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  1. Hi, I'm new to this forum and looking to get some advice on a dispute my parents are having. They paid (by cheque) to have new Soffits and Fascia’s fitted by a company called EnviroTherm based in Ilkeston, Derbyshire. https://www.envirothermgroup.com/ My parents received a phone call out of the blue from a salesman who had provided a quote for the work 2/3 years ago saying he had moved company (to EnviroTherm) and asking to visit them to provide a new quote as he felt his new company would be cheaper. His new company (EnviroTherm) were more expensive until he phoned his manager and knocked around £1,000 off the price bringing the total price down to £2,375. I know this is a sales tactic but unfortunately they fell for it. My parents paid a 50% deposit which was £1,187.50. The deposit was only refundable within 14 days but EnviroTherm contacted my parents after 14 days had passed demanding an extra £1,500 for scaffolding. My parents stated that they would not pay the extra money and if the work couldn't be carried out for the agreed price they wanted their money back. EnviroTherm initially argued that their request was after the 14 days but when my parents argued the fact that the agreed price had been changed after the 14 days EnviroTherm agreed to refund their deposit. The process of getting EnviroTherm to agree to refund the deposit took many phone calls to speak to the manager who was always in a meeting or out of the office. One day my mum was even advised in the morning that he was in a meeting and later that day that he wasn't in work that day. Eventually, after many phone calls and many false claims to have posted a cheque EnviroTherm did send a cheque to my parents last Wednesday (25th April) which they received the next day and paid into the bank on Friday. Today my parents have been advised that the cheque has been cancelled by the company. The company have answered my mum's phone call today and claimed they are looking into the situation. They asked for her bank details but she didn't give these as she doesn't trust the company and instead demanded a new cheque. She's currently waiting to hear back. We're not hopeful of getting this resolved as my research into the company has highlighted that it is owned by a Jason David Rowan or Lord Jason David Rowan who was the owner of EnergySave who featured on Rogue Traders for their pressurised selling similar to that used on my parents but also much worse as well as their racism. I'm looking for advice on what legal step to take? I've read about a letter before action, is that the next step to take? I feel that they need to put something in writing the company as most of her communication has been over the phone. Any help or advice would be gratefully received!
  2. We are a group of leaseholders who are in the process of trying to enfranchise. We have just discovered a law whereby the leaseholders are supposed to be offered the first right of refusal if the freehold exchanges hands. Having done some research, our freehold was sold in 1997 and we were not offered it at all. Our solicitor seems not to comprehend the significance of this ruling and believes we would only have had the right to pursue this during the first 6 months of having discovered it was sold. Where do we stand now? Are we able to go to court and purchase the freehold for the price it exchanged hands in 1997 or thereabouts? Are we able to use this Ruling to our benefit whilst negotiating with our freeholder on the price of the freehold? Advice appreciated! Thanks.
  3. This is yet another important decision from the Local Government Ombudsman and one that once again makes clear that if a debtor who is subject to bailiff enforcement considers that he may be 'vulnerable', he must be prepared to provide evidence and outline how his 'vulnerability' affects his ability to deal with the debt. In brief, Mr B's complaint was as follows: Mr B incurred 5 penalty charge notices. He believes that there is a law from the year 1600 that means that he can’t be fined and so can park anywhere. He and his wife both have Blue Badges and he considered that being granted a Blue Badge means that he has meet the criteria for ‘vulnerability’. Mr B told the Council he was a vulnerable person. However, he had not explained why he considers he is vulnerable. He was of the opinion that it is the Council’s job to prove he is not. Mr B complained a business centre issued the warrants rather than a court and so were invalid. Mr B complains that the bailiffs did not have the correct warrants. The Council has said the court sends the warrants electronically and so there are no paper copies. PS: A copy of the decision can be read in the following post.
  4. Hi I purchased an inflatable airtrack for my daughter for xmas to help with her gymnastics. It arrived a couple of days before xmas but was not used until xmas day. The item does not stay inflated - there were no instructions sent with the item although there should have been. I tried a couple of further times to inflate the item but it just keeps deflating . I contacted the company on 27/12/7 to report that the item was faulty but they were closed until 3/1/18. I emailed them with the details and requested a return and refund once they reopened in Jan. When they reopened they did not reply to my email, I contacted them and they asked me to email them - I explained that I had already done this and asked them to check their emails . I contacted the company again yesterday and they said that they had not received any emails from me so I forwarded my original email to them - they have emailed me this afternoon to say that the item I ordered was custom made and that they are only obliged to offer a repair. They have asked me to arrange the return to them at my expense if I want to proceed. The address that they have emailed to me for the return is not the same as the address on their website - It has been a while since I had a problem with a return / faulty item and I know that regulations change but legally can they refuse a refund on a faulty item? Any advice would be appreciated thank you x
  5. Hi, received a cheque from Halifax for CC PPI from 2001-2011. Total premium paid was £2900 and they z have paid me £2200 interest. Im guessing this is simple interest when I should have argued for compound interest? Is it too late for me to pursue this any further as I have not signed anything they just sent me the cheque? I'm guessing I have missed out on a good few grand because of this as the card always had a big balance:|
  6. I was amazed today when an insurance company refused to give me a quote due to failing a credit check. Why was I amazed?. Well firstly my credit report is fine and clear. Secondly, I wasn't asking for credit to pay my car insurence on monthly installments, I was going to pay the full year premium in cash. I have no idea why a credit check is required in order to buy things using cash. By cash I mean via my debit card. I thought that credit reports had nothing to do with buying things cash but sadly I have now been proved wrong. I did move home address recently however, my new address is shown on my current credit report, so that's not the reason for insurance quote refusal. Does anybody know why credit checks are carried out against customers who are paying cash.
  7. I am a homeowner who moved to Canada last year. I had a tenant at the property and set up temporary redirection which ended in a February 2017. I missed a January service charge / ground rent payment and within a week or so, my account was referred to solicitors. I became aware of this because I received a redirected mail from the solicitors. I immediately called the solicitors, informed them on the phone that I was now resident in Canada but would make immediate arragements to pay. I requested a breakdown of charges as well as the option to pay in instalments. They asked for my email address and sent me a breakdown 2 days or so later. I responded to the email requesting for a payment plan and fee waiver and they wrote back insisting that though no longer resident in the UK, I still owed them the full amount ( I never disputed this). I accepted to pay the full amount we negotiated by email - I proposed, first 7 monthly instalments which they rejected, and then 4 monthly instalments, but they insisted on either 3 monthly instalments or permission for them to approach my lender, for a fee. I insisted on my proposal as it was what I could afford. A few weeks after they rejected my payment plan and said they would 'now take legal action', a default ccj was entered against me. I found this out shortly after I returned to the UK in April. I applied for a set aside on the basis that I was not resident in the UK when the claim forms were sent and never received them and hence couldn't put in a defence. More importantly, the claimant was already aware that I was not resident in the UK at the time. The hearing was held between myself and the claimants solicitor, and the judge rejected the set aside request saying that while he could set it aside, he did not agree that I wasn't properly served, and as such he would not set it aside. Rather, he said he would allow instalmental payment - the same monthly amounts that the claimant had previously rejected.. Given that I had informed the claimant that I was no longer resident in the UK as required by law, and that knowing this, the claimant had the forms sent to an address that they knew I was not residing at, it does not appear that the judge gave this consideration the seriousness it deserved. I would like to know if there are any chances of successfully appealing this.
  8. Hi All Need some help please. Have received a letter from MBNA re PPI on my credit card. Firstly they state that PPI was added after the accpint was opened on 17th Nov. 1998 a phone call on 25th Nov 1998 . I can only think that this was a phone call they made to me. They are also saying saying that I ought to have brought the complaint sooner as per the tome limits set out in the FCA handbook. They also state that I should have known I had PPi from 4 years statements and letters about change of insurers . Also stated that a case highlighted by the recent Supreme Court Plevin v Paragon could affect my case so they are not prepared to send a final response. Can anyone give me an idea of what response I should send Any Help would be great thank you
  9. Has the UK got the continuing-violations doctrine in its Laws. I was under probation with a company and I raised H & S issues. A lot of documented bullying occurred. My employment was later terminated and the director cited the contract I signed in which they have the right to terminate my contract without reason. Much later after the expiration of the time limit for the Tribunal I made a Subject Access Request. I discovered that my line manager has been telling lies about me all this time. And these are lies that are easily disputable (Like I was found sleeping while on that day I was over a 100miles away on training). In a personal review list done six months after I left the manager still wrote down a lot of easily disputable lies. Now if the UK has a continuing-violations doctrine or something similar, I will still be in time to take the case to the Tribunal. Please I would be grateful for any advice. Regards
  10. Apologies for the length, but I wish to give as full a picture as possible. According to TVL it is possible to obtain a refund for the last 3 months of a TV licence, if that licence is no longer required. As a renter (sub-letting), I held a TV licence for the period 1st Dec 15 to 30th November 16. All official documentation for the property, council tax, tenancy agreement, utility bills etc, were in the name of my landlord/the leaseholder. On the 1st Sept 16, I signed a joint tenancy agreement at a new address, which was already covered by a TV licence. Subsequently, I transfered the TV licence to my new address via the TV licencing website. As there was still 3 months to run on the licence, I informed TVL, via their website, that the property I was now living at was covered by a TV licence and requested a refund. As I have been paying for the TV licence by direct debit, I have also prepaid 5 months of the TV licence fee for the*period 1st Dec 16 to 30th Nov 17. I advised TVL that I required a refund for these months also. The first reply from TVL is below: “Thank you for asking about a refund on a TV Licence. * In cases such as your own, a refund can only be given on the remaining unused quarters of a TV Licence (i.e. where there are 3 full months left to run), and only if the licence is not going to be needed again before it expires. ** If you can supply evidence of when you left your previous property, please forward this for my attention so I can reconsider your refund request.* Examples of the evidence could be photocopies of: * .*The completion date when you sold the property; or * .*Final water bill or end of tenancy, or rent agreements; or * .*Council tax bills showing the account has been closed or property is empty; or * .**Mail redirection confirmation letter from the post office; or * .*Any other documentary evidence which would confirm the date the licence was last needed. * When replying please quote the above reference and send any additional information or documents we have requested. * Thank you for taking the time to contact us and I look forward to hearing from you. * Yours sincerely Customer Services” As I was sub-letting, I could not provide evidence of the first three on the list, mail redirection was unnecessary and costly given I had manually updated my address with my bank, electoral roll etc. By return, I sent them a copy of the joint tenancy agreement for my new address, which shows both I and the TVL holder for my new address are joint tenants. The TVL responded as follows: “Thank you for your recent email regarding a refund for your TV Licence. * I understand you wish to claim a refund on your licence as you are covered by another licence at your address. * Documentation is required to support an application for a refund and this information can be found on the reverse of the application form. * Unfortunately, the evidence you have provided is insufficient to support your claim as it relates to your new address. We require evidence to show you have left your previous property. Please provide further evidence to support your claim. * Examples of the kind of evidence we are looking for could be photocopies/scanned copies of: • The completion date when you sold the property; or • All pages of a final utility bill, end of tenancy, or rent agreements; or • Council tax bills showing the account has been closed or you have vacated the property; or • Mail redirection confirmation letter from the post office; or • Any other documentary evidence on official letter headed paper which would confirm the date the licence was last needed. ** Once we have received this information we will be able to deal with your request. * When replying please quote the above reference. ******************************************************************************************* Thank you for taking the time to contact us and I look forward to hearing from you.” First of all, it appears TVL accept that I am living at a new address, and that I am claiming a refund because that new address already has a licence. However, they seem unwilling to accept that I have left my old address. I have since attempted to explain that I was subletting and do not have proof of leaving the property. I have also made the point to them, that their own email accepts I live at a new address and that my new address is also covered by a licence, the number of which I already provided to them several times. In the meantime, I have cancelled the direct debit, and requested details of the management as I am unsatisfied with the handling of the refund claim. Given that TVL are fixing on the issue of my old address, and seemingly overlooking any proof of my new address and the TV licence covering it, I expect to have to persist with the claim for longer. Hence my post here. Please could anyone offer any assistance as to how to proceed further and thank you for taking the time to read this!
  11. hi i have had bayv for about 3 years now i rung them the other day to ask to return some furniture i have as i am moving and i dont need it at my new house, i just assmed because i had been paying it off for so long there would be no problems, well i was wrong they have refused to take them back because a fault i had reported to them and they were currenty trying to order the parts (i have been waiting for them to fix this for nearly a month) had not ben sorted and said they could not take them back unless they were in the condition they were sent in i am now stuck as i move in a few days and i literaly can not take them with me does anyone no what i can do thank you
  12. several years ago I left O2 as phone supplier because of their poor customer service and frankly insanely stingy data allowances. I reached the end of my second 2 year contract, and gave them 30 days notice I was intending to leave and go to 3 as a supplier for their unlimited data usage. I got an unlock code for my now paid for handset, received confirmation that I was leaving and while waiting for my new contract to kick in with 3, this is where it gets sticky. While waiting for my new contract to start, I contacted O2 and asked to have rolling 30 day tariff activated on my account so I didnt have a non functional phone while waiting for my new one. I also told them I would not be keeping my old number as I wanted to change and the code for releasing my number to the new network would not be needed after all, but the handset was unlocked and good to go. Several months down the line and I start getting debt notices form O2. They stated I was now tied into another 12 month sim contract and I owed them for the full year despite never actually using a single day of the new contract after the initial 30 day period ended. I have fought this out with O2 for nearly three years and they have refused to accept I did not ask for the contract or use it, despite my showing them with phone records that for the last 13 days of the initial 30 day rolling tariff that I did ask for, the phone and number was not in use and by that time I had received my new phone. O2 have passed the account onto robinson way who have tried their usual BS tactics and received a blunt summary response from me. I have tried more times than I recall to speak to a senior person at 02, they have accepted in a public forum on FB on their page that it didnt sound right what had happened to me but subsequently refused to budge. I have now been slapped with a default on my credit file that is doing untold damage and I have no idea how to deal with this since O2 just will not speak to me and I know for a fact I never asked for a new contract other than the 30 day rolling tariff that I did ask for. I want to attack the default and get it removed as I know it isnt right but I have no idea what to do. Can anyone point me in the right direction for issuing proceedings against O2 if thats possible? There must be something I can do.
  13. We stopped for lunch with friends in a country pub in the middle of nowhere yesterday. As we tucked into the main course the waiter appeared and said they could not take card payments as their machine was down. We didn't have enough cash on us to fully cover the bill and it was roughly five miles from the nearest ATM. I mentioned a cheque and the waiter didn't say anything. The bill arrived and the bar staff and then the Manager refuse to accept the cheque which was already signed and completed. It was being handed to them and they refused to take it as a solution to a problem not of our making. Instead they asked me to leave my card details and security number on a sheet behind the bar. I refused having had a card cloned in a restaurant previously. Then they asked me to leave name/address details and they would phone for the card details, which we did. On reflection I am not minded to give my details over the phone to a company which would suggest we leave the card info on a list by the till, who knows how the information will be disposed of? So, when we get home and they ring for payment can I insist on sending them a cheque?
  14. Hello TCAG forums, I currently have an ongoing dispute with VM over a Galaxy S6 home button manufacturing issue that has been denied exchange/repair over evidence the phone has been rooted. Most of my case has been documented here - hxxp://community.virginmedia.com/t5/Mobile/Repair-refused-on-days-old-handset-due-to-root-Galaxy-S6/td-p/2918695 To summarize for everyone on these forums, the home button was loose on delivery of the phone, but operating okay for the first few days. It then began to stop registering some pushes when the button was pressed on the right hand side. After contacting VM a few days in (within 14 days) I was offered a doorstop exchange. This was cancelled a day later and I was told I had to send for repair. Repair was refused under warranty for evidence of the phone being rooted and I was quoted £200. I refused. I contacted Citizens Advice who advised me to write to them and state the sale of good act and burden of proof. I also enclosed a copy of this article - hxxp://fsfe.org/freesoftware/legal/flashingdevices.en.html I stated it was a physical fault, and not anything caused by software. Today I was contacted and told VM are sticking to their guns and the reason for the exchange being cancelled was they wanted to inspect the phone first to make sure I hadn't misused it, dropping for example. I tried to argue that I shouldn't be held guilty to misuse until proven innocent and that other companies all exchange within 14 days and inspect the handset after exchange. I have now contacted CA again, and know the next step they will advise is raising with the small claims court. I contacted FSFE via email to seek more advice on their article and law as well. Has anyone else experienced issues over flashing an android device with other software? I've had a Nexus phone in the past sent back to Google with no issues, and even read many examples of people sending phones to Samsung under warranty with no issues. Thanks a lot.
  15. Hi all I would welcome some advice on this please. In September, I upgraded my phone with T Mobile and entered into another 18 month contract. Had a nightmare with the first handset that 2 T Mobile stores were not interested in despite quoting the usual sale of goods act etc. and me taking the handset back on the 10th day after having received it. Eventually, Customer Services on 150 relented and replaced it as a swap out the next day. I got round to reading the manual last weekend to see what exciting things I was missing out on and I decided to download some new screensavers to make the phone a bit more "funky." I then discovered that despite changing all the settings that the screensaver would never activate. The phone display switches over to power save mode, i.e. goes blank instead of displaying the screensaver. I undertook some research into the issue on both T-Mobile's user forums and Nokia's own support discussion forums and it turns out that this is a known software bug in the N79 handset. It also appears that the manufacturer knows about it but has failed to fix it in subsequent firmware releases. It is also unlikely that Nokia will now release any further firmware for the handset as technically, or rather in the technical world, it is now quite an "outdated model." I have emailed T Mobile Customer Relations about this and they have contacted me to say that if the manufacturer is not going to fix it there is nothing that can be done. I however am not happy with this. Surely the goods are not functioning "as described," i.e. the manual states that you can change the screensaver and although you can, the end result is that it doesn't work. I know that a non-functioning screensaver is not a life or death situation i.e. the phone makes calls, sends texts, browses the web but am I the only consumer that is getting a bit sick and tired of companies that earn millions of pounds from their customers getting away with everything? At the end of the day, my contract is subsidising the cost of the handset in a large capacity. If I had purchased this phone directly, it would have cost me a few hundred pounds at least. The crux of it is that I used Nokia phones for years previously and every handset I have had has always had "some problem" of one thing or another. Back around 2003, I had Orange replace 15 handsets, one after the other and each one exhibited the same problem as the last. It was a nightmare. I thought that 6 or so years later, with the advancement in technology that Nokia may have improved it's standards and the first phone I pick up in this 7 year period manufactured by them exhibits yet another fault. I have contacted Nokia, although I am under the impression that it is not down to them to sort the problem out and they have suggested that I send the phone "for repair," which judging by other users on their support forums, does not resolve the problem anyway and just leaves you without a phone for 2 weeks. I was wondering if I could glean some opinions please ? Am I right that the phone is not "functioning as described" and therefore breaches the sale goods act ? Thanks very much J
  16. Hi Everyone, I am determined to go for the jugular with these 2 clowns, namely MBNA and Moorgate. I would love you good people to let me know if what I am contemplating is the correct thing to do and give your valued opinions and advice. On 6th May 2006 I took out fixed term/fixed repayment loan with MBNA via Virgin Money. The amount borrowed was £3000 and the repayments were £69.75 per month for 60 months. This was via direct debit. In about July I asked MBNA to take the direct debit out on the 1st day of the month like all my others instead of when ever they decided. This did not happen and when that months payment was taken in the last week of the month there wasn’t enough funds. This is the only month that the funds were refused all other payments were on time. I must admit I forgot about the payments until I received a letter from MBNA in August 2011 informing me that my loan was ending and that the final payment of £248.59 would be taken out via direct debit on 6th September 2011. This was payment for the arrears, I phoned them up (I know!!) and told the girl there was no way I could pay all that, she was very helpful and told me to cancel the direct debit and make different arrangements to pay the amount over the next few months, so I cancelled the direct debit. This got me thinking and I thought stuff it, you’ve screwed me enough and I promptly forgot about it all. On 5/2/2012 a letter arrived from MBNA informing me that the current arrangement was due to end on 31/3/2012 and that a final payment of £0.00 would come out. On 20/2/2012 a further letter arrived from MBNA and in the same envelope was a letter from Moorgate. MBNA informed me that a letter was enclosed from Moorgate stating that my loan account was being transferred to AOF 2 Sarl as the loan had been purchased. The Moorgate letter gave a new account number stated that the terms and conditions remained the same and as from 16/3/2012 Moorgate will collect any direct debits. Various letters followed and on 11/4/2012 there was an amount of £392 quoted. Then came the incident that made my blood boil. After numerous letters I collected all the MBNA stuff I had determined to check it all out, these included bank statements of which June 2012 was the latest. Looking at June’s I saw a direct debit for £69.75 to AOF2. I phoned the bank and discovered that for 3 month Moorgate had been taking unauthorised funds from my account. I went ballistic received a refund and made sure the direct debit was cancelled. At the same time I looked at the MBNA papers and its unbelievable they have been helping themselves each month to whatever funds they deemed necessary between these amounts £69.75, £94.75 and £84.80. Of the 2 only statements there are extra charges of £25 for a default sum and interest of £23.74 each month. Also when I got copies of my CR files only Experian showed the loan with AOF2 as the owner a default date of 31/1/2012, default balance is £462 and current balance is £253. Unbelievably agreed payments of £69 over 72 months are quoted. The file also shows changes to the loan period on 4/12 it was 60, on 6/12 it went to 70 and on 7/12 it went to 71. I am spitting feathers to say the least especially when a letter from Moorgate arrived thanking me for requesting a direct debit instruction and asking me to complete it. I am toying with the idea of phoning them to come out so I can chase the toads up the street with my crossbow, seriously though I was planning on doing the following;- Sending a CCA request to Moorgate, then, Sending a SAR to MBNA so that I can start to get the charges etc back. Is this the correct action to take? Would you mention in the CCA request to Moorgate about the unauthorised deductions from my account? Thanks and sorry for the long tale of woe….
  17. Community Work Programme issued by JSA outside of 8 week period! Some advice would be really appreciated. Does the 8 week rule still apply? How to refuse the CWP? Where to count the 8 weeks from? After a 2 year period The Work Programme with Ingeus ended (2faced staff/ incompetent /useless), I was referred back to the Job Centre and issued with an appointment to attend in April this year. I was asked by myJSA to sign the My Work Plan (WS1 form) in May. I had to sign weekly for awhile and then back to fortnightly. Yesterday I was handed a letter to attend a Community WorkProgramme (CWP) later this week. I have been back with the JSA as I said since April or counting from May – either way it is past the maximum 8 week period in which they have to either allocate Daily Signing (DSR) or CWP (Community Work Programme). Has this changed? And if this 8 week max still applies how do I go about politely but firmly refusing the CWP without being sanctioned. Also which date am I meant to count the 8 weeks from – April is when I went back to the JSA – May is when I signed the “My Work Plan” – I am making the assumption this is the date of the WPCI interview but am not sure. Worried I will be sanctioned again – and a second sanction would mean months of financial punishment rather than weeks. (the first one was applied because despite having attended every single mandatory appointment Ingeus had given me and not missing any appointments/workshops of which there were many - there was just one I never received notification of in the post andby the time a text message arrived it was too late, I left a message for the advisor which was never passed on – I appealed the sanction and the Decision Maker in all his glory upheld the sanction as “the balance of probability is that the letter was not lost in the post”!!!!!!!)
  18. My partner took out a associates credit card in 1997 when he was self employed. He has received a refusal letter today saying that whilst we do not accept all of your allegations we do acknowledge that there may have been flaws in our sales process. However, despite this I am not persuaded that any of these sales failings would have affected your decision to take out the PPI policy. This is because taking into account your circumstances at the time of the sale which are disclosed in your questionnaire, it is clear that you had no means at the time of protecting your card repayments. You also stated that you did not have any other means of making your repayments if you were unable to work through sickness, accident or unemployment, as a result I am not in a position to uphold your complaint and it has now been closed. Anybody any ideas where i go from here? Any thoughts would be appreciated
  19. Hi Everyone I have an account on my credit file for British Gas which shows a balance of £900 for a property I resided at in 2012. I have written to British Gas to request information relating to the account and to set up a repayment plan. British Gas are reluctant to provide any information relating to the account or balance and referred me to Past Due Credit solutions informing me they are managing the account. When I contacted PDC they informed me the account was closed and the were no longer handling it. Again I referred this info back to British Gas where my complaint was escalated to "Tier 3" after a lengthy discussion I was informed the account was reopened with PDC and to contact them for repayment. However again PDC has informed me they are not handling the account and it is closed with them Where do I stand with this? British Gas continue to have a negative affect on my credit file with monthly updates yet refuse to allow me to make a payment to the account, any advice on what to do next. Thanks
  20. Hi all again, I got a letter from CRS about a debt on the 20/12/2014. I've recently got a lot of phone calls to my parents house phone from them. I said to them "I request all further communication in writing" then hung up. I am still getting calls from theses people, and they said "I would need to send a letter to remove my number". Could anyone direct me to a template maybe? Many Thanks Andrew
  21. Hi everyone Can you tell me if this is worth persuing? I have not yet sent any written letters. Its regarding a hotel (we didnt stay at) refusing to refund us as they couldnt provide parking. Its been really upsetting, the managers are very rude and hard to talk to. Ive gathered as much as i can from google.. Thanks Sharon Dear Sir/Madam On Monday 28th July 2014 at approximetly 5pm, we booked into the N** R*** W***** Hotel for one night, paid for parking, breakfast for two, including a £3.50 debit card charge. As mentioned prior to booking, parking was crucial for us to enter into the contract of staying at N** R*** W***** Hotel , hence the reason we paid for it in advance, as shown on our receipt. As we travelled from Oxford to Blackpool via a car, parking was essential, this was explained prior to payment and the only reason we could stay. We entered our hotel room for approximately 5 minutes, where we were then told parking was no longer available. The offer of £3 refund from your staff members pocket was in no way suitable. As explained at the time, we were completely unable to accept this. We would like to fully exit the contract as The New Windsor hotel is in breach of expressed term of contract. We request all CCTV footage to be provided within 40 days of receiving this letter. We request an itemised invoice within 28 days of receiving this letter. As such, I am legally entitled to receive compensation from you. In consequence I am claiming the sum of : N** R*** W***** Hotel Receipt One night stay, with breakfast- 2x £23 Parking- 1x£3 Debit card charge- 1x£3.50 Total: £52.50 Out of pocket expenses. Breakfast: 29/8/14 £16.90 (Copy of receipt included) Alternative hotel costs: £60 (Copy of receipt included) Loss of enjoyment and loss of Value. Consequently our entire visit was ruined, we missed a hospital visit to see a close family member who had been rushed in that day, causing added and unnecessary upset. I was left in tears at the hotel desk, waiting for a refund that we desperately needed to fund new accommodation (see declined transaction), coping with a tired and hungry 6 month baby. This was also first time we had been to the seaside, as a family with our new baby and it was completely ruined. The entire week was spent trying to sort this problem out, the stress involved lead us to end our visit early and return home. £??
  22. Having successfully claimed against lloyds i decided too try my luck against MBNA but they refused my application saying PPI was not msisold. They sent me copies of my agreements except my first one which they no longer had copies of. The one agreement shows the tick box for ppi blank so not ticked therefore not wanted but they state following a phone call several weeks later that i agreed too have it .. ....and on the original one with no paperwork they state that i asked for it. Should i now challange them through the financial ombudsman? Many thanks Greenige.
  23. Hello Everybody I'm one of the fools that trusted a friend who got me to bite my tongue and join Banners Broker even though I had my doubts about the company. I put in no small amount and of through being online found out it was indeed my worst fears and it was a spoof Now I've been in a fight to get my money back from this seriously depressing experience for over 9 months now and I'm not giving up, there's a liquidator appointed now and there's the charge back service or at least I thought there was a chargeback service. My latest fight has been with my Natwest asking them to pursue visas 540 day chargeback service under the section " Goods not received" And a lot of other affiliates have been successful with this. Natwest is playing hardball though this is the response I got off them today. The latest one I've been hit with and I'm trying to get my head around is this "You've used part of this company's service by them creating an account allowing you to deposit money into it and the possibility to make withdrawals. I responded by saying I'm disputing the terms and conditions where it says they will pay affiliates commissions and that all liquidation request will be honoured etc, so I've not received their service. They're saying "That withdrawals is only a partial service they are providing to you and as we can't ascertain what the value of that service is we can't pursue a chargeback." They went on to say that "The terms and conditions under section C only provide remit for a legal chargeback not through visa's chargeback service." This is section C from Banners Broker Section C (Affiliate & Client) Payment Conditions I adhere to the following: All liquidation requests made shall be honored within fifteen business days for standard subscribers and seven business days for premium subscribers to the payment amount noted in your back office. All commissions and bonuses are paid in the name of the applicant on the affiliate/client agreement. I don't know what to do I know there are successful affiliates who have claimed their money back through their banks. I just don't know what to say to my bank and I'm really not sure why they're hung up on the possibility of a withdrawal only being a partial service and that I had some service by the company creating an account etc. What's really baffling me is that I've sent them the liquidation letter from the court 2 times already and this is the latest in a series of excuses to not follow the charge back request. I'm fighting both banners broker and my bank how am I the one who looses and what's worse is this banks ethos is going above and beyond in customer service. I know I'm idiot for getting involved I've been living with that for the 1 year and a few months. Do I have a leg to stand on or do I wait the long wait and put all my eggs in the liquidator basket? Plz If you guys have anything that could help I'd really love to hear from you.
  24. Many years ago i havd a River Island card and to cut a very long story short it got transferred to GE Money, then CL Finance, went to court, they won and l paid the judgement in full within 30 days and the CCJ off my credit file. However l still have late payment makers and a default. But looking back on all my documents l don't beleive the correct paperwork was completed by CL Finance to assign the debt and the Default notices were not issued. So l wrote to CL Finance in January asking them to confirm the status and send the copies of the Default notices. They have replied with the below - is this correct ? I really want to get the default off my credit file. RESPONSE We acknowlede receipt of your letter dated 20 January 2014 in which you have requested a copy of your credit agreement under section 77/78 of the Consumer Credit Act 1974. The agreement which is the subject of this matter was terminated prior to the issuing of County Court proceedings and subsequent entry of a County Court Judgement on 22nd July 2010. Therefore the effect of Section 78 of the Consumer Credit Act 1974 is no longer applicable and the Judgement can be enforced.
  25. Hi I would be grateful for any advice. I took out a secured loan with First Plus in 1999. It finished this year and I realized we were paying PPI. When I think back (not easy when your 60) we were told no deal unless we had PPI. I contacted First Plus to claim and today received a letter telling me that it had been sold by Freedom Finance and they were not trading anymore and therefor unable to review the sale of payment protection insurance policy. This being the case they are unable to forward my complaint. They also said that due to the time I purchased the policy I have no recourse to the FSCS scheme. Is that the end of the matter? I'm not financially literate by any means so would be grateful for a simple answer of should I forget it all or is there anything I should be doing? Thank you in advance Larain.
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