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  1. Hi All, I had started a CCA process with Idem servicing with the OL being Citi Financial. I took out the loan in 2007 and have had a minimum payment going out. All payments have been stopped whilst my CCA request is in process. Idem promptly replied within the set time of 12+2 days with many copies of the signed contract with Citi financial, i just want to make sure that what they have sent is enforceable, if so should i resume my payments and send a F&F offer to them. I have uploaded the documents that were sent to me.
  2. Hi All Around two years ago, almost to the day right before xmas, the DWP applied to my employer for a Direct earnings attachment for £479 which they took in three months. These were for three different benefit overpayments dated back to 2003 I thought that this would be an end of it but today they have just done the same thing again .... This time they are after £278 ...... I haven't got a clue what this is for as i've had no letters from then since the last time Seeing as i have been employed with the same firm for eleven years these debts must be older than that. Surely they can't keep doing this? Should they have not calculated what i owed the first time they came after me not wait two years then start again? At the moment i am really struggling my bills keep going up but i haven't had a payrise since 2008 and this really is the last straw.. It looks like they've ruined the second Christmas in two years. Any help would be gratefully received. Thanks
  3. apologies if this is long-winded. Basically I have a hunch my vehicle has clocked mileage, there are some tell-tale signs like the wear on steering wheel. the vehicle came from Southern Ireland, so would possibly have had KM clocks, but now has mileage clocks and is in the UK, the UK MOT certificates show corresponding mileage to what the vehicle now has. I don't know if the vehicle came to the UK privately, or with a dealer of some form importing the vehicle/first MOTing vehicle. the vehicle was written off in the UK and I bought as a damaged repairable from a salvage site, which did have a disclaimer relating to mileage, the owner at that time would probably have been the insurance company. I have driven the vehicle for 18 months, and obviously spent money fixing the vehicle, so do NOT want a full refund or anything. Is it worth checking the vehicles computer for mileage history, etc. I haven't bothered to date, as I didn't think I had any course for claiming. Many thanks.
  4. Hi all, I purchased a second-hand freezer for £40 from a second-hand shop two weeks ago. My father and I loaded it into the back of his car with the help of the shop assistant. We drove it home, unloaded it carefully and plugged it in. I threw some frozen food in there the next day and, a few days later, went to get it out. It was all melted, because the freezer wasn't working. We unplugged it, plugged it back in, fiddled with the dial switch ... Nothing worked. When I went back to the shop to tell them this (they offered a one-month guarantee that it would work), the manager asked me if I'd plugged it in immediately when getting it home. I said yes. He told me I should have waited 12 hours, as sometimes the gases in the freezer can be dislodged if it is laid on its side. A quick Google revealed he was right about this, but I asked why I hadn't been advised of this when I purchased it as it doesn't strike me as common knowledge. He went quiet and told me he'd get back to me. I called again today. He told me again that it was working perfectly when he picked it up and it was probably a result of me plugging it in immediately that has "broken it" and, once again, he's said he'll get back to me. I have no way of knowing whether it did work when he picked it up as it wasn't plugged in in the shop. I have no way of knowing if it was a result of plugging it in immediately that caused it to stop working. But I do know that I wasn't advised to wait 12 hours, that he's sold me a freezer that doesn't work and he's not taking any steps to solve the problem. I've had a look at the Consumer Rights Act, which suggests second-hand goods purchased from a second-hand shop are the same as those for new goods. My question is whether I have a leg to stand on if I was the one to "break it", even though the perils of moving a freezer weren't explained to me and we can't prove it either way. I'm trying to think of another example to use to get my point across to him that it was the shop's responsibility to instruct me on this, especially as they sell a lot of freezers/fridges, but my mind's a blank. I know it's only £40, but it's the principal and the hassle of having to move the thing again, then buy another one, move that ... and I'd like to prevent him doing this to other people in future. Any help would be much appreciated. Thank you, Capybara
  5. Hi all, Posting this on behalf of my friend that purchased a used car from a small dealership in the North West. It was a Vauxhall Vecta 1.8L petrol on a 57 plate. The car looked and drove well, it has some minor scratches and a fault with the electric window that they are aware of an willing to put right at a later date convenient to him. The issue started last week, he was in the boot and all of a sudden the boot lid dropped on his head, it turns out the gas lifter had popped of as there was no retainment clip on the ball joint, then then caused the boot lift to get wedged in the gap between the boot lid and rear tail section of the car. This has caused the window to completely shatter and some body work damage (paint has come off and metal has deformed where the gas lifter got wedged.) The window was then repaired next day via Autoglass due to it being a car he has to use to get to work (no local transport to his area of work,) at a cost of £75. The next day he is driving to work doing around 45MPH and the bonnet all of a sudden flips up and smashes the front window screen and puts several huge cracks down it, this again has cost £75 to replace. The bonnet has also been damaged in the two corners as they have bent backwards due to the force of impact and the center of the bonnet has 4 huge dents where it initially hit the window screen. After getting home he has checked the safety latch on the bonnet catch and it was rusted stiff (he has taken a video of this to show it won't move,) he has sprayed it with some WD40 and with some force managed to free it as again he needs to use it to get to work. The question is, is where does he stand in regards to getting the money back for the costs of window screen replacements and getting the bodywork issues fixed ? The car was only sold to him 10 days ago. Thanks in advance
  6. So did they take the 'hippocratic oath' or the 'hypocrite'. Seems it's not a vocation any longer but a job for lets see how much money we can squeeze out of the NHS and sod the sick.
  7. Hi all My partner purchased a second hand car from a dealer on friday for £2600,on sunday two warning lights appeared for the power steering and the braking rendering it useless unless the problem is found On contacting the dealer this morning my partner was told that the car was sold as a private sale on behalf of a private individual and that therefore he was not liable for any repairs to the vehicle My partner also somewhat naively signed the invoice/reciept which states "this vehicle is a private sale on behalf of the above customer and no warranty/guarantee is implied or given"(the details of the private individual are given) she did believe that she was purchasing a vehicle directly from the dealer untill this invoice was handed over for signing and signed it with out proper thought on the matter , the money was paid by bank transfer directly to the dealer not the private individual. I believed that we had rights regardless of a warranty under the sales of goods act and would be grateful of some light on the issue and any advice on our next step thanks
  8. We have a leased car and received a PCN from Excel in September via our leasing company. The supposed contravention date was 08.09.15 the notice was issued 22.09.15 and date stamped by the leasing company as 28.09.15. We then received directly from Excel the same notice issued on 06.11.15 for the same contravention date 08.09.15. Unable to confirm that we hadn't bought a ticket in the car park (my son was driving) and against my better judgment, my husband paid the £60 fee. Today we have again received a PCN from Excel with the contravention date of 16.10.15 issued on 30.10.15 and dated stamped as received by the leasing company on 03.11.15. The 3cm x 3cm photographs on this notice are identical to the photographs on the first notice, although poor quality you can see the same outlines, shadows, clouds, reflections etc on them. On the date in question we were at work and can't have even been in the car park. What do we do now? Do they now see us as some sort of soft touch as we paid the first notice? Can we complain to anyone about this obvious fraud? Are we to expect a notice from them every month for the foreseeable future? Do they have longer to issue the notice as it's a lease car and they have to contact both the DVLA and the leasing company for our details. We would appreciate any advice. Thanks.
  9. Hi All, I have a mortgage on my property, and a second charge on it. I want to put a third charge on it for a secured loan which has been agreed, and the first mortgage company have agreed to allow the new charge, however the second charge company are refusing point blank to allow any other charge against the property. The new loan isn't large enough to give me the amount I require and to pay off the second charge, and it needs to be secured, so how can I get this new loan done - preferably quickly? What options do I have to persuade them to allow it or to get it registered in any other way please? Thanks for your help
  10. Me and my partner bought a Vauxhall Astra 1.9 Sri cdti 150bph on the 22nd September 2015 for £3500 from a second hand dealership. The car went off for a MOT before we got it and it came back with advisories which the dealership dealt with. We waited 2 weeks after payment before we actually got to drive it home. A Week later thick black smoke was coming out the exhaust, we immediately took it back to the dealership and they said they would sort it as it was still under warranty. (Swirl flaps needed replacing) they had our car for over a week and when it came back they hadn't done the job properly, they had botched it up. Instead of replacing the swirl flaps they put blanking plates either side of the egr valve and capped the swirl flaps (temporary fix) A day later the car lost power and was in limp mode, when I had a look at the engine the main air intake pipe wasn't even bolted on properly one bolt was missing and the other was extremely loose. The sensor for the swirl flap wasn't connected and was left hanging, the inlet manifold had been taken apart and new bolts put in (not nessesary comes sealed from factory) there is silicone all over the bottom of the manifold where the swirl flap is, the fuel lines were hanging loose, there is a bracket now missing from the back of my engine and nothing was attached. When I rang the dealership they just fobbed me off saying that they had done the job properly and what was I complaining about, when I asked if they would reimburse me to get the car fixed properly they said no as they had done it properly. (I've taken it to a garage for a second opinion and they are agreeing with me, poor workmanship and it needs to be fixed to repair the damage the dealership has done to it looking at £500) I just don't know where I stand. Help me please Thank you in advance
  11. In September 2011, when I was employed by a Local Authority, I was advised that I had been overpaid, for about 18 months. I had moved to a term time only job (44 week contract) in January 2010 but they had continued to pay me as if I was on a 52 week contract. I have spent the last three years paying back nearly £3000. My wages were correct for September, October and November 2011. In November 2011 I was TUPED over to my current employer and I received my first wage from them in December 2011. Last week my current employer advised me that it had come to light that I had been overpaid approximately £4000 by them since December 2011. I have since found out that several other employees have been in a similar situation and some have not paid anything back. I admit I should have checked my wage slips more thoroughly but my employer was fully aware of my situation before I was TUPED over. I was supported by a manager, who was also TUPED over at the same time as me, so I feel that they are mainly responsible as they were supposed to ensure that everything was correct. They have asked me to go away and think about how much I felt comfortable paying back. This seems a bit strange because before that they told me that they had been advised by their legal team that I was liable to pay back all of the money. At the moment I feel like only offering to pay back a small amount proportionate to how much I feel responsible. I would appreciate any advice.
  12. I bought the Beko CDA648FS which is a double fridge freezer for £80 on eBay. I found that it is running constantly and doesn't turn off, which points to a faulty thermostat. Anyway, after searching parts, I found that the particular model is due for a recall because of a house fire a similar model caused. http://www.dailymail.co.uk/news/article-2011322/Beko-fridge-freezer-recall-Bermondsey-tower-block-warning-half-million-families.html Do I have any hope in a refund, or even replacement from Beko? EDIT: Nevermind! I used the Beko checker and it said my one is not affected. Feel free to delete!
  13. Hi, I have recently been asked to give my details for dodging a train fair for a second time. Admittedly they were different circumstances. However because this was the second time this has happened (the first time I had to pay a fine) I was worried i would be sent to prison or get a criminal record so I gave false details. I quickly withdrew these details after further questioning and admitted I had lied. But because this is the second time they have pulled me up, and because I gave false details to start, will I get a criminal offence? Please anyone that has any experience with this I would appreciate your help. Thank you.
  14. Hi, I run a small hair salon. J ust over a year ago, I was approached about the possibility of having some advertising, the advert would be 1000 leaflets for my use, as well as leaflets being left under the seats at a local ice rink, and an advert put up on screen. This would last for 1 year. The adverts would be on a rolling advertisement, but guaranteed to be shown at least once during each event that was held there. I never went to the ice rink, but had faith that it would be done.. . having said that, over the course of a year I've had no custom from it. The leaflets all said to bring the leaflet with them, and the customer would receive a discount. I put it down as a lesson learned, and a failed attempt to advertise, and thought nothing of it. However, today I received a letter saying year 2 of my contract had started last month, and I now owe a full year payment (in full or installments) as I have agreed to a second year. I never did this. I have called them up, and was informed that I was given a second year because I did not cancel my contract in the first 9 months of year one and it was a rolling contract, minimal of two years, unless a cancellation was requested. Now, I would put this down to another lesson learned, and I should have read the small print, etc. when I took out the contract, I stated very firmly I did not want two years. I wanted one (which was an option they gave me), and I was told that 'Optional' would be written down for year 2, so I could choose to have it at the same rate if I wanted it. I signed the contract, after again confirming it was for 1 year and my request for it to be 1 year only meant it would not roll over. I set up a quarterly Direct Debit, and that was that. this request for payment seems to be unfair, because I was told it was 1 year and my request for 1 year counted as an immediate request for cancellation. I also find it strange (yet I'm also thankful) that it wasn't just taken from my bank, since they have my direct debit details. Why the request for me to send them the money? I've been in touch, it is legitimately from the same people. But it just seems odd to me. They've been very offish about it when I've contacted them, and basically told me tough as no request was made in that 9 month period. But as I was told, on signing in the first place, that it was accepted and no second year would come... why would I call and cancel again? What are my options here? should I have received a letter (in good grace) to remind me I needed to cancel, if they truly thought I'd not done already? If anyone could help, I would be most gracious
  15. Hi. I seem to be having trouble with the above company with regard to interest rate, increasing monthly payments and charging £50 per month for being in arrears without an agreement. Is there anyone who has had or still has a loan from kensington secured on there house. If so can anyone tell me what the svr was on their loan in March of this year. Also does anyone know whether one can obtain a written statement of kensingtons svr for the last 5 years? Has anyone had their mortgage payment increased even though there was no increase in the interest rate? Has anyone successfully reclaimed the £50 charges and if so how does one go about it. I know this is rather a lot of questions but it would appear that second mortgages are not covered by the FSA and therefore help from them seems not to be forthcoming. many thanks
  16. Hi there,this is my first post so if i do anything wrong please forgive me. I purchased a used audi a4 for £1800 from a dealer on 24/10/14 and i've done approx 250 miles in it,i paid £300 cash and part exed my vectra,two weeks later the water pump failed,i took it to a local mechanic as i didn't think it was worth going back to the dealer for,just over a week after that the coolant light came on,i refilled it and checked it periodically and noticed the coolant in the tank was staying cold even when the engine was up to temp,it was suggested to me that this could be a head gasket fault,so i contacted the dealer and he said he'd take a look,he did so and told me that it was just an air lock,i drove 5 miles from the dealers and the engine management light came on,i rang the dealer and told him,his reply was 'next time you're passing through bring it in and we'll switch it off for you' as you can imagine i was very unsatisfied,so i decided to take it to an audi main dealer and have a full check over,they told me in no uncertain terms that the vehicle is unroadworthy and did a complete report,should i contact the dealer first or the CAB,or should i just reject the car? i'm quite happy to show a list of faults if anybody wishes to see them. sorry for the long winded post. Stan.
  17. Hi Guys I bought a '10' plate BMW 3 series from a car supermarket in Hampshire for ~£14000 including a 3 year warranty. I paid by debit card with about £6000 trade in from my old car. After 3 days and just one short journey, having driven the car 12 miles (possibly 14, but I filled it up with petrol as soon as I got it and reset the mileometer) the engine management light came on. I took it back to the dealer. I implicitly gave consent for them to repair the car because I was going away for a few days and didnt need it. They said it would be ready when I got back. After a week, it was still not available. I asked for a refund in writing. Eventually their legal people sent a letter saying I had no grounds to reject the car because I had given consent to repair it already. They replaced all of the fuel injectors. I caved in and went to collect the car - only for it to break down literally as I tried to drive it home. I had to get a policeman to help me push it to the side of the road and wait to be recovered. This time I explicitly said I am rejecting the car. They fixed it anyway, and today called me at 16:51 to say I again have no grounds to reject the car. This time they have replaced the exhaust gas recirculation valve. They wrote another letter saying the egr valve appears to have failed due to natural wear and tear and so doesn't fall under the Sales of Goods Act 1979, so I should come and collect the vehicle. Obviously I don't want to have to take a car sold to me as reliable that has broken down twice in 15 miles. What is my position here?
  18. c I have a long running complaint with MBNA, which is stuck in the MBNA interpretative calculations thread. I’m looking on a second opinion on these circumstances. My own complaint is not based on a miss sale but MBNA applying PPI when the original application which I have a copy of stated no to PPI. The communications log I have with MBNA starts in June 2000; PPI was applied from Jan 1999 the start point of the card. I have no recollection of discussing PPI with MBNA other than requests for it to be stopped which they refused unless I paid the card off in full. In my own case I don’t receive any benefit from my claim; it has only been brought on a matter of principle. Any claim belongs to my trustee in bankruptcy, but if MBNA were to pay out using FOS guidelines the amount would have cleared all my unsecured debts plus my mortgage arrears at the time and still l have left a reasonable sum. I took the decision to declare bankruptcy due to MBNA constant harassment and wanting to be able to start living again. If I was aware in 2010 that I had a claim with MBNA that would have cleared all my unsecured debts, then I would have continued to struggle on until it was resolved. Now MBNA have offered to make a payment in goodwill, I had to agree to this in principle before the offer was sent out. . Can I reject the offer of goodwill and ask MBNA how the PPI was applied to an account which did not give authority to do so Even looking at the rather understated offer by MBNA the Credit card would have been paid off in 2009, the extra £130 a month I was paying them would of cleared my mortgage arrears in 6 months at that time. My real question really is if MBNA aren’t going to play by the rules in regard to PPI redress can I take my complaint to a higher authority. Is there a potential to make a claim for consequential losses?
  19. First repossession where there were no arrears, details in this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?426052-HBOS-repossessed-house-No-arrears Now, HBOS have repossessed another house, although unlike the first repossession where there were no arrears, there were arrears on the second repossession though IMHO this still should not have been repossessed. 1. HBOS possibly did not follow pre action protocol relating to this second repossession 2. HBOS did not inform me of the repossession 3. HBOS did not make allowances for tenants renting the property Main reason: Had HBOS informed me of this repossession, then I would have made arrangements to repay the arrears. If necessary, I would have gone to Court to stop the repossession using the Administration of Justice Acts in conjunction with Norgan. However, I was not given the chance to do this since I was not informed! I am writing a complaint letter to HBOS in relation to their second repossession. In the meantime, any guidance / pointers to case precedents concerning repossessions? Ideally, I would like to get the house back. Background notes: As I am usually outside UK (living and working in Russia) the tenants all pay their rent directly to the lenders. In the case of this repossession, the tenant concerned did not pay their rent. Admittedly, I should be checking up on this myself each month, - though I just assumed that if there were arrears, then the lender would contact me. Unfortunately, the lender did not contact me which resulted in yet another repossession. The tenant in question is now homeless. I had found out about the repossession from the rather confused tenant asking why locks on the door had been changed etc... Tenant explained that they had missed out on few months payments but were in a position to repay in full toward the end of August in addition to any bank fees I had to pay due to their late payment. I am trying to find alternative house for tenant and they will pay the arrears in full at the end of August... But, in the meantime - I would like to get my house back from HBOS!!!!! AND.... HBOS clearly ignore customer complaints / concerns (which can be seen from the other thread I linked to above). Any ideas / help / links appreciated, Thanks ps... Post implies landlord / tenants etc - it is a wrong assumption if you assume I am rich and wealthy as I 'own' property which is rented out... This is not the case! I took out many mortgages a number of years ago when it was easy to get Buy To Let mortgages with effectively no deposits etc...
  20. Can anyone tell me if a sticker obscuring part of a parking sign would invalidate the parking restrictions? The image of the sign is part of Manchester City Councils photographic evidence to support a PCN against me, and part of it is clearly covered by a sticker. I would post the image here but I don't have sufficient posts to do that, but there is a sticker over the time period when a driver can return - the bit that says "No Return Within 2 Hours" - although someone has covered over the "2 Hours" with a sticker. Thanks for any help...
  21. Hi Would a SAR to a bailiff company produce the paperwork regarding accounts they have collected on Ie Statements of accounts and charges added etc? Thanks
  22. Hi everyone, just some background info first of all. Around a year ago, i had received my first CCJ, in where i fortunately was able to come to an agreement with Arrow Global over a monthly installment plan. It's all going well, and i have kept up with the monthly payments without fault. Though where i have personally let myself down, is in ignoring a second debt that i had which totalled around £6000. The non correspondence from myself has led to another CCJ being sent through my post today. I am financially able to pay this debt through an installment plan (i can go as high as £150 per month). What i will find impossible to do is pay the debt in full. This leads me to a question which is in the front of my thoughts. When i received my first CCJ a year ago, i might be wrong but i can remember in my research, reading how a second CCJ can be held against you, if trying to agree an installment agreement for a second time. Does anyone who is more knowledgeable than me on this subject, know whether this is true? Will i have issues with the court in agreeing a monthly installment arrangement for my second CCJ? Will they now demand a full payment? Again i might be totally wrong and be mistaken in what i did read a year ago. To rest my mind, i thought i'd ask here to the better informed. Thanks in advance for any help!
  23. http://www.change.org/en-GB/petitions/the-department-for-work-and-pensions-dwp-don-t-cut-off-people-s-benefits-while-the-government-gives-a-second-opinion-on-who-is-fit-for-work
  24. im on my second drink drive ban,i didnt get offered the drink aware course in the courts so could i apply for it now?
  25. Hi I wonder if anyone can help in advising me? I had a WCA with atoz nearly 2 years ago. They failed me, benefits stopped, I appealed and won my tribunal on mental factors, then put on ESA (WRAG). Just had a letter from ATOZ calling me in for a second interview only this time face-to-face only (no physical exam). Does anyone know why this is? and as its face-to-face only is it still assessed on points gained? I still suffer with mental health problems and heavily medicated and Im worried how this will come over at the interview. Thanks
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