for 12 months use of the card, so a contract exists between them... for them to cancel less than a month later because she stopped the Sept 2017 debit from being taken... means that they have effectively 'stolen' that money and denied her the use of the card over the period of the contract. She is currently waiting for a return call from ATG (if the drone actually gets his manager to call... but I'm very doubtful as they seem utterly useless) I know she can call her bank and get a chargeback on the card payment she used to make the original... and should be able to get that £35 back. But where does she stand on the issue... they've taken £35 and then cancelled her contract without notice or justifiable reason... which to me is fraudulent. If they haven't contacted her today, on Monday we will be calling the bank and will also be calling the consumer show on 3 Counties radio as we are both very angry about what they have done... and I'm wondering how many other people have been screwed in this manner.
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