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  1. Hello, I’m desperately seeking help regard a claim with my travel insurance. Here is my situation: - Policy: Economy Light (attached) - Insure and Go is the insurance company - Incident while abroad: Money and travel documents stolen from inside our hotel room in Lyon, France, on the 1st night of the trip (22nd December 2017). Unfortunately they were not in the hotel safe. - Travel plans: The trip was originally organized in 2 parts: o 1 week in France: starting in Lyon (where the theft happened) and going to the south of France (Nice, Marseille and Perpignan) o 1 week in Morocco: Departure from Perpignan to Marrakesh and flying from Marrakesh back to London Luton. - Consequences of the incident: Cancellation of hotels in south of France (as we had to go to Paris instead in order to sort new passports) and complete cancellation of the Morocco trip as we couldn’t get passports in time. Extra accommodation and tickets to get home to the UK from Paris (1 week earlier as we missed the holidays in Morocco). - Claims I made: o Section I3: Passport and Travel documents: Seeking for payment to replace the documents (£100 each) o Section I2 - Personal money: Seeking for payment of the U$450 stolen o Section J - Cancelling and cutting short your holiday: Seeking for compensation of having cut my trip short because of the passports being stolen - Response from the Insurance: o Section I3: Passport and Travel documents: They agreed to pay but under this section it’s saying it includes all the extra expenses incurred in order to replace the passports (£100 doesn’t even cover the costs of the new passports, let alone all the extra expenses!!) o Section I2 - Personal money: They are saying there is an exclusion for this: (4. Cash or passports that you do not carry with you on your person (unless they are held in a locked safety deposit box).)"- so I guess I won’t be able to get this money back. o Section J - Cancelling and cutting short your holiday: They are saying that passports being stolen is not in policy as a reason to cut the trip short (which for me is more than absurd as without a passport you cannot travel!). But I don’t see it in the exclusions. They are saying that only these reasons are covered: "Travel and accommodation expenses that you have paid or have agreed to pay under a contract and which you cannot get back, including any local prepaid excursions, tours or activities, if it is necessary and you cannot avoid cancelling or cutting short your trip; and reasonable extra travel costs if it is necessary and you cannot avoid cutting short your trip." I really feel that passports being stolen affect the trip and in my case made me miss flights and my trip and accommodation in Morocco. - Costs incurred: Amongst hotels we missed, extra accommodation in Paris, flights missed and extra ticket to get back to the UK we spent over 2,000 euros! Is there anything I can do to get any compensation under Section J (or any other section that apply better to my situation)??? I’m considering to raise this with the Travel Ombudsman, but not sure how to approach. Please help.. this has ruined my Christmas and my 2 weeks holidays and I’m trying to get a sensible response from the Insurance, but so far I only got “rejections” of my claims. I would greatly appreciate any help or suggestions you can give me! Travel Insurance Policy.pdf
  2. Hi all, I'll get straight into it. I bought an Approved Used Audi S3 (2015) from Watford Audi on 29/11/17. Car was listed for £24K, I paid a £500 deposit which included the £350 GAP Insurance. I was also intending to drop a £3,000 Deposit on my first monthly outgoing, bringing the payment down from £457.66 to £378.92. I SPECIFICALLY asked the dealer I was assigned if the car was standard as the exhaust sounded very sporty, I thought it possibly could've been a sports exhaust. He assured me the car was STANDARD. I go ahead with the sale on a 49 Month PCP with Blackhorse Finance. Not but 3 weeks later, I am pulled over to the side of the road by a Police Officer who claims my car is excessively loud and urges me to get the vehicle independantly checked. I get the car checked & what is brought to my attention? A centre silencer box has been REMOVED and a straight piece of pipe welded in its place. NOT STANDARD. This classifies the vehicle as "not as described" under the Consumer Rights Act 2015, classing it as unsatisfactory. With this information, I write up a Rejection letter for both Audi Watford & Blackhorse Finance. On 27/12/17 I personally hand the letter to the Sales Manager at Audi, with my partner recording the entire event for proof of delivery. The manager comes off as very apologetic and says he will need a day or so to process through the request and get back to me. A couple of other Sales Associates at Audi get in touch with me via phone so they can arrange for the car to be brought in for inspection. The car is picked up, inspected & delivered back to me with the outcome being that there is in fact a NON-STANDARD modification to my apparently "standard" Audi. Being the New Year, it takes up until Today 02/01/18 for Stephen to get back to me & deliver me the news that at this current moment in time they are "refusing" to accept my rejection of said vehicle. He states that as the problem is not a performance enhancement nor causes any catastrophic failure to the vehicle, it is "fit for purpose" and the rejection won't be happening. I state that I am well within my rights to a rejection as the request for rejection was given to him within 30 days (with proof) which means I have a Short Term Right To Reject within 30 days of purchase, according to The Consumer Rights Act 2015. He explained to me that the current plan is to go ahead with a repair/compensation style of agreement, to which I refuse to accept & state that I am within my rights to refuse this offer and receive a full refund. As it stands now, Stephen has told me that he will need another day or so to take it up with his management to try and source my preferred outcome. Blackhorse Finance know about this situation and they have urged me to try and settle it with the dealer first before they can get involved. What are my options at this stage? To the best of my knowledge I have a right to reject within 30 days as the vehicle is not as described & I am allowed to refuse their offer to replace/repair the car within 30 days and receive a full refund. Help would be greatly appreciated, I smell a court case
  3. Hello, I am looking for some advice please. I have a standing order weekly to Fedex Europe paying off some outstanding import tax, however today I have received a Notice of Enforcement asking for £958 - includes a number of charges! I can happily print off the invoices for these payments and get these off to them, but I need to know what I can do re the letter? I have emailed them today asking for confirmation of whether any payments have been added to this account. I have until 31st March to get this sorted. Please advise. Thanks
  4. Posting on behalf of my partner who has experienced an issue with unauthorised transactions on her HSBC current account. Between the 10th November and the 13th several transactions were made at a local coop supermarket to buy goods and get cashback as well as one ATM withdrawal of £130. Upon discovering the transactions had been made my partner immediately contacted HSBC and reported the card as stolen and went through their fraud process aswell as reporting the theft to both Action Fraud and our local police. Now, I was under the impression that the FCA guidelines stated that HSBC should refund the transactions my partner has raised yet they refused to do so "pending an investigation" Also as these transactions pushed her into an unauthorised overdraft she is STILL being charged a daily fee which HSBC refuse to freeze. Yesterday my partner received a phone call from the HSBC fraud department stating the case was closed and they were finding her liable as the card was present at the time of these transactions and her correct pin had been used. I fail to see how this can be the case as at the time of these transactions we were hundreds of miles away from where they were carried out and my partner can prove this as she made a payment using apple pay in a store 300 miles away around the same time that there was an ATM withdrawal! I have spoken to the bank on her behalf this morning as she is a vulnerable adult with learning difficulties to be told that all HSBC can do now is lodge an appeal against the fraud teams decision which can take anything between 6 & 8 weeks. What is my best course of action to at least get the overdraft fees waived or frozen as I have now given up the hope the bank would have a soul and realise this is a genuine case of fraud against a woman who is suffering serious mental anguish aswell as financial hardship due to their frankly callous and uncaring attitude. Any help appreciated, thanks in advance!
  5. Hi, Everyone, first off, apologies if this is in the 'wrong' place, but was really unsure where to post this. step son purchased a bike from Halford back in Feb this year (2017) for £750, not a small sum, he has experienced a few issues, but more recently, he has been having issues with 'loose' pedal arm/spindle, I am not sure what the technical term is, the bits that go through the frame and the pedals are attached to! Well this part has become loose, he has been in a couple of times to have it tightened up, again today he had to take it in, the guy that spoke to him has said that as far as they are concerned, it is classed as general wear and tear he has to pay for the parts as the warranty does not cover such things. This is nonsense, first off, he only used it 2-3 of times a week to get to and from work, which was the reason he bought it in the first place, on the bike to work scheme (I think that's what its called) after around 4 months he suffered quite a bad a leg injury, which meant he could not walk properly and could not ride at all, the treatment and healing has so far lasted for about 14 weeks and he has only recently, in the last 2 weeks, started to use the bike again, 1-2 times a week as the doc said it would be ok as long as he did not overdo it. I wholly believe, this is absolute nonsense, and that Halfords are shirking their responsibility to repair this bike under the warranty. What I would like to know from anyone who has more knowledge in this area than myself, is what we should be doing (in the right way) to convince and persuade Halfords that they had better step up and sort this out, and if they won't, what do we do about it. I have done some reading but as often is the case, some of it confused me more than helped, so am asking for some guidance and direction on where to start looking and pointing and what actions to take and follow up with. I thank everyone in advance for their time and very much look forwards to some input and am happy to answer any questions anyone may have. Mr Brooks
  6. Good morning,I am looking for advice on where I stand legally when landlord is trying to claim all of my deposit on a property I have now left. I lived at the property for seven years but was given one months notice to quit on October 4th(rent due on 5th of month) as the landlord informed me that she was selling the property after failing to remortgage it. I told her that I believed I required two months notice but she said that I was wrong,however I cooperated with many viewings on the property and was informed that the property had been sold and vacant possession was required. The sale fell through and she then said that she was in no rush for me to move. I found a property for which she gave me a good reference and I left the property on Nov 4th. I applied for my deposit through the DPS scheme,claiming back the full amount of £856.49 but she has declined the full amount for the following reasons: 1.Rent arrears of £550.00 which I assume would be for the month Nov/Dec as my rent was always paid in full to the date I left and had never been in arrears. 2.Missing items £250.00 - The check out inventory was not done by the landlord so I am unsure what she is referring to.The only items that I am aware of are a washing machine and a dishwasher.These items are no longer there as during the tenancy the items broke and the landlord was informed at the time and I was asked to dispose of them.I have text messages to confirm this. 3.Gardening £50.00 - The garden was left clean and tidy,the only exception being fence panels that had fallen during storms,I also have photographic evidence of this. I am not sure how relevant the next point is but when the estate agent selling the property spoke to me he asked for a current gas safety certificate but the last one I had was dated 2014.He informed me that this check has to be done by law every year. When I left the property I left new flooring and carpets that were purchased in August this year,everything was left clean and tidy,the only damage being structural i.e.severe.damp on a number of walls and ceilings,guttering broken, leaking pipes and upstairs electrics not working..The landlord had been informed of these issues but had taken no remedial action. I need to know if: 1/ I am liable for the rent arrears as she has claimed or can I leave during the notice period. 2/ Is she in breach of contract for not doing repairs or failing to carry out the yearly gas check. I realy cannot afford a solicitor and need to know my best course of action. Thank you.
  7. Hope this is in the right place. If not, Admin please move. My son and his girlfriend moved into their first flat 4 months ago. They have been very happy there but now the weather is getting colder, they have tried to put the heating on and there's something wrong with the boiler. They have had various conversations with the Letting Agent who sent round their plumber last week who has condemned the boiler, saying it is beyond reasonable repair and requires replacing. The Landlord is refusing to accept this and won't authorise the repairs. The letting agent say their hands are tied until they can get an agreement out of the Landlord. Meanwhile the flat is getting increasingly damp and is freezing cold. They have tried to get hold of the CAB and the local council but to no avail. I've told them to continue to pay their rent but that I would see if I could get them any advice on what they can do. Any ideas?
  8. My son bought a vehicle approx 6 months ago. After 1 week the vehicle broke down and it was returned to the dealer for repair under the warranty. They had the vehicle over one month and then it was returned. The same problem has occurred. The warranty has now expired but the fault on the car was quite a major one and I believe the work should have had some form of guarantee but the dealer is refusing to provide information on the work carried out and where the repair was completed staying that due to data protection they can not provide this and that they do not keep records. This all sounds dodgy and I would appreciate some advice on where to go next . Many thanks
  9. We have had numerous issues with a caravan purchased from a dealership in less than a year we have had approximately 44 issues with the caravan with several issues being serious. Four of the issues resulted in the front and rear panels being repaired and then replaced. The advice I got from a lawyer was as follows; Although I appreciate you approached XXX Caravans to supply you the caravan, as you took out a hire purchase agreement with Black Horse, they are the retailer of the caravan. T herefore any rights you have under consumer law are to be exercised against Black Horse and not XXX Caravans. Under the Consumer Rights Act 2015 Black Horse have an obligation to ensure the goods supplied to you under a contract are of satisfactory quality. This means they should be fit for their purpose, free from minor defects, safe and durable. For the problems you have described in your email it would appear this is not the case, as a result Black Horse are in breach of the contract between you. I have always been under the impression that the supplier is the retailer and that the contract is between the consumer and the supplier and if there are any issues I need to approach the supplier and not the finance company although the finance company do have a responsibility. As we have had so many issues with this caravan which appears to be a Friday afternoon lemon made from left over pieces of other rejected caravans, we are considering rejecting the caravan even though we have had it since July 2016. The £1000 deposit was paid using a credit card with the balance financed by a trade in and HP. The caravan cost in excess of £30000. We have had approximately 100 days usage from the caravan. The question is whether the advice from the lawyer is correct or not? Thanks.
  10. In October 2015 we ordered a new Buccaneer Cruiser caravan and paid a deposit of £1000. The caravan is due to delivery within the next few days. We chose this caravan as it is wider and has self levelling making it easier for me as I have rheumatoid arthritis and therefore mobility problems. Between the time we paid the deposit and now we raise a few issues about the rear panels on these caravans as there was an issue with some developing cracks. The caravan is advertised with a 10 year water ingress warranty and one would assume that this covers the outside panels however on reading the owner's manual which cna be obtained online I found out that the panels only had a 1 year warranty. I emailed the dealer on a few occasions with our concerns about the rear panel and they replied and gave us re-assurance and I left it at that however on Saturday someone went to take delivery of their 2016 Cruiser and foudn crazing on the rear panel. I raised this with the dealer as we were have 2 units fitted onto the caravan and requested if we coudl view the caravan when it was delivered and before they did any fitments to the caravan. This was their response; Martyn is on holiday at the moment and won’t be back for a few weeks .I have just been looking through your email with the concerns you have with the buccaneer cruiser 2016. I then started to look though the rest of the emails you have sent us over the past few months. You have great concerns with the caravan . On a personal level ,this occasion we feel this would cause you a great deal of stress to yourself and the company if a problem was to happen in the future with the buccaneer cruiser. with this in mind on this occasion I obliged to return your deposit and cancel your order. we feel this is the best course of action for you .can you please call us to return your deposit asap . Can they cancel the order and issue a refund bearing in mind that they have had our deposit for 5 months plus I have had to paid £425 for the air con on our current caravan to be transferred and another £99 deposit for a Paintseal treatment? The wife is absolutely livid as she has been looking forward to us taking delivery of the caravan.
  11. Hi everyone, I'm hoping someone can offer some advice with an online shop problem. I bought an E-cig kit from a shop online which I received a week ago. This morning when I turned it on, the screen is faulty - it has like lines all down it right across it. I contacted the shop I bought it from who don't want to know. I was told that even though I had bought a full kit - mod and tank in a sealed box, that he could not take the tank back due to hygiene reasons as it goes in your mouth. I don't get this as I know that vape shops who have faulty goods returned send the whole kit back to the manufacturer who in turn refunds them. No vape shop will take back part of a kit and it must be returned in its original box. After being pushed, he said he might replace the mod but could not guarantee it would be in a sealed box - all mods are bought in sealed boxes. He said I would have to trust him that he would not send me an old reconditioned replacement ! He point blank refused to replace the whole kit with a new one so I told him in that case I would want a refund to which he refused and said I obviously didn't know the law. He then said if he was to consider anything, he would have to make sure that I had not damaged the mod myself - I am OCD about all my mods. They are all like new I am so fussy with them so no I didn't damage it myself. Again I was told that I obviously don't know the law and that he doesn't have to give any refund. This guy is really dodgy. I paid for the kit through paypal Does anyone know what I should do now? Thanks for any advice you may have
  12. Hi, I have made two attempts at buying a cagoule from the online retailer, BoohooMan.com with voucher codes and have been hit with problems both times. The first time, of which the cagoule was reduced from £20 to £13.99 including delivery, the item was supposedly to be delivered by Hermies, and was delayed twice before the retailer demanded for the item to be returned and I was given a refund. When I tried a second time, the cagoule was reduced from £20 to £15.99 including delivery, using a voucher code with Unidays. This time around the delivery was arranged with DPD. However, the item was delayed for arrival with DPD and the retailer changed the delivery arrangements to Hermies and has now been delayed twice again. I now fear that the item will not be delivered and I will have to pay again at full price for my goods. Do I have the right to demand the delivery of the cagoule that was ordered, instead of giving me another refund?
  13. i have been sacked from my job the employer is refusing my final wages, i had been working for the company for 3 months, i was still in the probationary period, the company acused me of stealing cash ( 7 pounds), this is a lie, the area is fully covered by cctv, I had a dispute with one of my co workers a few hours later he telephoned the manager and claimed i stole the cash The next day i arrived for work and was sacked on the spot, they said they have the right to do this as i was in the probation period, i didnt argue as i hated the job and my workmates The company hires and fires workers every couple of months, in the last 4 months, 15 people have either been sacked or resigned I am due £1400 of final wages, the company is refusing to answer the telephone and ignoring my emails, what can i legally do? I went to my workplace last week to see if we could resolve the situation, but they were very rude and told me to get lost I do not want to let the mater lie the company has treated me very badly, every month my wages were late, i have never recieved a payslip, once i worked 9 days in a row i was forced to work 16 hours told if i didnt work i would be sacked Apologise if i have posted in the wrong section, thanks for reading
  14. Hi, I took my car in to a local garage to repair an oil leak around 2 months ago. From what the garage have told me, it looks like there was an oil leak on the car previously which had been badly repaired. It appears that the engine ran low on oil at some point and I've now been told I need a new engine The garage told me they would try to find a replacement engine but after waiting for a couple of weeks, I tried to find one myself. I've been able to find a reconditioned engine with 12 months warranty which can be delivered to the garage. I've confirmed with the garage and engine supplier that all required parts will be included etc. The problem is that the garage is refusing to provide me with a quote (or even estimate) for the work until they have the new engine delivered. As I have no idea what it could cost to fit the engine, I'm a bit hesitant to place the order for the reconditioned engine. The old engine has already been removed so I'm unable to move the car from the current garage. My only other option is for the garage to put the old engine back in the car and take it elsewhere, but this will still mean paying £600 labour for the old engine to be put back in the car. Is it unreasonable to ask for a quote (or just an estimate) before paying for the engine. I'm a bit concerned that the garage could charge any amount and leaving me with no choice but to pay. Any help would be appreciated. Thanks.
  15. Hello, I recently got back from a holiday in Portugal where our flight was delayed by 3 hours going out there. I submitted the claims form and this is the rubbish I get back; Dear XXXXX Flight No. XXXXX Gatwick to Faro 25th June 2017 Further to your claim for delay compensation, we are writing to advise the outcome of our investigation into your case. Monarch Airlines aims as its first priority to provide its passengers with a safe and efficient service. We are sorry for the delay you experienced that has led to your claim for compensation. We would like to reassure you that every reasonable effort is made to ensure that our flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity. As previously advised, in some circumstances passengers may be entitled to compensation for delay arising from such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these laws where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. The Civil Aviation Authority and European National Enforcement Bodies have published guidelines regarding what can and cannot be considered as extraordinary circumstances and we base our decision on these guidelines. Our records show that due to high winds three of our aircraft were unable to return from Spain and were forced to remain overnight in Arrecife on 24th June. As a consequence of these aircraft being unavailable for their planned flights as a result of the weather, there was severe disruption across the entire flying programme. This led to a number of flights being cancelled leaving many passengers unable to travel to their intended destinations. However, and in order to avoid cancelling your flight, our operations team were able to implement changes to the flying programme and utilise our standby aircraft. Unfortunately and despite our best efforts this did lead to the unavoidable delay to the departure of your flight. Having considered the factual background of this case in accordance with the published guidelines and applicable case law, we are satisfied that the disruption was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given. All flight delays are fully documented in accordance with the requirements of our regulator and the relevant legislation in place. Please note that this documentation cannot be disclosed to passengers nonetheless we actively supply this to the Civil Aviation Authority and National Enforcement Bodies upon request. Yours sincerely XXXX XXXXX EU Claims Advisor Monarch I find this unacceptable as the delay was caused by flights the day before! Also if it was caused 24 hours before they had ample time to inform us. This also lead to us missing the first day of our villa as we didn't arrive until the early hours of the 26th June. I would appreciate your input on this and advice as to whether I am being unreasonable and I am not entitled to compensation. Or the best way to proceed in getting compensation that might be due. Kind Regards, tissot
  16. Dear all I would be very grateful for any help with my situation. I had a SPO following mortgage arrears (£3600) in 2008. Since then I have been making my contractual payments but had missed payments on three occasions from unexpected expenses resulting from direct debits being returned unpaid. I was in a particularly bad financial condition in the last 6 months following an elderly family member falling unwell while abroad. The mortgage arrears accrued to £3400 again and the mortgage company ( a subprime lender) has now applied to the court for a warrant for possession. I panicked and raised money from friends and family to clear off the arrears, but the lender is refusing to accept any payments and instead insists that I send them last three months of bank statements before they would decided whether to accept the payments or not. They insist that until I serve them the bank statements, they can't do anything about the eviction and says an eviction date will be issued in due course. They also made me complete an income and expenditure with them over the phone. I am very reluctant to send in bank statements, since with the financial difficulties over the last three months, I have resorted to payday loans (cleared) and I am very worried this will again jeopardize the situation. I am otherwise in a stable job and would be able to afford my contractual payments going forward. I have raised the money and want to clear the arrears but I am left in this dire situation. With family and young children, it looks as if my fate is sealed. May be someone else on this forum would have had a similar situation and I am sincerely hoping for some advice and help. Apologies for the long post.
  17. Hello All, I have an annual membership with British Military Fitness which was taken via Salary deduction through my company via third party provider GYMFLEX. I trained with BMF for 2 months but had an injury on 1st of March in my left ligament and have not been able to train since. I wrote to my company HR as advised by GYMFLEX , along with recommendation from my physio for 3 month no boot camps that BMF provides since its not a GYM but boot camp setup only in outdoor parks, and the response sent back is as follows. 'Thanks for your patience whilst we looked into this for you. This has been raised to the gym and I'm afraid they are not willing to authorise a cancellation in these circumstances. When you signed up to the benefit you confirmed that you understood it is a non-cancellable 12-month membership and there are no exceptional circumstances in this instance for us to go outside of the standard terms and conditions.' I have looked up GYMFLEX website and they do mention that it can be cancelled if the GYM agrees as noted below 3.4 NON-CANCELLABLE MEMBERSHIP Your GymFlex Membership is a non-cancellable 12 month membership. In certain circumstances, and in line with your chosen GymFlex Gym’s own Terms and Conditions it may be possible to upgrade, suspend or terminate a membership. This process is subject to a written request by your Employer and a Process Fee of £25 is applied by Incorpore Limited. In the event a refund is agreed by the GymFlex Gym, Incorpore will pass on the entire refund received by the GymFlex Gym, less the £25 process fee and the Initial Set Up Fee. But the GYM which in this case is BMF which doesn't have an annual membership and hence no terms and conditions either They have a 6 month membership offer in which T&C mention that in case of injury, membership can be cancelled. (i) Cancellation for medical reasons, relocation or redundancy We may allow you to cancel your membership before the end of the minimum term if you have been a member and: Have a medical condition that stops you from attending classes Relocate more than 20 minutes drive from any of our venues (as measured by AA Route Planner) Are made redundant Can you kindly advise how I should proceed to take this further. Having attended only 2 months, I will loose more than 200£ in this. Thank You Sunny
  18. On behalf of friend.. Hi all, my friend owns and lives at in one of three flats at an address in Surrey. Repairs were needed to roof as was leaking. There is no freeholder/landlord - known as 'absent landlord' and a deed of covenant for the address was signed by all leaseholders. Within this document, the process for repairs and splitting payment is explicitly relating to such an issue. i.e. majority decision rules and costs to be split three ways. In any case, all three tenants agreed to proceed with repairs after reviewing quotes. All tenants were consulted and agreed to the repairs. now one of them is refusing to pay saying there was no proper section 20 notice. My friend is c£2.5k out of pocket The non-paying tenant's solicitors have written to him saying there is no liability to pay and for any correspondence to directed to them. Letter Before Action was sent before receiving this letter directly to the defendant - and then forwarded to the solicitors too. Questions are simply: 1. Who is 'the Claimant' when using MCOL - the person or the solicitors 2. Any other advice is welcomed thank you v much for reading
  19. It's been a while! Hi all! Unfortunately this is not a good an outcome as my previous thread related to Samsung. The background is, my relative was given a phone by its original owner because it would randomly freeze and reboot. This problem sounded software-like in symptoms i tried various firmware versions (official samsung firmwares). The symptoms interrupted the flashing process at times also. It was sent off to Samsung after I realised it was still under warranty, who returned it unrepaired as apparently the phone had been "rooted". The phone has not been rooted by me, no custom software has been flashed (only official Samsung firmwares) - using both Smart Switch and the (leaked) Odin. Newer Samsung devices have a one-time-set value which will set itself when it detects apparent "rooting" or unofficial firmware images being flashed. I have spoken to Samsung a fair bit, but so far the answer has always been the same. The latest person I spoke to was adamant that the phone did not have official Samsung software on it (even though in their own repair centre picture it stated: System Status: Official and Binary: Samsung). I have read a bit online, (FSFE) and unfortunately I think I know the answer - that my relative has no legal rights as he was not the original purchaser - and therefore we are out of luck. Is there anything I have missed? I am going to write a final letter to them, and I will then leave it at that. I did look for CEO contact details but all emails bounce. Quite disappointed in Samsung to be honest!
  20. I visited a Barclays bank branch in February. Whilst there, I paid a cheque into my current account. I then asked for funds to be transferred from my current account to my Barclaycard Visa card, in order to clear the outstanding balance. The cashier asked for my debit card PIN, which I had never been given, after which she refused to process my instruction. This is despite my being able to use the card for online payments. By refusing to transfer the funds, the bank had effectively declined to allow me access to my own money. The cashier then said she could arrange for a new PIN to be sent to me, and then proceeded to ask for my mother’s maiden name. I told her I was not prepared to disclose this verbally in a bank full of customers. She then pushed a piece of paper under the window so I could write down the answers to the security questions. Once I had correctly answered them, she proceeded to order a new PIN for me, but still refused to process the payment I had requested. I wrote to their customer services department to complain, and to ask for their assurance that such a regrettable situation would not be repeated. I explained that there is no conceivable scenario under which anyone would attempt to pay off my Barclaycard from my Barclays current account for fraudulent reasons, and of course, nobody other than myself would attempt to do it because the only person who would benefit is me. I then received a text message from Barclays, despite having previously written to them to say I did not wish to be contacted by text. I followed up my original complaint letter and asked them to remove my mobile number from their system. I then received a letter from them in which they acknowledged my complaint, and asked me to confirm that the mobile number they had for me was up to date (yes, that’s right folks, the one I’d already asked them not to contact me on.) I didn’t get a reply to my next letter so I wrote again and asked them for their response. About a month later, they wrote to me and said that because they had taken so long to address the issues raised in my complaint, I was now entitled to ask the FOS to become involved. I wrote back and said I thought it was ludicrous that they were happy for this to happen rather than deal with it themselves. I asked for £150 compensation for the time I’d had to spend dealing with the matter. A few more weeks later, I received a letter telling me they’d finished their investigation. In this letter, amongst other things, they said, “If a customer does not have their PIN with them, we would then attempt to identify the customer by asking security questions instead.” This kind of misses the point I’d made in my initial letter to them, which is that the cashier did ask me security questions, which I answered correctly, but she still refused to process the transaction. The letter went on to say that no bank error occurred, and they thought they had followed the correct procedure. They did add however, that because of the time they had taken to resolve the complaint, they had credited my account with £100. The interesting thing here, is that they haven’t resolved the complaint. The statement in their letter regarding attempting to identify customers by asking security questions is at odds with what happened next. I visited the same branch yesterday, this time armed with the PIN they’d recently sent me. I asked if I could transfer funds from my current account to pay off a Barclaycard balance, a nd when I keyed in the PIN, the terminal said it was incorrect. I offered to sign for the transaction instead, but the cashier refused to accept this. I offered to answer security questions, but this was refused as well. I explained the statement made in their most recent letter regarding identifying customers by asking security questions, but the answer was still no. I told them I’d already made a formal complaint about the first time they’d refused to allow me access to my own money and that I intended to do the same again. By the time I left, there was a queue of at least six other customers behind me. One of them congratulated me for my persistence as I was leaving, and said he’d experienced similar problems with them. On the basis of the above, I have now filed a complaint with the FOS, who were very helpful when I had a dispute last year with Santander, and who obtained a satisfactory outcome for me. I’ll let you know what happens with this one. In the meantime, has anyone else had any similar experiences with Barclays or any of the other banks ?
  21. PDL company admitted fault in final response offered compensation which was accepted and a date by which it would be paid was agreed. That date has come and gone and the PDL company now say they are to busy with claims to pay up and don't know when they will pay the money. Is the agreement you already have with them as legally binding as it would be had they been directed to pay by the Ombudsman. It seems this is the latest from CFO lending and there are multiple reports of them doing this.
  22. HI, I wish I had found this site about 6 moths ago. Here goes - I will try to make it as short as possible. My OH has ( had!) over 30 unblemished years service with a local authority as a craft tradesman. Approximately 18 months the management ( 3rd party run local authority services) made veiled comments about losing staff, but also had their favourites they wanted to keep. However all staff would have to go through competitive interviews, sickness records etc and their favourites would not make it. So they had a problem. There has been a succession of brought in line managers do not have the necessary qualifications, experience to run / understand the department. Staff of 8 in department. All work vans are fitted with a GPS tracker system About 8 months ago, 2 employees found using a GPS jammer device, suspended on spot, subsequently investigated and dismissed without paid notice. Couple of weeks after jammer discovered all 6 other employees received a letter asking them to attend an interview re: "an incident" that had occurred in dept. Obviously all took this to be about the GPS jammer. However when OH goes in for interview, by investigating manager ( who doesn't understand OH job/role) and HR he is presented with 4 months worth of his tracker information), and is questioned about his lunch time activities. OH accused of having too long for lunch. Lots of mitigating factors - no computer access at work, planning work, planning reports etc etc. Union were very ineffective in meeting and HR seemed to be more vocal and leading investigation. All 6 employees interviewed - one none driver therefore no tracker info - but regularly seen leaving work 30 -45 mins early by senior management. The remaining 5 were deemed to have been having too long for lunch Couple of weeks later 4 of the 6 suspended - the non driver and a worker who "makes" the management house a lot of money were not suspended. - He was however investigated and given a 2nd written warning - but not charged with falsifying time sheets yet allegedly owed 4 hours. The 4 who were suspended have been through disciplinary hearing and an appeal hearing - both of which did not take mitigating factors into consideration. All were dismissed under gross misconduct with paid notice. ACAS are now issuing certificate as management won't budge , but did acknowledge that the paid notice was due to "managerial shortcomings" and union have refused to support members as they have been charged with 'falsifying time sheets". HR are aware that union are not supporting ( mole?!). My OH has repeatedly asked the union why only 4 of the 8 have been accused of falsifying time sheets when all 8 employees were allegedly taking too long for lunch or leaving work early. The employee leaving early was simply taken in for a quiet chat!! OH also asked union why in a separate incident ( based on tracker information ) an employee was at home for a full 8 hours during the day - but he wasn't investigated, suspended and only given another final written warning, why is there a lack of parity? The 4 are now meeting with a view to proceed privately to an ET. Union are supporting the employee who was dismissed for jammer use? Your comments and advice would be gratefully appreciated.
  23. I have a 2012 Chrysler 300C which developed a rumbling in the front brakes in September last year. I took it into Halfords Auto Centre Nottingham whom diagnosed warped rotors. The car at this time had done 25K miles. They changed the rotors and pads, my warranty covered the cost bar the first £100. My outlay was circa £100. Roll forward to last week, the issue raised its head again. I took it back to Halfords asserting that although the replacement was 1 month outside their warranty, the car had only done 9K miles since the new rotors were fitted and asked that they replace them FOC. The manager refused and pointed me to their guarantee where it states that all parts and labour are covered for 12 months or 12K miles. I did try to get him to understand that although they have their guarantee it does not supersede my statuary rights, and as per the Sale and Supply of Goods and Services Regs 2002 the rotors should have been of merchantable quality and lasted for a reasonable time, and 9K miles is not a reasonable time. It all fell on deaf ears, so I contacted customer support who came back with the same reply. I did escalate it to a more senior team member but I am afraid that they are digging their heels in. My question is really where do I go from here?
  24. A mate in a company liveried van was attempting to deliver a parcel to an address, where a bailiff was hammering the door, the bailiff wanted to take the parcel, courier refused as he said bailiff was not adressee, bailiff asked couriers name, he refused, told courier would be done for obstruction and wrote down van registration number, what are the chances of plod following this up The bailiff frightened the excrement out of him he ran back to the van put the parcel in and drove off after leaving a calling card? I told him no chance parcel technically is not owned by occupier until signed for.
  25. Really need some advice on the best course of action here, here's a summary of what's happened. Taking it from the start: I bought my vehicle back in April, a Ford Fiesta, 14 reg. It is covered by the manufacturer's warranty (3 years / 60,000 miles), it's just over 2 years old now and has around 40,000 miles clocked. I am the 2nd owner of the vehicle, having purchased it from a Ford Evans Halshaw dealership. The vehicle was serviced at that same dealership in August, with everything stated as being in good condition. 2 weeks ago now, travelling down the A1, the car broke down, with the engine refusing to start, I had to be recovered from the hard shoulder, and the AA quickly identified no fix could be done at that point, there is no compression when attempting to start the engine, and the drive belt had gone. The vehicle was taken into a ford garage near home. This is a different dealership to the Evans Halshaw I purchased the vehicle from, but is an official ford garage. I informed them of the situation, and that the car should be covered by warranty. The following day they informed me that the auxiliary belt had gone and that it had caused further damage to the cambelt and more beyond that. They said the auxiliary belt is not covered beyond the first year of the warranty as it is a wear and tear item. The garage has made an attempted fix by replacing the cambelt, but to no resolution, and is now in the process of having to remove the cylinder head to inspect further. As you can imagine, the costs are racking up fast, and they still don't know the extent of the damage, worst case is the whole engine needs to be replaced, and that would cost more than the vehicle is worth. In the meantime, I lodged a complaint with Ford customer relationship centre, who took a week to get back to me, just to inform me that they had spoke to the garage, and reiterated the exact info - that I wasn't covered and there's nothing they can do. Frankly, I feel this is absolutely bonkers, the vehicle is 2 years old.. . I don't expect to buy an almost new car, and 6 month down the line have it break down to the cost of thousands or even more. Surely the service should have caught that the belt would go soon, it seems crazy that the cars only done 40k miles and has broke down this badly. Now, even as a wear/tear item, it has caused severely more damage than that - I'd happily pay to replace the auxiliary belt if that went, but it seems like a major issue for it to have caused more damage. I'd appreciate any advice, I don't feel I am responsible whatsoever for this occurring, I find it insane. This is the first vehicle I've ever owned, and I felt I was playing it safe going for something still under warranty and as commonplace as a ford fiesta. I'm still pushing my complaint further with Ford, but haven't had a further response from them yet. Also, in the event my engine does need replacing, I feel I am completely cornered, I have no where to go at that point. I'd be out of pocket massively, with no car to my name too.
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