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  1. I am trying to help someone who nobody really wants to help. There was a case of criminal damage Where this person involved was arrested for criminal damage to a house. On his barristers advice he admitted the damage and was sentenced. It now turns out that the complainant misled the police and also the star witness's known personally by the complainant has also pulled a fast one by misleading the police. How can this be brought to the polices attention as the person prosecuted is sure damage was caused on purpose and blamed on them. How do they go about notifying the police about this ? Spelling and punctuation mistakes have been caused by Auto correct on my my mobile.
  2. I have booked a cabin which company website states bath is included. Since October last year it has been confirmed that these cabins will not have baths. I have raised this with the company twice but no change to website despite promise it would change 3 weeks ago. Any idea of next steps/compensation for not receiving what they are still advertising today. Thanks
  3. Hi all, I am really sorry but I do not know where to put this. I bought an online course. It had a no refund policy and was based in the USA. After going through it - I have realised that the claims made in the sales pitch were very misleading and some were lies. As what is stated in the course is quite different to what is stated in the salespitch. I asked for a refund and was told flat out that it would not happen and then was told that everything I said was wrong - my perception and the facts and that he could prove it. Then was told he would not respond to anymore messages about it. I have spoken to several other people who have felt mislead too. They have been successful at taking the company to small claims in the USA. In fact there seems to be quite the awful trail if you look for it online. I have contacted my credit card company about this and I am waiting to hear back. The amount was £600. As the company is in the USA - what can I do about this? Will the credit card company help me or do I need to do something else? Any help would be greatly appreciated. I get that they had a no refund policy which would have been fine if the salespitch hadn't basically lied. I know the UK law does specify that marketing should not be misleading etc...however as this is a USA company I am not sure how to deal with it. And yes I know I was dumb and it is the first time I have fallen for this crap and I am disappointed in myself but well live and learn and I know it won't happen again.
  4. I'm not sure if this is the right place to post this. But I felt it important to bring to the forums attention. I've just seen a grossly misleading advert in my Facebook News Feed from Wonga. Whilst this is absolutely true for Parking on Private Land, It is almost certainly not the case for Council Issued Penalty Charge Notices... But it gets better: "Especially when the charges seem extortionate" Pot kettle black there I think... Worth reporting to the ASA??
  5. I've just been viewing the Merseyflow website for the second bridge crossing that's just opened. The website can be found here: https://www.merseyflow.co.uk/faqs/penalties To quote them: "A PCN is a legal document, carries a fine of £40, and will be issued to the home address of the registered keeper... ...If the PCN remains unpaid beyond this 42-day period then the penalty will be registered as a civil debt and if unpaid after another 36 days, recovery action will begin." I'm just wondering whether the wording here is misleading and/or illegal. As far as I was aware, private companies couldn't issue penalty charges and fines. P.S: Sorry if I've posted in the wrong place.
  6. Hi, I bought a used car tonight that was advertised with the tagline "Mazda 2 TS with A/C ..." and in the description as "GREAT 5 DOOR SUPER MINI with AIR CONDITIONING". Having driven the car home there does not appear to be any air conditioning in the car. Not that the A/C is broken, there is no A/C. Having checked the vehicle specs it appears that, when purchasing new (I am buying used, 2009 reg car), there is A/C as an optional extra, which doesn't appear to have been taken. What are my rights as a consumer having handed over ~£3k of my hard earned. The car was bought from an approved Mazda dealer but as I have only bought the car just before they closed I haven't had a chance to raise this with them. I plan on calling them tomorrow to ask about the problem but would like to understand my rights before hand as I don't want to be fobbed off. Thanks, Andy
  7. Hi Everyone, First post so please be gentle.... .... just wanted to see what others thought - I have been trying to rebuild my credit following some debt issues 20 years ago. I saw the website advertised on the TV and thought I would take a look. The site is great , advising me on credit cards that could help me with rebuilding my credit. I am currently in a great job with regular income so this seemed ideal. I applied for 2 credit cards as suggested and was accepted with fairly low credit limit. I have been using these cards and paying them (not just the minimum payment) and all going well. I then received an email from the site that I regularly receive every few weeks informing me of my current credit score and to my joy the credit score had increased - within the email was an opportunity to continue increasing my score my applying for another card- I entered details and was told 90% chance - so clicked continue and filled out application online similar as before. Message popped up saying further info was required and company of credit card would contact me. 5 days later I received a letter saying that the card I applied for was declined as I had taken out a credit card only 9 months ago from the same "parent" company - this search was now to be shown on my credit file as a negative ! Now, I realise that applying for multiple cards is a bad thing for credit scoring, however I felt a bit cheated as I was only following Clearscores own email stating I should apply to continue rebuilding my credit !! Their suggestion has now ended with a negative mark on their scoring system ! I just feel a disclaimer should have been present for me to see (not hidden in layers of small print) when I applied stating that even though we have recommended this card to rebuld your credit , applications to this credit card provider may be adverse ifyou already have one of their cards.... ...Am I being reasonable or not ? Happy to hear whether you agree or disagree with me Thanks in advance Kev
  8. I recently purchased a Flight on Opodo The reason I booked with Opodo was because it gave certain assurances that I would be able to cancel my flight and receive a refund if I booked though them. My trip was subject to change so I was shopping around for a flexible airline (for september) The first statement although not misleadign itself, did make me feel more comfortable about the booking: "Free cancellation on most routes and airlines" - now I agree this doesnt say ALL route and airlines, but its already put my mind a little at rest and made me feel comfortable to continue further The final nail in my coffin as it were is the statement on the following page: Trip Cancellation Insurance , a BIG bold blue box stating "Life is Unpredictable - dont lose your money if you need to cancel your trip" now there is a link to the full terms of the insurance, but given his bold statement and believing by purchasing this I wouldnt lose my money if i needed to cancel I went ahead and booked. Had this statement not been there I would not have continued with the purchase So correct me if I am wrong but Consumer Protection laws protect me from misleading statements, if a misleading statement is made which leads me to make a purchase I wouldnt otherwise have made then they are breaching the laws? Appreciate any help how to resolve this, Opodo keep fobbing me off to the insurer to make a claim when it is Opodo who own and operate the website and are solely responsible for the content published on it
  9. The Direct Debit Guarantee says: "If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society If you receive a refund you are not entitled to, you must pay it back when the organisation asks you to" Twice now I've succeeded in getting a refund within hours. Both times with the Coop Bank, but all banks seem to have similar or worse procedures. The Coop says "before making [a refund]... we need to establish whether the claim falls within the scheme. Our internal timescales[sic] for carrying out this investigation is 24 hours." The BACS scheme advises "Refunds paid under the Guarantee are immediate once the error has been established." I think the wording of the guarantee is misleading. The wording should be changed to "you are entitled to a full refund... as soon as it has been established that an error has occurred". My question is... where should I address my complaint/suggestion? Or, do you ladies and gentlemen think that the wording is ok? Many thanks for reading. Best wishes, Neil
  10. Hi all, I have recently caught out Carphone Warehouse on a deal that they were advertising on their website, which proved to be misleading. I found a deal on their website entitled 'save up to £100 on SIM FREE phones' upon clicking this deal a phone I have been looking for was posted on here, although with no discount at all on it, but instead offering a free gift instead (worth £69). I raised the issue that there was no discount on the phone SIM FREE and was told that what you get instead of discount off the phone itself. I have then reached out to both their Twitter and Facebook pages reagrding the issue providing screenshots of issues I had as proof. I subsequently did not get a response to it. I then went on to call their customer service team as it was the most relevant phone number that I could find for the issue I had. Upon speaking to them, the guy I spoke to didn't give me any help, but just relayed exactly what the website said and stated there is nothing he can do. I said 'thanks for the help' when he sighed and hung up on me. I then emailed PR after searching through their website and finding two email address that were higher up and PR related. I recieved an email back the next day (6th December) asking if they could phone me and chat. I gave them a number and they rang me the next day (7th December). I explained the issue and the person I was speaking too didn't mention the issue of the advert being misleading at all, but made it clear to me that the phone was already heavily discounted from £719.99 to £599.99 yet there was no evidence of this. The phone is made by Google and upon checking on their website the phones retail price is £599.99, yet I was told there was already a £120 saving on the phone from retail. He then went on to finally mention the issue of the misleading advert and said that they are willing to offer me £25.00 grattitude in exchange for pointing this error out. They have since subsequently removed the phone from that deals page and also three other phones so they clearly then realised that there are numerous phones that were misleadingly advertised. These deals had been on the website for at least a week or so, meaning that more people must have seen it. I was unable to speak last time I spoke to the advisor, so asked him to call me back today (9th December) and he hasn't, I phoned him and he was busy so waiting for a call back. I have not actually purchased the phone as of yet, I am still looking to purchase it, I feel as if £25.00 grattitude is a way for them to hope for me to let this go. Am I right to feel as if I shouldn't accept this and pursue it further or just take the grattitude and leave it be as they have removed the advert? I feel that the cost of the free gift that they were advertising instead of the correct deal is a reasonable grattitude (£69).
  11. New rules forcing broadband firms to be clearer in adverts on the costs of their contracts have come into effect. Broadband suppliers will now have to show upfront and monthly costs, without separating out line rental prices, according to the changes brought in by the Advertising Standards Authority. The rules were originally due to be implemented in May, but firms asked for more time to comply with the changes. The ASA said customers were now much less likely to be misled. To comply with the new rules, broadband providers will now have to: Show all-inclusive, upfront and monthly costs, with no separating out of line rental prices Give greater prominence to the contract length and any post-discount pricing Give greater prominence to upfront costs http://www.bbc.co.uk/news/business-37818861
  12. Question. When is 100% solid hardwood not 100% solid hardwood? Answer. When it is sold by Oak Furniture Land. While it is true that they did not use any veneer, they use a choice of words when describing their furniture. OOPS! https://www.asa.org.uk/Rulings/Adjudications/2016/10/JB-Global-Ltd/SHP_ADJ_339625.aspx#.WAfBrST_qM8
  13. I bought a mobile phone from an ebay licenced trader in March. 6 weeks later it stopped working - whereas it was advertised as NEW it turned out to have had a previous owner, who's probably reported it stolen/lost after selling to the shop I bought it from. The shop have offered 50% of £430 purchase price, but I believe I should be able to claim all under Consumer Rights Act 2015? Nobody can tell me if it has been stolen or whether it's just lost, incidentally. Original network appear to have barred phone. The ad title was UNLOCKED - NEW & BOXED. The trader said that the item condition was NEW not that it hadn't been owned or used before. I thought I was buying direct from a store (and didn't realise they were a pawnbroking chain at the time) with a small saving v RRP as it was a phone (galaxy S6) that was becoming obsolete. The store said that ebay was for resellers and secondhand goods and that I shouldn't have expected a NEW phone (they have since sold another S6, advertising it as BRAND NEW......). Please see attachment for full details. Thoughts appreciated as I am strongly contemplating legal action now. ad for S6 I bought.pdf
  14. In 2011 I opened an Argos card account and have never missed a payment or paid late. With that in mind, last year due to personal circumstances I have defaulted on a financial arrangement with a different organisation. Upon checking my credit file regularly I have seen that Argos are reporting that my account with them is showing; The account status is currently under review due to a query. Argos have been reporting this same status since May 2015 - long before anything else went into arrears. Are they allowed to do this and if not, what course of action can I take against them? I have tried calling them to ask the question but they were evasive and told me to write to them
  15. Hi everyone, I’ve been having issues with Harland/CRS and have had a few correspondence go back and forth with the help of this forum but I’m a little stuck with what to do next now and would love some advice. I appreciate that this is a little long winded but I didn’t want to leave anything important out…

The story so far;

After visiting Hone Gym is and chatting to a staff member they informed me that I could pay £20 for a months membership with no obligation, I made what I believed to be a one off payment with the website being what I perceive now to be heavily misleading. I didn’t realise until 9 months later that they had continued to deduct £20 from my account every month. I immediately cancelled the DD, had my bank raise an indemnity claim and thought no more about it. Roughly a month later on the 23/07/15 I received a letter from Harlands stating I had ignored their first letter (which I never received) and that the £179.91 that had been refunded was now £204.91 to include their admin fees. I replied with the following;
 Re; Hone Gym Membership Ref No: edited Regarding your statement that a letter dated 3rd of July was sent to me at my address, no letter was received. Please forward a copy of this letter. An indemnity claim was made as I had only authorised one payment to be debited from my account, not nine. The Hone Gym website has demonstrably been updated a number of times and has subsequently changed its wording to make it clear that further payments will be automatically debited. This was not the case when I approved a registration payment and a one month membership payment to be taken and goes against what I was told by senior staff at the gym. Namely, that I would have to action the payment each month and that I would receive a new pin for entry. As I was provided with misleading information regarding the ongoing deduction of funds from my account and the terms of the membership I consider this to be a breach of Section 5, CPUTR 2008. Please respond within 14 days or a complaint to the OFT will be made without further notice. Kind Regards Clueless Dan
 On 14/08/15 CRS sent a letter covered in bold red lettering stating they’d been employed by Harlands and I now owed £278.68. This was my reply; Dear Mr Avery Re; CRS Ref No: edited Harlands Ref. No:edited As I stated in my previous letter, the information provided to me both on the website and by staff members in the gym was misleading. I did not authorise the ongoing deduction of funds from my account after the first month and I consider this to be a breach of Section 5, CPUTR 2008. Firstly, with reference to the above account, I request that you send me a true copy of the credit agreement, signed by Daniel Johnson and entitled “IMPORTANT: PLEASE READ CAREFULLY”. I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and am entitled to receive a copy of my credit agreement on request. Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter. I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. Also, since you are a debt collection agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER : 1. True copy of original credit agreement 2. Statement of account 3. Copy of the executed deed of assignment from Hones Gym to Credit Resolution Services As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Secondly, I draw your attention to the OFT guidelines on debt collection: Charging for debt collection 2.9 Charges should not be levied unfairly. 2.10 Examples of unfair practices are as follows: a. Claiming collection costs from a debtor in the absence of express contractual or other legal provision. b. misleading debtors into believing they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision d. applying unreasonable charges, for example, charges not based on actual and necessary costs e. applying charges which are disproportionate to the main debt. I consider your charge of £73.77 to be disproportionate to the main debt and not based on actual and necessary costs. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested and consider this matter to be “in dispute”. Thanks in advance and I hope to hear from you within the statutory time limit. I look forward to hearing from you. Yours faithfully, clueless Dan On 12/09/15 I received this reply. [ATTACH=CONFIG]59298[/ATTACH][ATTACH=CONFIG]59299[/ATTACH][ATTACH=CONFIG]59300[/ATTACH] Where can I go from here? I’m starting my second year of uni this week so really don’t need the stress and can’t afford the expense of just paying out. I appreciate that I could have been a little more thorough in reading through the documentation but took the staff at their word which was in keeping with the misleading wording of the website… Any advice would be hugely appreciated, Kind Regards Dan
  16. I am appealing for advice in this case in which Barclays has failed over a 2 year period to put right errors on my mortgage account and now refuses to abide by the binding settlement terms. To confuse matters, the Ombudsman provided misleading information which led to me agreeing the terms and the complaint being closed while the issues are unresolved. Ombudsman has now washed its hands of the case and told me I need to sue Barclays. The Financial Services and Markets Act 2000 (FSMA 2000) makes an Ombudsman’s decision legally enforceable in court, but I can find no solicitor to take on my case on a no-win-no-fee basis and I am not in a position to incur legal fees. It is an obvious winner with loads of political mileage for any law firm. I assume I need to sue once for the statement which they were supposed to provide under the settlement terms and then again later for my losses- which I can only work out once I see the statement. The complaint relates to Barclays’ failure to credit my account with several thousand pounds of overpayments, even claiming the balance had INCREASED after said overpayments. This was my 3rd consecutive complaint regarding Barclays’ mismanagement of the same account. Under the settlement terms finalised 2 June 15 by the Financial Services Ombudsman, Barclays was to provide “a full breakdown of my (mortgage) account from June 13, showing when each overpayment was applied and a clear and accurate explanation for any amendments made to the account”. Barclays has failed to provide the above documentation, but not before lying to the Ombudsman claiming it had! A misleading letter from the Ombudsman claimed the account was now in order (Dec 14) and I thus agreed the settlement terms, which included a nominal payment (which the bank has made). However, the documentation that Barclays was to provide is obviously central to the complaint, particularly since I now have documentary evidence proving the anomalies on the account have NOT been corrected by Barclays. This may be why the bank now refuses to provide the documentation. This documentation was only made available to me by the Ombudsman AFTER I had agreed the settlement terms, believing the account to be correct, and AFTER Barclays had failed to comply. The Ombudsman provided me with documentation the bank provided to it during the course of the investigation, including a calculation (not a statement) which states “this calculation has been provided to assist with the resolution of the complaint”. This documentation does not tally with an independent audit of the account I was obliged to fund. The document makes it clear NO remedial action has been taken, ie it contains a heading “steps required to rectify the account” as opposed to “steps taken to rectify the account”. Nevertheless the Ombudsman told me in writing the account had been corrected! The document is virtually impossible for a layperson to understand and abruptly ends March 14, giving no clues to the current balance and states “the balances shown on this calculator do not represent the actual balance on the account”, so the information is of little use, hence the instruction from the Ombudsman that Barclays provide me with “a full breakdown of the account from June 13, showing when each overpayment was applied and a clear and accurate explanation for any amendments made to the account”. So I have no idea how much interest I have been and continue to be overcharged by the bank on the incorrect balance I was a diligent overpayer until Barclays mismanaged the account. Based on my previous pattern of overpayments, I have been prevented from overpaying at least 10k to date. I have written to John McFarlane CEO asking him to ensure his staff provide the documentation as per the binding settlement terms, to clearly show how much interest I have been overcharged, what steps have been taken to correct the account, and what the correct current balance is, however, it is highly unlikely I will receive a response based on the bank’s attitude thus far. The FCA said they could not assist. I wrote my MP who says he has written to them but won’t show me a copy of the letter. I made a formal complaint about the Ombudsman, but that won’t rectify the account issues. I contacted BBC watchdog and various consumer columns and got no reply. I guess no one dares take on the establishment. I have posted on Barclays FB page and would now like to post the above letter online as widely as possible – any ideas as to where and how would be appreciated. Also any advice on where to find a law firm to represent me on a no win no fee basis would be appreciated.
  17. I recently bought a car from a dealer where the advert in the autotrader said it was a 2001 model. It stated on the V5C form that it was first registered in 2001. However when going to insure it I found out that it was in fact a 1997 model. At first the dealer denied he knew anything about it, but a day later admitted full responsibility. I told him to take the car back and repay me which he agreed to do. However he has since changed his mind and claims that as he didn't know the real age of the car its not his fault. He had himself purchased the car from another dealer who also claimed ignorance. These dealers have about 40yrs combined experience in car selling. He did at a later date offer £700 in compensation. But I clearly stated to him that I did not want the car and that I was specifically looking for a 2000/1 or later model. After several letters and the threat of court action, he emailed to say that I did not buy the car from his garage but from a dealer I have never heard of. And he signed saying ..take me to court , I don't care. I have written the final pre-court action letter to him which he has, to date, ignored. Is it worth going to court for this? I have a car a do not want and never wanted, in fact, if it was advertised correctly I would never have gone to see it in the first place. The amount is £6000.
  18. Up until this evening Apple had always been a brand that I trusted and had always had confidence in purchasing products from them. I have had my Iphone 5 for just over 2 years now and a few months ago I started to notice serious problems with the battery life. It would show that it still had 20 percent charge and then suddenly just run out. I got caught out quite a few times because of this. I decided that I needed to get the battery replaced. After some research I was really pleased to discover the following; https://www.apple.com/uk/support/iphone5-battery/ Apple has determined that a very small percentage of iPhone 5 devices may suddenly experience shorter battery life or need to be charged more frequently. The affected iPhone 5 devices were sold between September 2012 and January 2013 and fall within a limited serial number range. If your iPhone 5 is experiencing these symptoms and meets the eligibility requirements noted below, Apple will replace your iPhone 5 battery, free of charge. Eligibility If your iPhone is in working order and exhibits the symptoms noted above, use the serial number checker below to see if it is eligible for this program. Finding your iPhone serial number is easy. See how. Replacement process Choose one of the service options below to have your battery replaced. Your iPhone will be examined prior to any service to verify that it is eligible for this program and in working order. Please call your service provider to confirm that battery replacement service is available on the day you visit them. Apple Retail Store - Make an appointment here. Apple Technical Support - Contact us. To prepare your iPhone 5 for the battery replacement process, please follow the steps below: Back up your data to iTunes or iCloud Turn off Find my iPhone Erase data and settings in Settings > General > Reset > Erase all Content and Settings Note: If your iPhone 5 has any damage such as a cracked screen which impairs the replacement of the battery, that issue will need to be resolved prior to the battery replacement. In some cases, there may be a cost associated with the repair. Additional Information Apple may restrict or limit repair to the original country of purchase. For iPhone 5 devices purchased in EEA member countries, service is available in other EEA member countries. If you believe your iPhone 5 was affected by this issue, and you paid to replace your battery, you can contact Apple about a refund. This worldwide Apple program doesn't extend the standard warranty coverage of the iPhone 5. The program covers affected iPhone 5 batteries for 3 years after the first retail sale of the unit. I tapped in my serial number and I was really pleased to discover that my phone was one of the models that was affected. I therefore booked an appointment at the Genius Bar in the Apple Store at Lakeside for 8.50 this evening. We arrived on time and spoke to one of the advisers who checked my name off on his Ipad and asked us to take a seat. We then sat there for over ten minutes seeing loads of their staff coming in and out of the repair area but not one of them acknowledged us. Eventually Richard asked one of them how much longer would we have to wait and we were told that someone would be with us in a few minutes. A young man came out and I explained to him the problems that I had been having with my phone. I also informed him that I had checked on their website any my phone had one of the serial numbers that are eligable for a free battery replacement. He then advised me that he would get one of the repair staff to have a look and would be back with us in a few minutes. When he returned he had a rather serious look on his face and told us that he had bad news as the water damage indicators on my phone are red and this would mean that they would be unable to replace the battery and my only option would be to purchase a replacement phone for £179.00 !! I was fuming. I pointed out the fact that my phone is in perfect working order and the only reason I came to the store this evening was due to the fact and that Apple had stated that the battery that had been supplied with my Iphone was faulty. I was then told that they could not carry out any work on my phone due to the damage. I then asked them if they were prepared to simply give me a new battery which I could get replaced elsewhere but they refused as it was against their rules ! I then asked to speak to the Manager who told me exactly the same thing. However, he was prepared as a gesture of goodwill to reduce the cost of a replacement phone to £120.00. I told him that I was not willing to accept this and I asked him to show me where it stated that the battery could not replaced. The Manager then pulled up another document that quoted their policy on changing batteries. I then pointed out to him that this was not referring to faulty batteries that had been recalled by Apple. As you can see from the document in bold above it makes reference to a broken screen but there is no mention of water damage. I think that their Customer Service is a total disgrace !!!! .
  19. I'm new to this site and came across it whilst trying to see what else I could do about what I see as extreme unfairness from HSBC. I have been their client for the last 9 1/2 years. I had also had an account at a young age with the old Midland bank. Through online banking I saw they were doing this amazing personal loan at 3.9% APR. Since I have a credit card with them which I must admit I am paying a very high rate (increased from 18.9% to 21.1% or around that - unsure of amounts) I thought I'd take a loan and clear off the card plus take a holiday since their low APR is for loans from £7k to £15k. I was looking at borrowing £8k during 36 months. So I was brave and applied for it online. It told me I had to contact the bank by telephone. I did. After asking me a few question (eg. what the loan was for) they said it had been approved but the rate was 9.9% APR. I queried it and was told that that was it. I asked if they could put it in writing and was told no. Seems they can only put in writing if I had accepted the offer. Anyway... I went to my local branch and asked who I could complain to and explained the situation. I was told to join experian or equifax. I joined experian and my credit score was showing as excellent at 965. The only downside on it was a credit score check by HSBC which meant when they checked it was even higher. My only debt is to HSBC and is that c/card. I have never missed a payment on anything nor with anyone. Seeing that the loan is to clear the card then that would vanish from the account anyway. After checking with Experian I tried applying again and was told to contact them again. I decided to email them. Found a customer care team email address. Emailed them. Had no reply for a couple of days so sent them a message on online banking asking why no reply. Was told that they "never received said message". Asked me to email again which I did and had an email confirming receipt but no other reply so far. I have also sent a complaint to the financial ombudsman. Just saw on the forum they don't see to be as helpful as I first thought. I keep being told by HSBC that the APR they offer is due to "several factors". All I want to be told is "this is the main reason why we offer a higher rate" or "if you change this then we can revise the offer". Just feels like they are offering the higher APR as then I won't be paying the ridiculous interest I'm currently paying (around £55-£60 per month just interest). It feels like they are saying that since they will not get as much from me then they will charge me more. Without me asking they increased my c/card limit to £6.5k. For them to do that they know I will repay that amount and likely a high interest amount. If they are confortable enough to do that then why charge me such a higher rate? Are they misleading customers? I had another friend who has no debt at all and applied and had the same answer as me. Is there any way they can actually prove they have offered this rate in good faith? It truly doesn't feel like it. It feels like they refuse to discuss the subject and suggest any positive solution to what I'm querying. I am currently waiting a response from the customer care team and from the Financial ombudsman but seems like I shouldn't hold my breath. If there any place I can complain if I truly feel they are misleading customers? It feels they hold out a sign saying an excellent deal here but then it's all fake. I'm sorry it is such a long post but am truly at a loss on what else to do. I'd appreciate any help or advice if possible. Thank you
  20. I wonder if I can get some input regarding a situation I am currently dealing with. At the end of December, I sought out a performance coach for assistance and treatment of social anxiety. I had three paid sessions with the practitioner and they were amazing. The fourth session, it wasn't so much a therapy session but more of a sales session whereby we only discussed the possibility of embarking on a full program. During this sales session, the practitioner presented a contract detailing the particulars of the program and there were three separate mentions of guaranteed outcomes as part of the program. The cost £3730. This essentially consists of one 11 hour session and 3 one hour followup session concluding in April. Long story short, I only have 2 one hour sessions remaining on the program and I have seen no resolution to my anxiety. In fact, i am worse off because i now have credit card debts and I was also involved in a car accident on the morning of the main session after the practitioner advised to me to move my car to another parking centre. I have spoken briefly with CAB who have advised the following: Criminal Offence: The trader’s actions could be considered a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008. Your rights and obligations: On 01/10/2014 amendments were made to the Consumer Protection Regulations. These regulations now state that if a consumer is subject to an aggressive or misleading practice by a trader, they could have the right to ‘unwind’ the contract for a full refund. Under this guidance, I have decided to pursue a claim against the practitioner and I wonder if someone can clarify a few points I have outstanding. 1. Because I have retained a printed contract which outlines the structure of the program and the guaranteed results, I wonder if I am in a good position to pursue a full and complete refund of the program costs and the sales session, or if I would be more likely to win if I pursue a partial refund excluding the session times. 2. Should I mention the car accident as part of my claim as I would not have been in this position had I not been attending the session. 3. Do I need to prove the guaranteed results have not been obtained? If so, how is this possible where psychological concerns are involved? 4. Finally, what action should I take if the practitioner refuses to accept my claim? Can I make a chargeback on my credit card? I have written a mock letter, but just need to know what the likelihood is of claiming compensation in this respect. Thanks in advance.
  21. DSG Retail Ltd Share on twitter Share on linkedin Share on facebook Share on google_plusone_share Share on email ASA Adjudication on DSG Retail Ltd DSG Retail Ltd t/a Currys PC World Agency: AMV BBDO Ltd Complaint Ref: A15-290696 Ad A press ad for Currys PC World stated "Save £200 on our colourful range of HP Pavilion laptops" and featured images of three laptops from the HP Pavilion range. Text underneath stated "Get everything you've always wanted in a laptop. Like a fast Intel® Core™ i5-4288U processor. Pin sharp Intel® Iris™ graphics for advanced video and image editing. And a huge 1.5TB hard drive to store all your music, films and photos. Come in store or go online to see the full colour range and pick one that suits you for just £399". Issue The complainant, who understood that some products in the HP Pavilion range were not discounted by £200, challenged whether the claim "Save £200 on our colourful range of HP Pavilion laptops" was misleading. CAP Code (Edition 12) 3.13.3 Response DSG Retail Ltd t/a Currys PC World said it seemed the complainant had focused on the claim "Save £200" rather than on the ad as a whole. They said the ad referred to their "colourful range of HP Pavilion laptops", and featured images of three differently coloured laptops which were all discounted by £200. They highlighted that text underneath the images referred to an Intel Core i5-4288U processor, Intel Iris graphics and a 1.5TB hard drive, stated that customers should check online or in store to see the full colour range (because a pink variant with the same specifications was not featured in the ad), and that the price of the laptops in question was £399. The ad also showed the Intel i5 and Intel Iris Graphics logos. Currys PC World said the three laptops featured in the ad, together with the pink variant, were their only HP Pavilion laptops which included all the specifications featured in the ad and were priced at £399. They considered the ad therefore was not misleading. Assessment Upheld The ASA considered consumers would understand the headline claim "Save £200 on our colourful range of HP Pavilion laptops" to mean that all HP Pavilion laptops were discounted by £200, and that the three laptops featured in the ad were included as examples of the laptops in that range. Whilst we acknowledged that further claims provided information about specifications and referred to a price of £399, we considered it was not clear that those details specifically related to the three laptops featured in the ad plus one additional laptop rather than to the HP Pavilion range as a whole. We considered that text therefore did not provide clarification to the implication in the headline claim that the £200 saving applied to all laptops in the range. Furthermore, we considered that even if that text had made clear that the specifications and pricing related only to the three featured laptops and an additional pink version, that qualifying information would have contradicted, rather than clarified, the headline claim. Because the ad was likely to be understood to mean that all laptops in the HP Pavilion range were discounted by £200 when that was not the case, we concluded that it was misleading. The ad breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising). Action The ad must not appear again in its current form. We told Currys PC World not to make claims that discounts applied to entire ranges of products when only some products within the range carried that discount.
  22. Hi, just wanted some advice regarding a would-have-been purchase for me. I saw a listing on a national building centers website ( a section for trade members specifically ) for a deal on an in-store collection item which had a ladder for sale at £24.00 inc VAT however the ladder you would actually be given at the till is not the ladder that they list the specifications for online. as this would result in me making a trip to the store ( a 35 min drive ) to find out that the online page was not correct, where would I stand? I do hope this makes sense. Many thanks
  23. Hello Everyone, I have recently joined Bannatyne's through a special offer, which they text to me, which is really misleading as can be seen from my email to them below: Dear Sir or Madam, I am writing regarding my recent application for membership with the club, which became active from 16th March 2011. I contacted Bannatyne's back in December regarding membership but due to being busy with work I couldn't join but received regular offers by text message from the club. I got the following text message from Bannatyne's before I joined: 'Join Bannatyne's Peterborough for no JOINING FEE!* Receive a £90 Sports Pack, ends today at 6pm!. Call 01733292600 or text STOP to 88882 *T&C's Apply' On the basis of the text I decided to join the club as I was getting something back before I joined. I had no idea how to view the T&C's nor did I know where to look for these. I booked an appointment with 1 of the sales staff and asked about the £90 Sports Pack and was told that everyone who joins receives this and I will get this too. I was taken around the club to view all the equipment and facilities available to members, after that we got all the paperwork completed. I was told that 4 of my friends are entitled to free passes from the club, I filled in a form with their details including their telephone numbers. I was also told that my other half would get a 1/2 price spa treatment at the club. I was NOT told that the free passes and 1/2 price spa treatment would be in my £90 Sports Pack. I left the club without being given a Sports Pack, the day after I went to the club for my introduction with 1 of the trainers and asked for the Sports Pack and I was given a Sports bag with a tag of £8.99 on it, I realised at this stage that I was not going to get a Pack. After only being given the £8.99 Sports bag in the Pack that I was offered, I was puzzled as this clearly was not to the value of £90. I called the club and spoke to the sales rep that I initially saw when I joined and explained this to him and was only told then that the Sports Pack entailed the 4 free passes for my friends and the 1/2 price spa treatment. I asked why I wasn't told this before and didn't get a satisfactory answer, the member of staff was only in his first week of employment with the club apparently. I was told to speak to him when I come to the club later that day and he will ask the manager to be in the discussion with us who would be in a better position to provide the answers. After about an hour of this conversation taking place, I received the following text: 'Refer a friend to Bannatyne's Peterborough & when they join you will receive a Bannatyne's rucksack call now for more information 01733292600 text STOP 88883' Not only was this text un-necessary it was undermining my conversation an hour earlier, which probably led to a laugh and giggle at the club at my expense. After receiving the above text I decided not to go to the club on that day, 25th March. I phoned the club on the 26th to discuss these issues and spoke to the Manager Gemma. Regarding the issue of being misled about the offer I was told that this is a standard text that is usually sent by the club, initiated by the head office and actioned by the individual club's and was informed that there is nothing wrong with the text from a legal perspective. I tried to explain that I felt like I was mis-led into the membership but was told by Gemma that we are going around in a circle and she doesn't feel like it's appropriate discussing the issue anymore. Regarding the matter of the text about getting a rucksack, I was told that it's a generic text sent to all members who have joined in the last 3 months. I don't buy this argument as they are fully aware that they provide a sports bag to all new members so why would anyone require a further one. After hearing this I asked Gemma that I would like to cancel my membership with Bannatyne's but was told that I was in a 12 month membership and that I had to remain a member for that period even though I discussed at length the issues that I have had with the club, she refused to acknowledge the issues. I initially paid £39.94, for the rest of the month of March including a £10 fee for a membership card. I am not happy with how I was mis-led into the club and am frustrated that I wasn't told the full picture before I joined and am requesting that you refund me £39.94 as a matter of priority. The original text was misleading, in the sense that there would not be a benefit to me of £90 as majority of this will be taken away from me. The only item to remain with me would be the £8.99 Sports bag. Regarding the issue of the free passes, I have been informed by my friends that they received a telephone call from the club telling them that they are being offered a free pass for a day to the club. Apparently, the pass would usually cost £12 each. If I was not mis-led then why was the phrasing of the text not as shown below: 'Join Bannatyne's Peterborough for only £10!* Receive a £8.99 Sports Bag plus 1/2 price spa treatment and 4 free passes for your friends, ends today at 6pm!. Call 01733292600 or text STOP to 88882 *T&C's Apply' The above text is what was on offer as the £10 membership card fee is necessary to join the club. Bannatyne's will benefit from the 1/2 price spa treatment and the leads to 4 prospective members so, why was the text that was sent to me making it out to look like I was going to be the recipient of a £90 saving? The above text is a true reflection of what was on offer. I also feel like I have been made a joke out of and have been treated in a manner that I am not accustomed to. I have been deceived into this membership and hope that you will be able to come to a satisfactory conclusion with me regarding this matter. I can make an issue of this with the Office of Fair Trading and feel very confident in the fact that I am right in doing so. Not only with this waste un-necessary time for me, this will cause you numerous problems in regards to consumer protection and may lead to litigation. I hope to hear from you soon in writing so that we can put an end to this dispute.
  24. The Green Deal is a government backed scheme that can help you make energy-saving improvements to your home or business, for example: insulation - eg solid wall, cavity wall or loft insulation heating draught-proofing double glazing renewable energy generation - eg solar panels or heat pumps You have to pay back the cost of the improvements over time because the Green Deal is a loan. The BBC has found that some firms promoting the scheme are mis-leading consumers by claiming the Green Deal was free and that they qualified for the scheme - even though they needed to have an assessment. The word 'loan' was never mentioned in their sales patter. Some consumers were told that their council tax bills would be cut if their homes were more energy efficient or that they would get a new boiler if they paid the assessment fee. Across Wales and England only 219 Green Deal plans have been completed but BBC has received more than 250 complaints from viewers who say they have been misled by cold calling companies http://www.bbc.co.uk/news/uk-wales-25290101
  25. My wife recently joined a slimming help website called JustSlim. Initially they give you a 4 day trial where you can decide to continue with one of their various offers. The way the offers are perceived, by the way they are worded, makes it look like 1 month is £40 but take out a 12 month subscription and it is £15 per month and it has a little asterix explaining the saving based on a single month. It also offered a 30% discount code. My wife signed up, and applied the discount code which didn't work. She contacted them explaining this and asked then to just cancel the account. They replied and said they had fixed it and the discount would be applied. At the end of the trial period she had noticed that they had taken payment for the full yearly amount. Again she contacted them and the reply was surprising. They told her point blank she is not getting her money back as she took out the yearly subscription which is full payment up front. My wife went on to their forum after a few attempts at getting a refund and each answer was similar in that she agreed to join and is not entitled to her money back. I took a look on the website and I looked at how it is laid out and although if you look deeper at their offers it appears the full payment is taken but it is designed to fool you into thinking its a monthly option. I also looked at their cancellation policy which states you have 7 full days to cancel after payment is taken, 'provided you don't use the website'. My wife pointed this out and asked them to cancel her subscription and her account and remove any and all her personal data. The reply came back saying, 'Thank you for contacting us, your posts have been removed as requested'. They removed the posts only because she had made a complaint on their forum. Since contacting them they have been completely blasé about the whole issue and are adamant that no refund will be given despite their policy. My wife contacted them initially within the trial period to cancel and they replied by saying she would receive a the discount offer. She then replied on the day payment was taken, so she still had 7 full days to cancel. This was only yesterday but they are sticking to their guns and have stopped replying. She hasn't used their services since the payment was taken but I noticed today they are sending her 'daily updates' as if she is using their services. Sorry about the length of this 'question'. But what can we do about it?
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