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  1. Hi everyone, following on from extremely similar cases, i requested documentation for service charges of a flat i own. Accordingly to regulations (Landlord and Tenant Act 1985 Section 21, as amended by the Commonhold and Leasehold Reform Act 2002 Section 152) they should have provided evidence within 21 days. 25 days later they sent me some receipts making up 25% of the charges. I asked them if that was all they had for that financial year and they confirmed this. So I had these checked and found usual irregularities like wrong calculations for shares and of course all the missing receipts and invoices for many of the services allegedly offered. For example, lift maintenance is £1000, divided by 10 flats they make it £15. Clearly wrong to me and you, but of course their calculators seem to consider maths an opinion. They don't dispute that these calculations are wrong, but they simply avoid addressing the problem. I asked for a refund of all undocumented charges and overcharged, same as I did with other financial years which they refunded. As soon as they received this request they sent another 3 receipts totalling £20 approx; this was well after the statutory 21 days. I rejected these receipt and told them that I was not in a position to accept any further documents because they had already confirmed that they didn't have anymore and the 21 days had passed long time ago. So they're now playing the ignore game and, as the 14 days I gave them are up tomorrow, I am drafting a lba. If you are still reading I thank you, I know it's a bit long but I wanted you to have a good picture. I have a feeling that this time I will end up taking them to court, so I don't want to make any mistake. My question is: Accordingly to the pre action protocol I should suggest an alternative dispute resolution service, however I don't want to give them an opportunity to get the Ombudsman involved, knowing that they are useless. Can I avoid mentioning ADR in my lba? If I do, could they claim that I haven't complied to the letter of the pre action protocol? Or by ticking yes to mediation on mcol I should be ok? Thanks for your help.
  2. First time poster here desperate for some advice after google has proved fruitless. This is a long ongoing story so please forgive the length and thank you in advance if you manage to read everything. I bought my first car 28/06/2018 from a car dealership in Hounslow, ATM Motor Trade. I found the car on Auto Trader, the dealer had good reviews and it was a good deal for the car that I wanted. The drive from my house was around 90 minutes each way but I was confident I was going to love the car. The saleswoman seemed knowledgable and friendly and I bought the car that day. I paid by bank transfer (stupid looking back) and drove the car home. Already on the drive home there were some minor problems with the car not wanting to change into third gear which I put down to my inexperience in driving it and figured I would learn to do it properly. I was also trying to be eternally optimistic and hoping the car was fine despite my instincts now starting to say otherwise. I got into the car the next day and the check engine light was on. This concerned me enough to get the bus to work but I also called the dealer to explain that the engine light was on. They said it was just an issue with the emissions on the vehicle, there’s nothing to worry about and it’s safe to drive. I asked for this to be put in writing for me - already losing my trust and sensing the worst - but that was declined. Having lost all faith in the dealer, I decided to take the car to a trusted mechanic for an assessment. He plugged in the diagnostics computer and also did a thorough check of the vehicle. The number of faults that came up on the computer was higher than 20 and that’s without the physical issues that were found: holes in air pipes, badly worn brake discs, a puncture, even the battery wasn’t attached properly. I took photographs of all of the evidence on the diagnostics computer and areas of the car where the faults could be seen and then the mechanic and I decided it would be best to wipe the faults from the cars internal computer to see if they would recur. I emailed the dealer that day with the evidence I had and told them I would be returning the car for a full refund under the Consumer Rights Act. Initially they tried to offer a repair or a replacement instead but as you can imagine I had no faith in them at this point. Eventually they agreed I would return the car to them. I did so on 08/07/2018. I had driven the car a total of three times - two of those being home from the dealer and back again. The saleswoman was the same person who sold me the car and after much resisting sent me a text message to say that I had returned the car and could expect a refund in 14 days. After the 14 days were up I received an email claiming that there were no faults with the car, they claimed they had driven it everyday with no issue and it was “functioning” and therefore they would not be offering me a refund. They also would not return the car to me but only offered a replacement vehicle. I declined this offer and stated once again I wanted my money back. I have not heard from the company themselves since this date. I ended up escalating the issue to MCOL. The dealer did not respond to the service of the claim, a judgment was made against them and then I finally sent a county court enforcement officer to collect on my behalf. In the meantime the company (a limited company) changed their trading as name therefore rendering my paperwork and claim invalid as the company “no longer existed”. I did not know when I made the initial claim that they were a LTD company trading under a different name. Initially the name was ATM Motor Trade which they changed to Quality Motor Trade Centre (the irony!). I made a request to the court to change the company name on my paperwork and reserve the papers. I have since discovered they have now opened up a whole new business and are trading under this name instead! I am now at a loss for what to do. They currently owe me £2500 which I borrowed in a loan from my bank. I can not afford another car as I’m repaying the initial loan and I’ve been forced to revert to public transport (which is horrendous in my area). It seems they will do anything in their power to avoid paying and are obviously skilled at avoiding the courts. Any help would be much appreciated. I once again apologise for the length of this and thank you for reading.
  3. I called up the payment line to claim back my surety fee today after my vehicle had been clamped by the NSL on behalf of the DVLA for no tax. I was told I had until yesterday to claim it back. It was stated in the leaflet i was given that i had 15 days to claim. Today is the 15th day, but the payment centre said yesterday was the 15th day. I had my car clamped on Tuesday 29 January. Today is Wednesday 13 February which is exactly 15 days after my vehicle was clamped. I am awfully distressed about this as i desperately need the refund. What can i do? Where can i take this?
  4. Hi, looking for some help here as to how I can get Hermes to cough up and refund me my money after losing my parcel. On the 7th January 2019 I sold a circular saw on eBay for £150.00, because of the weight I decided a courier was the best and cheapest way to send it to the buyer. It was dropped off at my local pick up point on Friday the 9th January for next day delivery. It was over a week before the buyer got in touch to ask me what was happening with the package, I was of the understanding it should’ve been with him by now. It was saying on Hermes website the parcel was at a local depot. I sent Hermes a couple of tweets asking for someone to get in touch with me, no one ever got back to me. I finally got in touch via email where I was told my parcel has been lost. Hermes then claimed that as it was a saw it was classed as a sharp object therefore it was classed as a prohibited item, I argued that I took the blade out before I sent it (not true). They then said that despite it not having a blade it still falls under dangerous items and so they wouldn’t be refunding. I’ve since sent them 2 emails asking further questions and have had no reply. can anyone advise me where to go from here, my last email I told them if they didn’t refund my money in the next week I would be taking it to small claims court, is this the right route to go down? Or maybe there’s another method I should be taking? thanks in advance for any help and advice. kevin
  5. Hi I purchased a cctv from Maplin about 8 months ago using my Santander c/card, I closed the account about 6 weeks ago and now the cctv system is broken, Maplin have liquidated of course so I ask.... Can I still claim a refund on my old card? Thanks
  6. Evening all, I ordered some equipment from Fitness Superstore, checked both items were in stock (it showed as such on the website but I checked anyway)and there is an email trail showing this. As I was having them install it I had to submit a form which I did and they acknowledged receipt. I had to hasten info on a delivery date but once they had been reminded of my order this was set for next Monday (11th Feb). Yesterday they informed me that the Monday delivery is only for one item and the other will be restocked 'sometime in March but they don't know when'. It could potentially be 7 weeks before it's available again and then there's the wait for installation. A kerbside delivery isn't an option for us with equipment of this size and weight. After some discussion I have today cancelled the whole order. I did use a credit card but I transferred the money to it on the day of the order so I am out of pocket over £3000. I want the refund sooner rather than later. The way this went I've lost all confidence in this company as they don't give a damn and I want my money back so I can go elsewhere. I can email an LBA first thing on Monday and I'd like to give close of business on Friday as a deadline - all they have to do is press buttons to refund my credit card and I know it can be done. Must I give them any longer? I see two weeks quoted on here quite often.
  7. https://www.consumeractiongroup.co.uk/forum/showthread.php?490294-Received-A-Letter-From-Welcome-Offering-To-Give-Refund&p=5172113#post5172113 Hello. What was the outcome of your refund ? Did you get it ? I have received one of these letters today offering a refund. I was surprised as I think they already knocked off the PPI from my original claim from about 8 years ago.
  8. Hi I've ordered a leather apple watch strap from WSC - THE WATCH STRAP CO. The strap was faulty and I returned it back to them within a few days of receiving it and requested a refund. However they refuse a refund and only offer a replacement or a credit. They claim their terms of conditions clearly state that. I am pretty sure that I have a right to a full refund but I am not sure which is the applicable legislation. Is it the Consumer Rights Act or the Distance Selling Regulations? Where can I find the relevant sections? They also have a sticker on the straps that says that you can only return the item when the seal is not broken. I know this is valid for CDs, DVDs or software but I believe this is not applicable to watch straps. I spent an hour with them on the phone but they would not agree to a refund only stating their terms of conditions - which I think are void but I need the right paragraphs when I write a letter to them. Can anyone help me with the applicable legislation? How would you proceed? I am thinking of initially using resolver.co.uk
  9. Hi all. Not been on here for quite a while but I am really stumped with this. Between 1995 and 2000 we had 4 loans from Welcome 3 paid off but one we defaulted on because of all the force tactics and extortionate charges for phone calls and letters I just stopped paying, I know it was wrong but thought " sod them they have had enough from me " I did make a successful claim for PPI and got paid out, great i thought. Just received a letter from them today stating irrecords show that I am due a further refund as the original offer did not fully put me back in the position I would have been in if I had never bought PPI in the first place. I have moved recently but it states " we have previously written to you regarding this with a additional offer of compensation which still remains outstanding". Due to the time that has passed we have recalculated our offer to include additional compensatory interest of 8% per annum and I have enclosed a revised acceptance form for you to sign and return to us. Our additional offer of compensation is ££££££££. It states. " Our offer of redress will expire six month from the date of the letter, once signed and dated payment will be made within 15 working days." They are requesting copied proof of identity, bit suspicious of this as it's from WF and could it be a ploy or [problem] for me to recognise the debt I still owe. Has anyone else had this.
  10. Hi everyone - haven't been on this forum for ages which is probably a good thing as it means I have no problems that need solving, but need to use all your brilliant advice again. Got a letter from Direct Auto Finance saying I could claim for PPI, they sent a form and also asked for copy of my agreement (which I did have, think was from 2012) filled it all in as we were conned, I remember the sales guy saying we had to take out PPI otherwise we could not get the car without it even though it was over the amount we could afford and kindly left the room for us to "talk about it". Had no option so signed on the dotted line. The total amount of PPI on our finance agreement was £1018.97. Got the letter with breakdown from them today and they have agreed a final settlement of £219.75. What I would like to know is does this amount sound fair or should I appeal. The only reason I don't want them to get away with it as looking back the salesman had no right to say we could not get the car without it. My brother has bought me a ticket to go to New Zealand over Easter to see my nephew so would be brilliant to have some extra money to spoil him. I have attached a copy of the breakdown. PPI.pdf
  11. Hello! I've got into a slight dispute with Urban Outfitters, as I've asked for my delivery cost to be refunded as I returned the whole order and was therefore entitled to it I ordered a t-shirt on 19/11/18 it cost £3.99 for delivery I returned in a branch on the high st on 04/12/18 and was automatically sent a refund email for the t-shirt So I wrote to customer services asking for my delivery back as per the Consumer Contracts Regulations They refused to refund it and when I re-sent my email back they've now responded/ asked: Hi Shelly, Thanks for your reply. Can you please advise if you submitted a cancellation form to cancel your contract with us with in 14 days of delivery? Thanks, Karlie UO Customer Services And the answer to that is 'no' This is the 1st time I've been challenged when asking for delivery costs back, usually ASOS just does it without question. And Silver by Mail apologised and refunded when I asked only earlier this month So my query is - (as I cannot find the answer elsewhere). Is this grounds for refusal to refund as I didn't submit my intention to return? Have they got me here? Thanks
  12. Hello. I have 27 working days waiting for this bank to reimburse a payment that did not reach its destination. This is normal?
  13. I have a credit card debt with Barclaycard dating back to 2014 and have not made a payment or been contacted by them for at least three years. Today I received a letter stating they are making a refund of £75 being an "inconvenience payment" and asking for a contact telephone number my bank details and a signature so they can make the refund. They also state: "We are now closing your account and do not require any further payments in relation to the outstanding balance. Your account is partially settled this means although there is still an outstanding balance on your account you won't need to make any more payments" Is this a fishing exercise to get my details and confirm the debt or is it genuine? Sounds to good to be true:???:
  14. My personal current account was recently suspended pending a 'compliance review' and then about 3 days later immediately closed with no warning. No reason was given so got absolutely no idea why it was closed. They are also saying that the balance (approx £3-4000) will be credited back to the most recent accounts that have paid in, but this won't be done for 6-10 weeks, "possibly longer". They blocked a payment out for my rent (made approx 4 days prior to them suspending the account initially) which they were informed about right away, and which caused the payment to be 10 or so days late - causing a lot of distress as I got grief from my landlord and had to find somewhere to borrow the money from to pay the rent. Can they just do this?
  15. I have/had a disputed figure with Barclaycard, which they either sold or passed to a DCA (different letters state different things). Neither Barclays or the DCA have had the nads to pursue the disputed figure through the courts and as I haven't responded to any of their nice "please contact us, we will do everything to help you" letters, I have under a year to go till the Statute of Limitations (SOL) kicks in. A couple of weeks ago, I received a letter from Barclaycard, apologising for their their being less than fair on me when I was a customer, and awarding me a couple of hundred quid by way of restitution for the fees, interest, arrears, and threatening behaviour they inflicted on me over the years. It went on to say that as I have an outstanding debt, they would pass the money on to them to deduct from my account. Which, as it isn't an admission of unfairly charging extortionate fees and interest per se, I am pretty sure the money should have been paid to me, not the DCA. And if they sold my "debt" to the DCA, as they have stated in the past, then they wouldn't have had any further claim on my account. Of course, the letter went straight into the shredder and into the recycle bin. Then at the weekend, I received another letter again saying they may have treated me less than fairly, and saying they were going to pay £75 IN CASH no less, to me personally. There was an enclosed form for me to send them details of my bank account to pay the money to. Well, whoop-dee-doo! I'm going to be £75 better off. Or am I? The problem is with the SOL. If I return the form to have the money transferred to my bank account, can they misconstrue this to be me making contact with them regarding the disputed outstanding figure, and reset the SOL again? Is it best to err on the side of caution? £75 isn't a huge sum but after being turned down for PIP after being on (undisputed and indefinite) DLA for the last 6 years (another story) it would certainly come in useful.
  16. Parcel2Go lost my item and have admitted liability. I had insurance with them up to full value (£45). They have already refunded me the postal costs (but say the additional insurance cost (a pound or so ISTR) is non-refundable). Seperately, they have offered me a refund of the full value of the item, but I rejected and said I want the cost of packing that was lost too (or like-for-like replacement of such items). They have refused and said they think a refund of just the item value alone is fair. Do you think it's possible to get packaging costs back? It's only a few pounds, but why should I be out of pocket when I didn't lose the parcel?
  17. I bought a car for £6K but it was faulty and so I rejected it. The dealer promised a refund but has not paid it and I have obtained a CCJ. However they have now ceased trading. I have a name and address for the owner and will pursue via bailiffs. However is there anything more I can do? It seems rather odd if there is no criminal offence.
  18. Hi Everyone I purchased a car from a dealer, upon collection the car appeared to be fine, a day or two later a warning light appeared on the dash showing traction control system failure. This has made the car dangerous to drive in the wet. I took it too a dealer who couldn't diagnose the issue. I then took the car to a BMW specialist who told me the car has been in an accident and rear suspension badly damaged, it was repaired with poor workmanship. they advised me that the car should be returned to the dealer or I could pay £1400 to repair the damage but mentioned that this was not guaranteed to correct the issue. I Have informed the dealership of this and they admitted to having worked on the car, this was never mentioned to me before delivery. I have now requested a full refund and they refuse to refund me the full purchase amount due to them not knowing when they will have funds available. I have owned the car for just on 2 weeks. We paid cash (£2000) and did a electronic payment into the dealership account. Please help. Thank you
  19. Hi guys, new member here, with a situation which I thought seemed very wrong - I hope somebody can advise. 3 years ago I defaulted on a small barclaycard, which with interest and fees went from the £1500 limit to nearly £3000. The debt was sold on by Barclaycard to Robinson Way, and is now held by Hoist. I have an agreement to pay the debt off which works fine for me - I don't even notice it. I recieved a letter from Barclaycard a couple of days ago, where they own up to malpractice with fees and interest charges. As a result of this malpractice they have issued a compensation amount of just over £500 - great! The problem is, they're issuing that to Hoist as a credit on my account with them. I have a real issue with that. BarclayCard committed these malpractices against me, and I think that as such I should recieved the sum directly. My situation with Hoist is nothing to do with Barclaycard -- they certainly shouldn't be allowed to issue compensation for malpractice against myself, and give it to another party. I think at least anyway. Would anybody be able to advise on my rights here? I've been in touch with Barclaycard and got a very insincere apology from a talking head, who says that they definitely can't send me a cheque - who'd have thought a bank can't send a cheque?! thanks in advance Andy
  20. Hi, this is my first post on this site and I would like to thank you all for help and guidance I have recieved. This is my history so far;- 9th October sent 2 x DPA letters to Barclays Bank 9th October sent 2 x DPA letters to Barclaycard (only got reply on one) 9th October sent 14 day letter to Barclays requesting £1180 refunded 14th October recieved letter from Barclaycard stating files on microfiche "not readily accessable" Asked for £3 per statement 17th Octboer recieved 2 x lots of statements from Barclays 24th October issued small claim against Barclays (£1180 increased to £1482.75) 24th October sent 14 day letter to Barclays for refund of £3535.00 I will keep you all posted, thank you.
  21. Hiya I took out a couple of log book loans via Cash Converters between 2010 and 2013. The first was paid in full, the second I have no idea what the status is. I was in financial difficulty at the times of taking out the loan, due to several reason, one being a gambling addiction and an endless cycle of payday loans. When I took out the second loan against my car, the man who agreed it even commented on how much money i was gambling and said that he really shouldn't approve the loan but that he would for me. The car was repossessed by them and my sister lent me the money to get it back which was around £800, they then said I still owed them another £800 or so. I'm not sure whether I paid anything towards that, but I moved house, and they were aware of my address change. A few months after I moved up here my car was clamped as I let my tax run out and the car was taken by the DSA and I never got it back. Log book loans had the V5 and I have no idea what happened with the car after that, whether they took it or it got crushed. I haven't heard anything from them since 2013. I have since had help for my gambling addiction and have been getting my finances back on track and have seen online that it is possible to make clams back against some of these lenders for unaffordable borrowing. I know it's not their fault I had an addiction but there were no real checks in place when they were lending me money and I think that had they checked properly I wouldn't have been allowed a good 3/4 of the loans I got. I just wondered whether I could arguably make a claim against log books loans given that they may consider I still owe them money? Realistically they should not have given me the second loan at all, at the time I just needed the money so the fact that he said he give it to me even though he shouldn't was a bonus. I know that him saying that would come to he said she said but he had copies of my bank statements and they must have been file with his office so they could verify it as unaffordable from that surely? Any advice appreciated. Thank you in advance.
  22. Hi - after some of your valueable advice. Got a letter from Barclays Bank saying they had reviewed their accounts and that some of the charges they had place on my account were unfair and that there was a refund of £434 due to me BUT this had been paid into the overdraft on my account. I closed my Barclays account in 2016 and there was a DRO taken out which covered the overdraft on this account which was still owed. So is that correct that the refund should go towards this, since the O/D was written off with a DRO in 2016 so did not owe them anything. Also they did not specify that charges were directly related to the O/D they were charges placed onto my current account. Sharon
  23. Hi, First time post here, but given the nature of what is going on I could really do with some advice. So this all relates to a refund they gave my partner and I some 2.5 to 3 years ago. At that point we were living in a one bedroom flat with a prepayment meter. Now, according to nPower, due to a mistake on their side (they said over charging) we were to be refunded £500. Upon receipt of the refund letter my partner phoned nPower customer services to ensure it was genuine and it wasn't being handed out in error. We were re-assured it was genuine and that we were definitely owed the money. Flash forward to yesterday where one of their lovely threat letters was dropped onto my doormat in our new house. This letter stated that we owe £429 due to unpaid charges (from 2.5-3 years go!), with £7 of that being a trace charge as we hadn't provided our new address to them (we left nPower about 6 months before we moved house and went with another provider and ceased to be a customer, therefore no need to inform them of anything). Now, according to nPower, the money they refunded was correct, however, as the money really should have gone into the pre-payment account and not the standard tariff account we have taken £500 from them and not paid for our gas and lecky which was used under the pre-payment account. I understand the issue they are having, but I fail to see how after 3 years they can try to claim we owe this money. It is simply their error, and their mistake, and I feel a time frame of 3 years is far to long to try and be claiming money for debts we never accrued from non-payment. We have never not paid for our electricity or gas! What should I do with this? They are now wanting to escalate it to further with the view to get the bailiffs in.
  24. Hello all, Recently I became a victim of fraud and I have been trying to reach out to all the right people in order to correct this. I purchased a brand new, still sealed mobile phone from what looked like a reputable seller on eBay. They had been on eBay for quite a few years selling all sorts of items with great feedback and not negatives. I received the mobile phone after paying using my CC and used it for 6 months as there were no issues until February this year. It had turned out the original owner had put the mobile phone on the global blacklist as I believe they're the only person (except the police) that can do this. I tried to get in contact with the seller and it had seemed they had deactivated their eBay account, which was strange since they had been a long term user of eBay. I'm reaching out to the eBay community for advice on this situation please. I have actioned the following so far: - My CC company won't issue a refund due to a third party handling the transaction (PayPal). There is a Consumer Credit Act 1974 (yes, this is a problem in this day and age) that apparently stops banks from issuing refunds. - eBay have said they wouldn't help and I needed to go to the payment handled. - PayPal have said they wouldn't help being it's outside their 180 day limit. I have sent the CEO a letter with all the evidence screenshotted. - I wrote a letter to the supplier of the mobile phone and report the fraudulent activity but I received a very unprofessional letter with no name or signature back. I am looking to send this to their CEO and ask if this is acceptable. - I logged a case with Action Fraud who tried to pass it to the National Fraud Agency and got told they literally don't have the time to check this case. - I am currently trying to work with the Financial Ombudsman Service to push my CC company into getting my money back. Short of me running about and trying to get either my mobile phone working (off the blacklist and the IMEI number moved to my account) or getting my money back, I am running out of ideas. I could try legal advice but if anyone has any kind of appropriate and helpful advice, I would be grateful. Kind regards, Mark
  25. Apologies this is a long story..... Bought a used car from large flashy Range Rover garage on 31/03/18 for £18,500. Husband gets train to work and I walk so we hadn’t really used the car much at the start but noticed something wasn’t right so called trader. They offered to look at the car but at their chosen garage which was 30 miles away and we had to take it there. Husband took the day off work to drive it there and was given what I can only describe as an old banger as a courtesy car. Garage repaired the car (replaced Haldex?) but couldn’t find all the problems we had listed (it got stuck in reverse occasionally and didn’t automatically change gear smoothly and got stuck in first gear once) we drove another 30 miles there and back to collect it. A few days later the fault returned. To be honest there were a few other things we weren’t happy about by this point, rear camera had stopped working, one of the rear passenger doors wouldn’t open. Now we’re out of pocket and fed up with the whole situation and called the garage to tell them that the problem had returned and we wanted to return the car as we had only had it for 2 months. The garage offered to repair it again and refused the request for a refund. We wrote to the garage, quoting the Consumer Rights Act and that we didn’t have to accept a second repair and that they should refund us. They refused. We then got an independent check by the RAC (cost £300) who found problems with the gearbox and confirmed rear camera, door was faulty. A day later I drafted an email to them (I always send Rec del letter too) explaining that we’d got it checked out and would now like to request a refund again. I also phoned the rmi to start Mediation as apparently if you take court action, a judge won’t be happy if you’ve not tried this first. However, before I sent the email yesterday (sat 14/7) I got a phone call from my husband saying the car had broken down. Couldn’t get it started Called the RAC and 6 hours later they stuck it on a truck and brought it back to our house. It is now on our drive, we can’t do anything with it as it won’t start. What do we do now? Go straight to legal proceedings? Call the flashy garage people and tell them to come and get it, which I reckon they won’t! And advice greatly appreciated
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