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Found 42 results

  1. Good morning, I have rejected my new (used) car after less than two weeks of ownership. The dealer has been good about this and accepted this rejection. However, he is refusing to give me my money back until the logbook turns up. Is this acceptable or should I push this? On top of this, because it now won't start, who is responsible for getting it back to the dealer? Me or the Dealer? Paul.
  2. Hello, I recently bought a 2011 Citreon Berlingo Multispace diesel with 98k on the clock. I paid a deposit on the understanding that the clutch would be fixed. They did fix it and I went to pick up the car a few days later and paid the balance. On the drive home I lost control of the vehicle and had to pull over. I put this down to getting used to the car. As a precaution I put the car in to my garage the following morning. It was found to have play on the steering, shock absorbers at the front were gone, front brake discs excessively worn with 2mm lip and a bald and punctured tyre. I informed the shop that day that I wanted a refund and they told me they don't do refunds. They said I should drive it over to them and they would fix it then decide whether I would be able to have a refund. I have refused to do that. They offered me a car in the interim while they fixed it and said one of their men would drive the car back. I refused that on the grounds that I wasn't sure of the legality of borrowing one of their cars and that the car cannot be driven. They offered to tow it over. I refused as at that point I had firmly decided I did not, at this time, want the car to be repaired as I required it to remain in it's current state so the faults could be proven once they sent someone to inspect it. I have now formally rejected the car on the grounds that it was unroadworthy and unsatisfactory. The garage are refusing the hear my complaint unless I take the car over to them. I cannot do that as it is not fit to be on the road. I have offered for the garage to come to my mechanics garage to view it but they are refusing to do so. I have also offered for them to pay for an independent report so as to prove my case. I have also offered that if the report shows my case to be false and the car is roadworthy I will pay for it. My question is: was I premature in rejecting the car? My argument is: The car is in a poor condition for it's age and is has been sold illegally. These faults were spotted on a simple visual inspection by a qualified mechanic and therefore should have been noticed in the pre-sale checks all garages are obligated to carry out. The garage has told me I will have to take them to court. I have told them I don't want to do that. EDIT: Sorry, didn't say I paid £5450 for the car. £3950 n cash and £1500 for my previous vehicle.
  3. I submitted a claim for between £800 and £900 to my former bank (£500+ in charges and £300+ in interest @8%), which was rejected - despite my being in genuine hardship, having suffered two strokes and having been unemployed since 2005. My monthly benefits do not even cover my basic rent, power, transport (nevermind food, clothes etc). The rejection letter cites: "The Supreme Court considered bank fees and issued its judgement in November 2009. The Supreme Court, which is the highest court in the United Kingdom, decided fees cannot be challenged on the grounds that they are too high and that they are not considered penalties. This judgement did not make any exception for customers who are suffering financial difficulties". I was of the understanding that not only did the Supreme Court mention that a claimant should not necessarily be put off claiming, despite their verdict, but also said that it expected banks to behave responsibly and positively towards claimants suffering financial hardship. 1) Any advice and/or experience would be sincerely appreciated. 2) Should I appeal to the bank, go straight to Financial Ombudsman Service or simply even drop my claim? 3) Despite submitting and receiving the results of a SAR (Subject Access Request) there is no signed agreement between myself and the bank to the bank's terms and conditions - only a generic, unsigned, set of TAC's. Does this make my case any the stronger? Many thanks for taking the trouble to read this and I look forward to advice from those better placed than myself, hopefully. Jib T.
  4. Small companies are often being rejected by banks based on “personal issues” with founders' credit ratings rather than problems with their business plans. An official report into appeals by businesses against banks’ lending decisions found start-ups and very small companies are at times being “judged harshly” based on personal credit scores, leading to them being turned away “automatically ... before a proper exchange can be had”. The study also revealed that almost 40pc of decisions to reject applications for bank loans are overturned when companies use an independently monitored appeals process which was described as “the best kept secret in banking”. The Federation of Small Businesses said the high “overturn” rate showed “banks have some way to go to improve their internal systems”. The appeals process was established in 2011 as part of the Business Finance Taskforce, an organisation set up in 2010 by the British Bankers’ Association (BBA) to look at ways to help small businesses following the financial crisis. Russel Griggs, the author of the report, said banks are now lending in a “normal” way and the lack of bank lending is down to a weak economy and a lack of demand from businesses. Link: http://www.telegraph.co.uk/finance/yourbusiness/10117014/Personal-issues-behind-banks-rejection-of-SMEs.html
  5. Hi guys, in 2006 my house was given on rent to private students either way they were eleible for the council tax. I submitted all the documents for 2006-2009 showing who was living at my address as private tenants and who was responsible. In 2012 the council wrote to me saying I had to pay council tax from 2006 to 2009 based upon 2 things. from 2006 to 2008 no one paid the council tax. from 2008 to 2009 some other person was living and claiming for the council tax benefit. In another words the students did not pay the council tax. Then they invented an tenecy agreement and falsy claimed someone else lived there and claimed the benefits. Since 2009 another tenant lives there who is exemt from paying as shes claming housing benefit and what else so she has nothing to pay. Issue is from 2006 to 2009 I am being forced to pay. I said no I have submitted the ONLY people who are supposed to live there. All agreements were sent every year once they were renewed. No other person has lived there. I appealed it got rejected. Then I went to the tribunal and there I discovered many other things. students falsey claimed benefits. Students created many indenties and put them in the electorl register. Open many accounts and did much fraud. At the tribulal apprently at any one time from 2006 to 2009 over 9 to 10 people lived at the address. This was false as I was the main cartaker and did weekly visits from cleaning to DIY. Also its a 2 bedroom house. The council has said something to do with HMO status. As in multlpy occupency. And the tribual rejected my sotry 100% question is what do I do. The students did a lot of fraud as I am getting lots of letters from balifs and credit card compnies along with other junk mail. Odd names too. Since 2009 no issue. Before 2006 no issue. Please help.
  6. Hi all, I would like to know your opinion in this issue and what would you do. The situation is as follows: We currently have a fixed term tenancy agreement which expires this Sunday 21st April, and from this date it will be a periodic agreement with a 1 month termination notice. During the current fixed term tenancy the termination notice is 2 months. As we wish to leave the property (we are leaving the country) we have given a 1 month termination notice effective on Sunday, so that the contract would finish on 21st May. The property agency has rejected the notice alleging that our only options are to give now a 2 month notice or, since they do not work on Sunday, give notice on Monday 22nd April, but in this case the notice period would not start until 21st May and thus finish on 21st June. Our position is that the fact that they will process the Sunday-issued termination notice on Monday should not affect our termination notice period. Any thoughts? Thanks
  7. Hi there, please help, if this rings a bell, this must happen to others, too! I received a PCN (£55) from LBWF in January, and appealed against it on their website. LBWF did not send any reply, i.e. a notice of rejection. They did however in March send a charge certificate, telling me that "as my appeal had been rejected, I now need to pay £165". I then emailed them to let them know that I had not received a notice of rejection, and copied in again my original appeal, in case their website hadn't worked, and they hadn't received my appeal. So two days ago, in April, they have now sent me a letter stating that I had lost my right to appeal, enclosing a copy of a rejection to my appeal, which is dated February. The letter also states that by their notice of rejection not having been returned to them, this meant, that I must have received it, and therefore could not argue that I hadn't received it. So effectively, they say that their notice of rejection not having been returned to them acts as proof of delivery. Normally proof of delivery is usually obtained by a signature, i.e. recorded delivery?? Is the LBWF above this need to have to prove delivery? Please let me know, if you had any comments, as I am lost for words about this apparent system! I rang them, and they understood my point, but they said that I have now to wait to receive a notice of recovery from the County Court. I don't like the sound of this at alll!!!
  8. Hi I recieved this letter today rejecting my claim for a ppi claim. Here's a transcript of it. Dear Mr king, We recently contacted you requesting further information relating to your ppi complaint. To date we have not recieved this information. Therefore, I have based my findings on the information currently held. However, if you could supply the information, we will look to address any concerns raised. Following investigations. I having identified that mbna acquired your account from alliance and Leicester and the sale of ppi was made by them prior to mbna becoming your service provider. When your account was transferred to mbna, new ppi policy terms and conditions were issued to you and you were given the opportunity to review and cancel your policy, should the new terms and conditions not meet your requirements. Our records confirm that you were eligible for the product and we did not offer advice about the policy and provided you with information only. Having considered the information you provided, our processes and disclosures which we made to you at the time, we are satisfied that you had sufficient information to make your own evaluation of and decision about the product on offer. On this basis, I regret to inform you that I am unable to uphold your complaint or issue a refund on the premiums you made. It goes onto say they have forwarded my complaint to alliance and Leicester (Santander) and that its their final desicion they have also included the details of the ombudsman service. Just a few questions and advice needed please. I received no letter from them asking for further information and I included the ombudsman questionnaire which was completed in full. Will I need to contact santander or will they review my complaint based on it being forwarded to them? The letter states that they provided me with information only about ppi surely this is opting me in automatically for ppi without asking me to sign for a new policy. I don't recall receiving the details about the ppi. If mbna acquired my account are they not fully responsible and is it right to transfer it to santander? Any advice on what my next step should be would be most helpful. Kind regards Stuart
  9. Not sure if I'm putting this in the correct forum or not so mods feel free to move. As it's now illegal for employers to discriminate on the grounds of age (ha-ha), having been registered for work, both temporary and permanent with a few of the agencies, I have come to the conclusion that the agencies filter out people over the age of 50 for jobs. Time and time again I have seen the agencies I am registered with advertising jobs that I am more than capable of doing yet never get put forward for them. When I do, like the other week got a starting date then the day before I was due to start got a phone call from the agency saying that the employer had taken on someone permanent. Last week, they phoned about the same job, saying the company needed temporary cover, sent me the details of the times and days I would work...then the day before phoned up with exactly the same excuse - the employer has taken on someone permanent (what again? - if you're going to lie, please don't use the same excuse twice). What I'd like to know is has anyone else had a similar experience(s) and who, if anyone, regulates these employment agencies.
  10. Hi all, I would be grateful if you could read though the 2 letters and give me some advice. Am trying to claim my PPI back from Halifax and have had a rejection letter to which I replied with the response and SAR request letter below. Dear Sir/Madam This is a response to your letter dated 18th October which contained a reply to my complaint about PPI policies sold by Halifax bank. Please note I am unhappy with the decision and am requesting a SAR – Subject Access Request. I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts and credit cards accounts I would be grateful if you would provide the following for ALL accounts or associated accounts I hold or have held with your organisation: Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same. A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organisation. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations. Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account. Where you have used abbreviations and/or codes, I would request that an accompanying sheet be provided so as to translate these abbreviations and/or codes and their meanings, I also request an accompanying appendix of the documents included and reference to the purpose or meaning to those documents. I request that you provide all the information requested above, even though you may consider that it falls outside Data Protection. I reserve the right to refer to the contents of this letter if an application for pre-action discovery is necessary relating to any of the documents requested herein. I enclose a payment in the sum of £10 to cover your fee. You have 40 days to comply with this request. IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION. I look forward to hearing from you in the first instance of receipt. Your Faithfully. X I had a letter back from Halifax responding the above which is below Dear Miss X Further to your letter dated 29 October 2012 in which you rejected our decision not to uphold your Payment Protection Insurance (PPI) policy complaint, I have reconsidered your complaint in light of further information provided. When you replied to us you stated the following: · You were unhappy with our decision . · You wish to have a Subject Access Request. On considering this information I do not believe it introduces anything that changes the original decision and I am still unable to agree that the policy was mis-sold. Having completed all these steps, I went on to look at your compliant as a whole to ensure that we acted fairly towards you in relation to the sale of your PPI policy, giving appropriate weight and balanced consideration to all available evidence including any further information supplied by you. Although your new information adds some useful further background I am still unable to agree that the policy was mis-sold. As such, I am still unable to agree that your complaint should be upheld. If you should wish to contact me directly my details are at the top of this letter. If I do not hear from you I will close your complaint and consider it resolved. When we issued our original decision we advised you of your right to refer your concerns to the Financial Ombudsman Service (FOS), and that you has six months from the date of that letter in which to do so. You are still within this timescale so you are within your rights to refer the complaint to the FOS. I have enclosed a leaflet which gives details of how you can get in touch with them. Yours sincerely Halifax Am just after some advice really, are Banks lawfully required to respond to a SAR request ? I really want all the SAR information so I can read though and look at the complaint myself. There is no mention of my £10 payment for the SAR that I enclosed. Kind regards Damien
  11. Hi I have today received a letter from MBNA stating that they have now calculated the refund amount and a payment will be sent in full and final settlement of my complaint They state that they have reconstructed the statement balances by removing PPI and assoiciated interest. This will included interest arising because the ongoing monthly baance on your account was higher than it would be if you had made the same payments without PPI If there is any statement period where, after deducting your premiums and associated interest, your balance would of gone into credit, we will add 8% simple interest to your balance for that statement period. If there is no statement period during which your balance would of gone into credit you will not recieve any 8% interest Please note that the approach outlined above follows the refund guidelines set out by the FSA We have calculated the refund as Total amount of PPI charged £341.82 Total amount of associated interest £20.50 Applicable 8% interest £266.79 Total amount Payable £629.11 All I have is a list of payments made and the total PPi charged is correct but when using the FOSCIsheet v101 and putting an end date of sept 2009 as this is when it went to DCA and interest stopped I get compound Interest of £2322.99. Are my figures totally wrong or is it MBNA? Any help much appreciated Ali
  12. Hi everyone, received a rejection letter a couple of months ago. Just looked at it again and it states PPI was still active on the account and to contact them if we wanted to cancel. We've not used this cc for years. Does this mean we'll receive a refund of the premiums we've paid through cancellation of the policy?
  13. I have just had a response from MBNA regarding my PPI unsupriingly they rejected as this seems a standard response from them. They claim first that i ticked the the box for PPI where as im sure it was already ticked secondly they claim there was information on a second screen which i have a problem with. I have drafted a response to them, at the moment it is very rough and needs some grammer correcting etc. but i thought i would put it up for comment as it would be relevant for most people rejected by MBNA as the information provided on a seperate screen seems a common way for them to fob customers off. I am writing about a mistake made by one of your members of staff relating to mis-sold PPI and i am writing this letter to give you an opportunity to correct this mistake before i complain to the FoS and FSA I believe that the PPI box was automatically ticked on the application screen there was no information regarding the PPI such as costs etc. There was no information that the payment protection involved the purchase of insurance indeed it was called payment protection cover. Nor at any time was there information that the policy could be cancelled. The letter sent by your staff member claims that information appeared on a separate screen i do not believe that a responsible financial institute to behave as in the first case it would not necessarily be clear that this separate screen provided any information about payment protection insurance and indeed in a lot of cases it would open behind the main screen or in a separate tab thus it would not be noticed at all A responsible financial institute would place the necessary information next to the tick box to ensure that it would be seen at the time. In the second case as an IT professional I always ensure that my browser does not allow second pop up screens as this is a method used by certain websites to place viruses on machines and deliver unwanted advertising this is common practice among IT professionals and users alike which is another reason that placing any important information on a separate screen is irresponsible as it means a responsible computer user would unwittingly block this necessary information. If this information did exist as your member of staff asserts you would have provided it along with the rest of the information you provided regarding the application. As it was not supplied I believe that no such separate screen existed. I also believe that failing to provide all terms and conditions for the credit card and the PPI on the same screen as the electronic signature would breach FSA guidelines. Nothing in the documents sent by your member of staff lead me to believe that the PPI was sold fairly As such MBNA did not provide the written documents required under the FSA’s rules (such as, for example, a policy summary, statement of price, or statement of demands and needs). A list of the relevant documents is set out in the FSA Handbook, as are the timescales for providing the documents and, where relevant, the need to stress to the customer the importance of reading the material.
  14. Hi all. - PCN received on 23/05, ticket expired by 10 min, I was walking to the car but the warden still issued PCN. - challenged by email to the Birmingham City Council. - received reply within time (predictable rejection) but not titled 'Notice of Rejection' and the discount period withdrawn. Only an email with details of PCN. Is this still valid? - can this be dismissed because nowhere states 'NOTICE' on the email? - has anyone been successful challenging PCN on the grounds of 'grace period' or 'time/clock on parking machine incorrect' or similar? I wish to appeal to the Adjudicator on the grounds of " the parking attendant was notprevented from serving the Penalty Charge Notice." Anyone has experience with this kind of appeal? I'd like to share a very good PDF that explains how to challenge and appeal parking tickets here: http://www.patas.gov.uk/tmaadjudicators/default.htm Thank you all.
  15. Good afternoon everyone, I bought an Audi Q7 from a garage a few weeks ago and have found that it has a number of faults. The Aircon is not working, pads and discs need changing, missing a service although it was stated as having FSH, 2x tyres need changing as they only have 2mm of tread on (I should have checked I know), new wipers front and rear and a few other small defects. This car was described as being in excellant condition. The garage doesnt want anything more to do with it so I`m going through the legal route. Opinions please.
  16. All, I received a PCN from TFL for stopping on a red route (46:Stopped where prohibited), but the PCN did not contain any photographic evidence to support this. I replied that "In your Penalty charge notice you fail to show any evidence for the alleged contravention - photographic or otherwise. This appears to be a procedural error on your part. We would request that you give us access to this evidence, and provide us with an explanation as to why they were not included on the original PCN." My request for information was met with a 'rejection of appeal' and 2 inconclusive photos were sent back in their reply along with a passage reading "Please be advised that it is not a legal requirement to send photos along with the PCN. However, I will supply you with the photographic evidence that you require, at the bottom of this letter." However, on TFL's own website, under their Terms & Conditions it clearly states "If you've received a Penalty Charge Notice, there will be two images on the Notice itself." I believe that I probably did stop on the red route, albeit for 30 seconds, but was wondering if I have grounds to appeal based on their incorrect issuing of the original PCN (i.e. without photos). Any advice would be much appreciated. I only have 2 more days (18th May 2011) to either pay or appeal. Regards
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