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Found 371 results

  1. Evening everyone I'm having a bit of a to-do with a car parts company that appears to have little concept of the SOGA and DSRs. After looking at the various parts and panels they list on their website, I rang them to order up 2 body panels for my car. I asked for 2 particular panels at £75 per panel, and they said postage would be £15, so £165 all in. When they arrived I found they had sent the wrong panels- ones which, according to their website, cost £70 each. I rang them up to say they had sent the wrong ones, and they then tried to blame me, saying I had ordered the cheaper panels, so I would have to pay to have the wrong ones collected and the right ones sent back out- they duly helped themselves to a further £30 off my card for the privilege. The courier came the next morning and dropped off the right panels and took the wrong ones away. I then thought about checking the receipt they sent, and noticed it really did say £150 plus £15 delivery...so I hadn't made a mistake then! Except that when I emailed them to say this, they said no, you definitely ordered the cheaper panels and it was a concidence that a mistake had been made and I should actually have been charged £140 not £150 for the panels! I then decided to see how the panels would fit and found that they were actually badly made and would not fit (not without me having to weld on extra metal due to them being badly made and trimmed too small). So now I have the right parts, but they are in fact unfit for purpose. I then emailed the company back (so within 7 days of receiving the goods) to say they were not fit for purpose, that I wanted a full refund and that the parts would be available for collection from Monday (start of this week). In their reply to my cancellation email the company owner said that as I had ordered the wrong parts to start with I must pay for the return postage on these faulty parts, and that when they do get the parts back I will have a 'handling fee' taken off the refund too! It gets better- they have no T&Cs whatsoever on their website and the only sale documentation I received was the receipt from the pdq machine stapled onto a company headed piece of paper with a brief hand-written description of the order. Having given them instructions about refunding me and collecting the parts, how long do I have to keep hold of these parts for collection? They are in the garage, so out of the way, but I would really want to get shot of them and never deal with this company again! Should I also wait the full 30 days to see if they suddenly realise that SOGA and the DSRs do apply to them and they refund me the full £165, and the extra £30 they took...or am I in for yet more disappointment?!? Thanks for any replies.
  2. I should give a brief explanation of the history behind this one.. In 2007 I was working as a self employed Roof Tiler and had a fall due to a hypo attack whilst working at height . ( I am a type 1 Diabetic) This resulted in injuries including some to My back which meant I was unable to work.. I went through to early 2009 not working or claiming Any benefits at all.. After X rays ect it was decided I would not be able to continue in the job I had done since leaving school 37 years earlier.. So I started to claim ESA which lasted for about six months and I was then booted off the benefits as they said I was no longer allowed.. So late 2010 I went back to work in Roofing... I lasted 3 days and had a breakdown due to the fact I could not go up at heights again... So once again I went reluctantly to the Doctor who started treating Me for depression. And once again I am on ESA. I have been diagnosed as having clinical depression and am having treatment for it. Yesterday I had to go to ATOS for a medical and during the questions the Doctor conducting asked if the Fall and events of 2077 were connected to the depression I am being treated for at this time ?? I said possibly ? So now my worry is if the two things are connected which in all honesty they likely are will I be kicked off again as the whole episode will be classed as one ? IMHO they are connected but are totally separate entity's connected by consequence ?? Is it the job of the medical examiner to try and link things like this together ?? I apologise if this sounds like I am simply after money but prior to these incidents I worked full time and hard for 37/38 years !! I am trying hard to get past this episode and really want to return to work but its taking a little time.. Thanks .
  3. http://www.channel4.com/programmes/dispatches/episode-guide/series-111/episode-3 Channel 4 - Dispatches - The Truth About Leaseholds - Monday 20th August - 8pm Should be interesting viewing for those involved in leasehold/service charge disputes. Andy
  4. Hi i purchased a new car today and the salesman showed me a video about Gardx and asked me if i would like the car treated with this at an extra cost to myself of £299. He explained that after my car has had the treatment, Gardx are so confident that the product would protect my car from any scratches, that they would come out and repair any damage should this occur. After reading some posts on this forum about the product i am a little concerned. I did not receive any paperwork to say i had had this treatment, nor did i receive a separate receipt (the cost of the treatment was added to the price of the car and is shown on this receipt) The only things they did give me were a car care pack with some fluids in and a voucher to use against my new car should i wish to trade it in, in the future. If anyone could give me any details as to whether i should have received any other documents for this treatment i would be most grateful. I do have the option to return the car within 7 days if i am not happy with it although it states i will have to pay for any mileage used, if i find i have been mis-sold a product, do i have the right to return the car and refuse to pay for the mileage?
  5. Please read this first about Swift Money before you apply for a loan with them. I am going to include a copy of my emails and their replies to them. They barred me from applying to any more loans for making a query or posting a comment about their policies. You will see from their replies that they act like a dictator in the way they run their business and give no thought to any of their customers. They charge £25 for a same day advance even though the banks offer it for free nowadays under the faster payment system which every other payday loan company use. They are a complete rip off so please don't use them unless you have no other option. But still i would stay away from them. You can also see from the emails below that i was accepted for the loan if it's not for me being off work sick today, and then they turn me down because i raised a query. Please read below my emails in blue and theirs in red. We can lend our money to however we wish, and should we choose not to deal with someone due to their attitude, we are well within our rights to do so, as the OFT will tell you. Thanks Kind regards! From: Sent: 09 August 2012 15:15 To: Info Swift Subject: Re: Loan status That's fine i will see what the Office of Fair Trading, and Financial Ombudsman, and every consumer advice site have to say about the way you treat customers that make a complaint. Thanks, From: Info Swift To: Sent: Thursday, 9 August 2012, 15:20 Subject: RE: Loan status Tamer We request that you take your business elsewhere, we will no longer be processing your application. Many thanks Kind regards Swift Money From: Sent: 09 August 2012 14:42 To: Info Swift Subject: Re: Loan status I'm sorry i wasn't aware that i am not allowed to make a complaint or raise a point or query if you wished to do so. Tamer From: Info Swift To: Sent: Thursday, 9 August 2012, 14:47 Subject: RE: Loan status This is the second time you have made a complaint about our service. Please be aware that our underwriting rules are in place for good reason, and will not be reviewed. If you wish to apply when you are back in work please feel free to do so, if you are displeased with the service then please be reminded it is optional and there are other lenders that may operate differently should you choose to use them. Regards From: Sent: 09 August 2012 14:22 To: Info Swift Subject: Re: Loan status Thanks for the reply. But i find the rules to be strange and contradicting. It's OK to be on holiday but yet not OK to be off sick even though i'm still fully employed and in current employment with my employer. I mean i am back on Monday and can apply for the loan and be accepted for it and then go off sick for a recurring illness or a new illness, how will that affect my loan then? I think your rules need to be reviewed. Holidays, and sicknesses need to treated the same way and not separately from one another. Thanks, From: Info Swift To: Sent: Thursday, 9 August 2012, 13:46 Subject: RE: Loan status Hi I still havent been able to get through - I havent tried for an hour so I will try again in a moment - fingers crossed Many thanks From: Sent: 09 August 2012 13:38 To: Subject: Loan status I would like to get an update on my loan application. I have tried calling but the line is constantly engaged. Sent from Yahoo! Mail on Android
  6. Hi, a few months ago a large van was going to cause a head on collision with me (he was travelling across to the wrong side of the road). I managed to swerve in time but unfortunately hit the wing mirror of a parked car. I stopped and the owner of the parked car came out. There was no damage to my car. The van driver also stopped down the road and came back to see what he had done - he knew he had been the cause. We both asked him for his details which he refused and he fled the scene. We took his reg no, I also took photos of the damage. When the man with the damaged wing mirror made a claim against my insurance company he added other damage which was on his car. I told my insurance company that I had only damaged the wing mirror and they asked if I would be agreeable to paying for a new one. I said yes. Since then they have paid out £1900 to the man whose wing mirror was damaged. My ins co also accepted his claime for other damage without contacting me. I will now lose my no claims bonus when my insurance is due. As the money has been paid out is there anything I can do? I have the photos I took at the scene.
  7. My dad has a charging order on his house for around 5k, and for the last few years he has been trying to get info, as he didnt know it had been applied for, or a ccj given or anything of that nature. Having finally found from the dca who the orginal creditor was allegedly, the original creditor is adamant that my father has never had an account with them. The fos was due due have a final adjudication on this friday, which we will hopefully hear about this week, but how do we stand with having the charging order and ccj set aside in these circumstances, should they rule that the account never existed?
  8. Hi Guys, Just a general question if anyone knows anything about holiday claim back. I've booked Christmas Eve off from work as 1 full day's holiday, I've been told by a colleague they usually shut on christmas eve and let everyone go home on 1/2 day (12pm on an 8-4 shift), They told me they don't allow anyone who's booked the day off full to reclaim half a day holiday (or haven't in the past) yet anyonewho's in get's a free half day hoiday as "Gift". As they claim this is a gift from the company do I have any grounds to reclaim half a day of my holiday as I was not able to accept this "gift" as such. Thanks Steve
  9. The Co-operative Bank are marching me to the top of the hill and down again like the Grand Old Duke of York! Prior to learning the error of my ways (from this site!) I wrote to them in April asking if I had been charged PPI on a credit card. I quoted the card's 16 digit credit card number in full. I received a reply from them at the end of May which contained the following comments: Having reviewed our records, and from the information provided by you, I have been unable to trace any credit cards in your name that included PPI. I have enclosed copies of statements as evidence of this. Although we are only obliged to keep records for six years our statement records actually go back to January 2000.With this in mind we are unable to pursue your complaint further and accordingly we have closed your complaint on our records. If however you can provide us with copies of any statements from prior to 2000 which show that PPI was included or any other documentary evidence to support your complaint we will be happy to investigate this matter further. Etc. Etc. Etc. With this letter they enclosed barely legible photocopies of 5 statements from the period 2000 - 2004. Having subsequently read up on this site I sent them a SAR and £10.00 postal order on 1 June. I have received their response, by letter today. The have returned my £10.00 postal order and state: Regarding correspondence received 8 June I am writing to advise that we are unable to locate any accounts, loans or credit cards for the customer on file. Please can you provide the full 16 digit credit card number, or sort code and account number, the dates the account was opened/closed if known and any previous addresses held. Please also enclose details of any name changes. I'm getting the runaround here. How do I respond please? They have got records, back to 2000 and they have confirmed that in writing. How do I stand on the 40 days with the SAR? Do I send the postal order back when I respond? How many deep breaths should I take before I respond? All advice gratefully received. Thanks.
  10. Evening all I thought i would post a new thread as i need as much accurate information as possible! Me and my girlfriend have decided to buy a house, I need some information as she has a great credit score and has been accepted in principal for a mortgage we need, I have a very bad credit score defaults etc... So how does this work so we can protect her great credit score: Am i right in saying as long as we dont no apply for something jointly we will not be connected financially? If this is correct how do we go about, Council tax etc Can i get my mail to my new address( My debts) Thanks in advance for your help Im on a journey!
  11. Hello all. If any of you have read my other thread http://www.consumeractiongroup.co.uk/forum/showthread.php?355576-Am-I-able-to-request-a-change-of-duties&highlight=plantar+fasciitis you will know that I have been suffering from plantar fasciitis for several months now. Unfortunately, after putting up with the agony of the condition over this period and attempting to change my duties in work, I am seeing little if any improvement in the condition. I have recently had a verbal warning from work due to the time off I have had to have with the condition and if I take any more time off on sick in the next 6 months, the matter will be escalated. As a result of this I can't see any other option but to resign but, as someone that has always worked, this is something that to be honest scares me and have to knowledge of. I'm hoping someone can give me some advice as what sort of benefits I would be entitled to claim and how much it is likely to be? Would there be a waiting period before I can claim if I resign (as although I can no longer do my current job I'm sure I would be able to do work which involves sitting down which is something I would be actively pursuing). Some information that may help: I have been in my current job for around 7 years and have been in continuous employment for around 11 years. I live with my partner. She works full time but is only on NMW. I have joint custody of my young child (this is something arranged between ourselves not a court) and lives with me 50% of the year (although all benefits for her is claimed by her mum so I assume that she wouldn't count) If there is anything else you need to know then please let me know. Thanks for any help.
  12. Compliments of Nev - a tireless worker for the rights of motorists in the UK I have an idea that the BPA at some point claimed that there about 36,000 cases per year? Maybe someone can correct me Data (2).xls
  13. This relates to an old MBNA card debt (opened in 1995) which was sold to Link. Every so when they have been in touch with me seeking payment and I tell them the debt isnt enforceable and they disappear for a bit before reappearing. Now my case with them seems to have gone off to their Welsh office and I seem to have a bit of a rottweiller on my case. Typically I have told them that the agreement is an application form and so not enforceable - I know HSBC v Brophy. But the main head of complaint that i have raised is the separation of the sig document from the T&Cs - these have always been sent to me as two separate sheets of paper. I have quoted Tuckey in Wilson and Hurstanger at them, to the effect that the prescribed terms should all be within the four corners of a single document. Also Langan in BoS v Mitchell in which he says "The key words in Section 61(1)(a) are the reference to a document itself containing all the prescribed terms, and conforming to the regulations under Section 61. This language is clear and specific, and ensures that mere reference to terms contained in another document will not suffice. The document must contain the prescribed terms, just as the signed document referred to in Section 127(3), which might save the day, must however contain the prescribed terms. " In short I have argued that they have sent an application form which has my sig but no t&cs on it, and a set of t&cs - show they are connected They spend most of their letter rebutting the application form argument and taking me through the 83 regs to show the T&Cs they have sent comply. But when they address my points re Tuckey and Langan, and the connection between the application form and the T&cs , they say something quite interesting "As to the cases you refer to we are fully aware of the judgements therein, however your position remains utterly misguideed and for the avoidance of doubt the terms and conditions are part of the Credit Agreement Document, that there is two pages of that document is not relevant. You may consider from reading the front page with your signature thereon, namely your own declaration that there is no requirement that the terms and conditions be signed and it is entirely sufficient that you declare your agreement to them when penning your signature". What follows is the ususal litany of threats - we would not wish to enter into futher correspondence - doesnt say they wont - and will now consider referring the matter to our solicitors with a view to .... - doesnt say they will. What I really dont understand though is the bit I have highlighted in bold since the sig box declaration says "This is a credit agreement regulated by the Consumer Credit Act 1974. Sign only if you want to be legally bound by its terms" Interestingly it also says "Once you have signed this agreement you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by the Bank" which kind of suggests to me it wasnt part of what I signed, suggesting the T&Cs werent part of what I signed. Concerning the section before the part I highlighted, Waksman states in Carey (s173) Agreed Principles The parties in Carey have helpfully agreed the following principles. The fourth one was added by Mr Uff, with their agreement. No other party takes issue with them. The OFT has formulated the matter in a slightly different way but accepts these principles are close to its position. (1) It is not sufficient for the piece of paper signed by the debtor merely to cross-refer to the Prescribed Terms without a copy of those terms being supplied to the debtor at the point of signature; (2) A document need not be a single piece of paper; (3) Whether several pieces of paper constitute one document is a question of substance not form. In particular a physical connection between several pieces of paper is not necessary in order for them to constitute one document; (4) Additionally, a physical connection (or one or more physical connections) between several pieces of paper does not necessarily constitute them as one document; (5) Accordingly, where the debtor's signature and the Prescribed Terms appear on separate pieces of paper, the questions of whether those pieces of paper together constitute one document is a question of substance and not form. So following (2) of these agreed principles they are right, but considering (1) there is no reference to T&Cs on the application form. I am therefore inclined to write back to them (notwithstanding they say they dont want any further correspondence) pointing to the above in Carey and that they have presented no evidence to the effect that there is a connection between the form and the T&cs sent when I signed I agreed to be boudn by the CCA 1974 and that was all it says I would though be grateful if some critical friend could offer an opinion first. Thanks SFU:???:
  14. Hello all. I am seriousley thinking about going self employed, I have been on jsa for 12 months now in that time i have recently had a break from it as i went on a overseas holiday. Whilst there i did some thinking and i really watch to get of the jsa cycle as its just crappy to live on and demorilsing. Since my return and (recent) i have made a rapid reclaim basically as i need to ensure i one have some funds to live of and 2 to get the help i need to pay my rent and council tax I was self employed a few years back and stuppidly had not heard of working tax credits so never applied for them, This time i will try for them But more importantly and why im posting is back then i had no rent or council tax bills to cover (Mums n Dads r g8) But now its diffrent and i do have them responcibiltys, my requests for help revolve around this I dont expect to earn much in the first 6 to 12 months of trading I expect to live of my working tax credits top up as well as my minimal wages I called turn2us.org and they said i should get full housing and council tax benifit whilst my earings are low I belive i will need to show the h/b office proof of earings every 3 months, Can someone explain how you write your books out to show what you have earned as this is were i struggle to understand, what do i put as in if i earn 30 quid and it cost me 15 on fuel ect how do i write the 15 as a for instance weekly wage if that was all i earned that week Also in addition to that question would i be entilted to the run on for 4 weeks of housing benfit even tho i have just had a 2 week break in my claim? thanks to all that contribute to help out
  15. Hi everyone, I have a default on my credit account which is 6 years old on the 1st July. My question is, the default was applied on the 1st but I partially settled the balance in November. What will show on my credit file after next month? Will it just show the PS or will the default still show until the PS falls off in November? JJ
  16. in case you have not noticed i am a postman and had a problem at work thast i need some advice about . we told the manager before we went out we would struggle today and all he sadi was try your best . at nopoint did he say excess (overtime was payable) most people would do it . but we have been told there is no excess and this morning none of them said you could claim excess . subsequently we cut off at finishing time and went to report to a manager who prompty turned round and said go back out and complete or we shall the the conduct code . My question being is we know sometimes overtime is required and we will do it but as soon as he sadi you will go out or we disapline you i believe he crossed the line in saying this because it made the overtime compulsary ot face damage to your employment
  17. I sent a ppi letter to Haliax to see if their was anthing to claim back from my cc, after a few weeks they requested £10 which I sent. I got back 13 lines of late fees dated from 2004-2008. I am on a DMP with them and had hoped to repay some of the monies owing them with ppi reclaim. The letter goes as, 'Further to your letter of 23rd April 2012.I am pleased to enclose the information you requested.I hope this has provided you with the details you require'
  18. I posted about my issues with a co owner of this house, back in June 2011. http://www.consumeractiongroup.co.uk...father-at-risk To cut a long story short I co own a house, with my father and uncle The house has a tenants in common house deed, it was purchased for £180,000 My father put down a £40,000 deposit, making the mortgage some £700 a month, for £140,000. (£20,000 was also spent by my father and I, on updating the house) The mortgage was supposed to be paid by myself and my uncle. The uncle stopped paying his share back in October 2010, we didn't find out till April 2011, as he'd been intercepting the mail and phone calls, we only got wind of the problem when he happened to be out one day and WE got the mail about the arrears (Some £4500ish) The uncle moved out in May 2011 and we've been paying off the arrears and mortgage, by renting out two rooms in our home. Here's the problem. We have no trust deeds setup on the property/equity, which I believe we should've got when we purchased it. We obviously weren't expecting things to go pear shaped, but I want to sell the house, because we barely scrape by each month and we can't remortgage to get the uncle removed from the deeds, because my dad is now to old to get a mortgage in his name AND because all our credit has been ruined by him keeping the arrears hidden from us for half a year. But, if we sell and have no trust deeds, does that mean each of us gets an equal share? Or would my father get back his £40,000? and the £20,000 spent on updating? My uncle never put anything into the house, money wise, so I'm wondering if there's a way to sell, without him getting anything, given how much of a mess he's left us in
  19. Hi All, We have a pending court case with our LL for the deposit of our old property that we let off him. He and the Agent acting badly during the end of our tenancy and I have proof that the Agent has lied and harassed us to get us to relent the deposit. I am preparing our defense for the court case and sent a letter to the Agent that read this on the 24th of May by recorded delivery: We wish to make a complaint about the conduct of ******. 1. We have found that you are acting on behalf of our previous landlord in recent court procedures in that you have provided services akin to that of a legal representative as detailed in our letter dated 24th of May 2012. 2. On our leaving of the property we received no written guidance from you about the end of tenancy. This led to a confusing time in which we repeatedly requested an exit survey considering our Landlord’s concerns. This was ignored and your employee ****** made it clear than considering ****** did not manage the property you could not be involved. 3. The supply of a previous signed document being sent to us as an original which you later explained to be an office error. We feel that this practice, along with your recent involvement, leads us to believe that you were never impartial during this process. 4. You rang us repeatedly in the evenings during January during a period our baby was only 1 month old and my husband was on paternity leave. We requested that communication needed to be in written form yet you repeatedly ignored this and continued to telephone us. We found this extremely stressful. You stated in your last communication that you have been trying to call us again during April 2012 despite our repeated requests for all correspondence to be in writing. We have not received these calls. We find these allegations of ignored communication to be untruthful. 5. We requested breakdowns and verification of invoices which you have not supplied and you have informed us that we do not have a right to request this. 6. After one month of trying to resolve this matter we escalated this to the T.D.S which is fair and reasonable thing to do as we had been ignored by the LL evident in the e-mail communication. You informed us that we had annoyed and angered our previous landlord in doing this and that you recommended he choose court action over the T.D.S. This was after allowing the T.D.S five weeks of involvement. This has subsequently delayed and increased costs to all parties involved. 7. You have supplied and worked as an adviser to our previous LL in that you have served the court papers, personally visited the courts and served his Particulars on his behalf. We feel that your involvement in this matter is a conflict of interest. 8. You stated in your last e-mail that you had already supplied the Particulars on his behalf and along with this had contacted us to make sure we had received this. We ask for proof of this as the method of service of this document must either be by recorded delivery or hand delivered according to CPR Part 7.5. We consider this to be an attempt to ‘blacken’ our character in front of the courts and that you are acting without integrity. 9. We feel that your involvement and actions have compromised your duty of care toward us as previous tenants. By acting on behalf of the LL we have consistently felt pressurized into giving up our deposit without clarified reason on 219 Seymour Avenue. 10. We never had a response to our last communication dated 18th of January 2012. Could you please process this complaint via your internal complaints procedure along with confirming which membership you hold either with the Members of The Property Ombudsman (TPO) scheme or the Members of the Surveyors Ombudsman Service (SOS). Yours Sincerely This, although signed for, has been totally ignored which to be honest is in keeping with the poor practice of this small Agent. I know through my own research that they are part of the S.O.S and wondered where I could take this complaint from here. Do I have an option to take them to court for malpractice or negligence?
  20. Hi all, If I can't sleep I think about the Universe and how vast it is. For example, the Voyager 1 space probe (launched in 1977) is now over 11 billion miles from Earth, but hasn't left our Solar System yet! The Milky Way Galaxy is 100,000 light years across. A light year is the distance light travels in one year, at 186,000 miles a second. Keep thinking about numbers like that, and your mind will be completely boggled. It puts me to sleep when that happens, so may work for you too.
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