Jump to content

Search the Community

Showing results for tags 'trying'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Campaign
    • Helpful Organisations
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV and Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - you need to register to access the CAG library
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
  • Work, Social and Community
  • Debt problems - including homes/ mortgages, PayDay Loans
  • Motoring
  • Legal Forums
  • Latest Consumer News

Blogs

  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


About Me


Quit Date

Between and

Cigarettes Per Day


Cost Per Day


Location

Found 157 results

  1. https://www.consumeractiongroup.co.uk/topic/408616-trying-to-reclaim-ppi-but-paragon-says-no/?tab=comments#comment-4978454 same boat mate, paragon say no and not regulated Paragon informed me that the PPI was done by warranty Holdings Ltd, guess what, now dissolved
  2. I had a personal loan from 1999 which had PPI on it. I didn't request PPI but the box on the CCA had a pre-printed tick in it. On challenging the PPI, Paragon claim the loan wasn't dependent on PPI and that they weren't regulated at the time so I have no claim against them. The FOS haven't been much help. I've read a thread by user justice4me from 2012 where they managed to successfully make a PPI claim in much the same situation. Does anyone have any information regarding what is needed to successfully make a PPI claim against Paragon? Cheers, OMWO
  3. Hi In March 2016 I received a County Court claim form from Shoesmiths for a HSBC Account for £8000 for a credit card I had defaulted on in 2013 acting on behalf of ARROW GLOBAL. I defended the claim and sent a CCA request to Arrow global they were unable to provide any documentation not even a reconstituted agreement and as a result I received a letter from them stating the ccj claim was dropped and all collection activities would cease. In April 2019 will be six years old and drops off my credit rating and I’m trying desperately hard to get my life back six years later and get a mortgage. Last week out of the blue I got a warning from Equifax my rating had changed I checked and I found Another debt collection firm had got a CCJ for another debt from 2013. They had brought this account and been sitting on it for the last couple of years doing nothing then the claim forms were sent to my old address and I never received them. Even though they could have easily found my new address. I’m aware I could still have defended this but I had enough to pay it so I settled within the 30 days. I understand this is a tactic they use to get CCJs and I think it’s disgusting the courts allow it. I’m sure the Bailiffs would have had no problem finding me. The Arrow debt for HSBC I could never afford to pay. If they do the same trick send CCJ forms to my old address I will never know until it’s to late. What are they likely to do, they have already had one go through the court and failed. I could contact them and give them my new address details without acknowledging the debt but is this then just going to put the idea in their mind. Is this debt really just sitting there and all collection activities have really ceased , find it a bit odd they haven’t sold it on or maybe they can’t but HSBC knew they had no agreements before they sold it to them. Please don’t think I’m just trying to get out of this debt but i have been in debt management and paying all my old debts the last six years and almost paid back everything. I just want to get on with my life but this is in the back ground now. What if anything are they up to
  4. I have an ex Friends Life with profits investment bond now under the ownership of Aviva. This was transferred to me by my mother. Over the past three years I have made a number of successful partial withdrawals on the policy without issue. This all changed when in early September of this year, I submitted another partial encashment for £3000. After not receiving the money within 10 days I contacted Aviva and was told that due to a technical issue sufficient units could not be cancelled to action a payout. Therefore, the process was delayed. To exacerbate, the issue, I had a building project which was underway and tradesman and materials need to be covered. Towards the end of September I decided to encash and cancel the whole policy. I was reliably assured that this would not be hindered by ‘the technical issue as it was a full encashment. I submitted a claim for a full encashment for £28000. Once again, after 10 days I still had not received my funds I contacted Aviva. This time it was claimed that I needed to submit certified copies of my passport and bank statement despite Aviva having paid out in the past from the policy to my bank account, Aviva suddenly needed to check my documents. I had these stamped by the bank on Friday 12th October and sent them off. On Friday 19th October, I was assured that all was fine and that the payment was on the way. Having not heard further I again phoned on Wednesday 24th October only to be told that actually the payment was delayed again as they needed on the verification documents, the contact details of the person at the bank who stamped the documents. I would therefore have to resubmit new verification documents again. Even at that stage I felt that the handling of the matter was unacceptable especially with different customer agents giving confusing and contradictory assurances and information. However, I resubmitted new verification documents this time stamped with contact details of the person verifying them. On Wednesday 31st October, I was informed that the documents had now been verified and payment would now be authorised the next day and sent out. On Tuesday 6th November I phoned Aviva again to check on the progress of this payment. I was told that the payment had just been authorised but it would be with me in “3-5 working days” By Tuesday 13th November I still had not received any money I contact Aviva, yet again. I was informed that the payment was definitely on the way and I should contact my bank to see if it was coming through. On Friday 16th November, Aviva finally admitted that there may be a problem and that my money could be missing. My bank told me not to worry and that they could trace it if given a payment reference number. Despite requesting this on both Friday and today, the Aviva/Friends Life call centre have been extremely reluctant to furnish me with this simple information which would help Barclays easily trace the money. Today it is Monday 19th November and a payment that I was due to originally receive on September 15th is still delayed with no one seemingly knowing where it is. Any suggestions would be most appreciated as I have lost all faith in the ex-Friends life branch of Aviva and am starting to suspect there has been a misappropriation of funds. Two weeks ago, I was offered and given £100 compensation for the stress and inconvenience caused by the initial delays but I think any objective person would agree that in the circumstances, £100 is extremely paltry compensation. In short, you have to remember that the original request was submitted in early September. We are now in late November and I still have not received any of the money from the policy (apart from the £100 compensation!) Also, I needed that money to pay bills and tradesmen as soon as possible. The two-month payment delay has led to me having to resort instead to credit cards to pay for my £50000 renovation project as the builders became fed up with my excuses as to why their labour and materials had still not been paid for. The cost of this interest has been astronomical. This has been so stressful, but I believe I can’t take this to the financial ombudsman until Aviva close the matter (?) so any suggestions would be very much welcome.
  5. Hi! I'm a new user here and this seemed the right category to post this to. Sorry if I was mistaken. my fiance got a letter from Intrum earlier today, trying to enforce a debt of £1529.81 they had purchased from HSBC. My fiance recalls she had paid off - and closed the account - about 8-9 years ago, what at the time amounted to £500. Said account is not present on her credit file (looked up on Clearscore who gets their info from Equifax) and as such no default notices either. Ironically, the 'change of ownership' letter says that they (HSBC) have taken all the necessary steps to reflect the change of ownership on her credit file. Said letter is dated 15/3/2017 and been bundled with Intrum's demand of the debt. Since the debt is - if it's even legit - must be over 6 years old, and she hasn't been in contact with HSBC ever since, we were thinking about outright ignoring the letter. Would that be safe to do so?
  6. Hi everyone I use a courier company, i will call "TPC", who in turn use DPD. I have to say on the whole the past few years has been event free but a few months ago we sent a 3D printer to someone to use and it was smashed up really badly. The recipient took photos and has emailed us stating the damage was beyond dropping in his view and we have loads of photos of the box damaged etc. I reported the issue immediately and TPC were originally very sympathetic etc. I have to say I was shocked at the damage, you would have had to try really hard to do what they did. As the client needed to get printing urgently, I resent a new identical printer out, only this time this one had a glass build plate, so about 30x20, super tough, heat resistant glass plate that the plastic is printed onto. This was in fact a bespoke upgrade I did to this one but the plastic plate was also sent. This printer was also sent insured fully. This 2nd delivery went horribly wrong yet again, with a tonne of damage done. We sent both printers in the original boxes, designed for transporting them. They are thick boxes, with the original polystyrene inserts. Loads of space etc. we also used an outer box with more packaging to be safe. The packaging has never been challenged, in fact DPD stated that it was fine. long story short. I know DPD have accepted both claims (although irrelevant as the contract was with the 3rd party we use, TPC). I am still waiting for any decision, I have emailed multiple times and so we logged a small claims track. Unfortunately the printers are no longer made, so I have asked for the replacement cost of the latest available model for both printers. The defence is that they will not pay as there was glass in the box (even though only the 2nd item had glass in it) There is no consideration about the first delivery that had no glass in it at all. I have sent the court questionnaire off, have stated I am willing to mediate and I am waiting. No solicitors seem to be involved at this point, certainly no legal sounding stuff has come back from the defendant at this point. Just want some help and advice really. I have basically lost a part of my little business due to these printers being damaged beyond repair. Questions: 1. I have no doubt that I will get the compensation for the 1st Printer as there was no glass and it was clearly in breach of the Sale of goods and services act 1982, (reasonable care and skill clause). however What about where there is a piece of glass in an item? I have never actually claimed for this extra add on, I feel that if they had delivered properly in the first place I would not have had to send the 2nd printer out and also the glass did not cause the damage, it was just "also" damaged, but again I am not claiming for this. 2. I would normally claim for the cost of the item if damaged. However in the case of the model being superseded and no longer being available. Is it OK to claim a little more for the latest available model? I have averaged the price from 5 retailers and would genuinely be buying these to simply replace my lost printers. In my defence it is a real pain in terms of retraining and new software to learn a new machine. Any help would be appreciated on the best course of action and of course I will post everything up here so others can learn from my mistakes and hopefully successes!! I am about to go through mediation, but can't find much on the process here. Has anyone gone through this process as a claimant and is there any advice anyone can give. I have been told by the CAB that it's a chance to "negotiate" but Ii'm not sure if negotiation is what I want to do, i'd really like the defendant to try and see the light. Also can the defendant deny wanting to use mediation? Any help appreciated.
  7. Hello everyone, this is the first time I have ever used a forum, but I hope that someone can advise me. I am a 19 year old photographer and I was commissioned to take the graduation photos of a Malaysian girl and her family. She was graduating from UCL and the job was from 9am to 1.30pm. The fee had been agreed in advance. I have been trying to get payment ever since then. My problem is that she graduated in Law and I do not know where to begin. It also turns out that she is from an extremely wealthy Malaysian family and has appeared in the hit film, Crazy Rich Asians. She is no longer replying to emails or texts. Is there anything I can do to get my payment? Thank you to anyone who replies.
  8. Hi all, I have for the past few months been in dispute with Lowell regarding an old Studio account, now because they now have confirmation of where I live - they seem to have linked a really old account from Cabot (this was an old Barclays overdraft from over 10 years ago) which i'm sure we haven't made contact or payment on for well over 6 - however i can't be 100%. Is there a way of finding out for definite? The first letter went along the lines of 'now we know where you live blah blah - you owe £***'. Two weeks later another letter arrived saying we will accept £55 to clear the balance lol - why would they do this? is it because they know the debt is unenforceable and are out for any amount? The debt doesn't show on any credit report. .. what's the best course of action? Thank you in advance M
  9. I had an accident at a VERY slow speed (about 5mph) in my local petrol station. I was reversing into a petrol pump place, and a black taxi drove forward into me. No damage to either vehicle, but the cab driver is claiming personal injury. This smells to me, and I think he's a fraudster. my insurance co say it's my fault - I would argue it's 50/50 as he should have seen my reversing lights and stopped moving forward. I exchanged numbers with the driver he only told me it wasn't his cab, but he was a friend of the owner of it. He gave me his name, but i didn't get ID from him. How do I know the person who's claiming is the actuial person who drove into me? Maybe this guy wasn't insured to drive the car? Also, I noticed the back bumper of the taxi was hanging down, and was secured by a seat belt tied round it. Don't taxis have to conform to strict legal obligations as to the state of the cab - was this cab roadworthy in this condition? I've asked my insurance for a copy of the driving license photo of the claimant to make sure it's the same guy, but they have refused to provide it. Any advice?
  10. I am in a DMP and have been since the beginning of this year. Natwest loan £4889 Natwest OD £1249 JD Williams £1749 Very £771 I have been self running a DMP and paying each £1 for 4 months. I am upping my payments from July to: Natwest loan £57 Natwest OD £15.37 JD Williams £20.65 Very £1 According to my noodle report Natwest have me at DM(4) for May, JD Williams has had me at DM(UC) since March and Very the following: Jan - DM(1) Feb - DM(1) Mar - AR(UC) Apr - AR(UC) May - AR(UC) With Very placing AR markers does that mean I'm unlikely to get a default anytime soon? JD Williams & Very are both being reported as up to date even though I am in arrears of £278 for Very and also JD Williams, though neither are adding interest, that is just Natwest. I have heard Very is terrible at defaulting and you have to either not pay or not clear arrears within 1 year. The whole point of a DMP is to get defaults and clear credit history in 6 years. Isn't AR worse than a default?
  11. I have an old council tax debt, Rossendales are sending bailiffs to my friends address (I used this address several months ago to get my bank card delivered to as I was of NFA at the time). My friend (whom I don't see that often) handed me a load of letters and told me that bailiffs are regularly knocking at her door demanding full payment, she is worried they'll come in and take all her stuff (which surely can't be legal?). The letters they've sent me are rather confusing, they claim I owe two debts to a local council, one for approx 120 and another for approx 240, the first few letters added £75 to both debts (to the same council, same old address), added £235 to both debts making the total payable over £700. I have nowhere near that amount lying around to pay them and get them off my friends back. More recently they sent another letter regarding the 120 debt and nothing else, they seem to have removed the £235 fee and the total is less than £200 nothing regarding the other 240 (or whatever I apparently still owe to the same council). What's the best way to get them to stop knocking at my friends house? Also, as they've been handed the wrong address by MY BANK , they've been unable to contact me so how can they legally claim fees if they're knowing harassing someone who has nothing to do with the debt in question? I did call them a few weeks ago when they demanded £700 they said I would have to call the "bailiff" directly and he'll want payment in full so I never bothered 1) I don't have it, and 2) I'm not paying a £235 fee (twice + £75*2) even if I did have it), they could have phoned me but instead they'd rather send bailiffs/letters to an address I've told them I don't even live at. I am not sure what my best course of action is, I would rather pay the council directly I've heard they will refuse payment and tell me to deal with Rossendales, I would deal with them but I am not paying a £235 fee out of principle (and certainly not twice). For some confusing reason however, the most recently letter does not include the £235 I have no idea what's going on. I was going to email them and ask but they'd likely take days to respond so I'd rather ask here first. I would also like to know how they even got this address? The only thing I used my friend's address for was to get a card delivered from my bank, so my own bank just gave an address away to a 3rd party company? How is that even legal? Do all banks do this?
  12. Hi I'm looking for best way of helping friends in Spain reclaim ppi.. Do I need to get them to authorize me .. Or can they get new sar sent to Spain and issue claims?? Thanks
  13. Hi there folks. I'm in need of a bit of advice please. So i owe a lot of money to a lot of companies. Some are being paid monthly minimum and there's a few which are being dealt with by debt collectors ( Ive contacted them via letter asking to make token payments already) I regards to the several credit cards i have, i'm literally just paying the interest every month and the balance isn't going down. I cant to pay any more than that. I'm thinking of sending them all letters asking to freeze the interest and accept monthly payments of £10 ( which is around the same as the min monthly payment anyway ) What are the chances of them accepting this? The companies in question are Capital one, barclaycard and vanquis. Many thanks, Amy.
  14. Hello! This seemed to be the place to put this, though equally it could have gone in transport or benefits. I had a look through and couldn't find any similar threads. I have fibromyalgia and have been trying for the last two years to get a disabled bus pass. It's been complicated by the fact that I have never been in receipt of mobility in PIP, something I decided not to appeal the first time round as I just didn't have the strength. When they re-assessed me, I decided to take it to tribunal and have been waiting, and waiting, and waiting... In the meantime, I have been trying to get a bus pass. There was a form on their application form for a doctor to fill in and stamp to confirm disability, which I made a (non emergency) appointment to do, she filled it out, I sent it off with a photo and expected it to be that simple. The first time was rejected for no reason, and again I did not have the strength to continue to fight, but a year later I decided to try again. Now they say that I must attend an 'assessment' with one of their County Council 'independent mobility assessors' to see whether or not I qualify. Apparently evidence from my GP and specialists is worthless. I have several concerns about this and was wondering if anyone had experience of this? How long does it take? How do they assess you? Do they seem genuinely interested in finding out if you have an 'invisible' illness or just in finding a reason to turn you down? I have a bit of a dilemma, because I *could* just wait for the court date (whenever that is) when I am hoping I will finally be awarded mobility, and then I can provide that as evidence and not need to undertake this 'assessment'. But then again, that could be a while. Thanks for any advice or info on your own experiences. I appreciate it.
  15. After the bad weather a couple of weeks ago, I noticed a damp patch on the ceiling in one of the bedrooms, and upon further investigation, several smaller patches in the back bedroom. So I went outside with my binoculars and had a good look at the roof front and back... I could see no damage, loose/slipped tiles or anything obvious. I got the step ladder out and pocked my head into the loft, and discovered that a load of the roofing felt has ripped away, exposing the underside of the tiles and batons. Contacted the buildings insurance and they arranged a roofer to come out and inspect things, and give them a report. This report is looking very unfavourable, currently awaiting a copy of it and the pictures he took. From what we've been told so far, he's claiming that there has been water getting into the roof space that has damaged the batons causing them to sag in a few areas. He's claiming that this is because the overlap on the tiles doesn't meet the current 75mm overlap. But refused to answer my question about 'when' those regulations came into effect... and he's also offered the 'theory' that there could be condensation occurring. But is admittedly guessing in that regard. My house was built around 51/52 and the only building regulations I can find are the ones that came into effect in Feb 1966, these were the first ever national building regs according to my 'limited' research abilities. I contacted the national archives to see if they could help, but it's not the kind of info they store and I should try a local archive for my county. It's worth noting that the rest of the roofing material not damaged, looks in near perfect condition. The overlay on the tiles at the bottom of the roof and at the top varies between 70-85mm, but it's the areas were the batons have sagged due to moisture that the overlap is much lower... He told me in person it was as low as 45-50mm, but in the report he's claiming it's now 25mm. We are now faced with the prospect of a 4-5k repair bill if the insurance refuse to cover some or all of the cost. The tiles are reaching the end of their lifespan of 80yrs being around 66yrs old now, and it's in the best interests of the property to replace them with newer ones. So what I need to know... is what to do next if they try to avoid helping with the costs... We're quite prepared to contribute to the cost aside from the excess of about £250 we'd be happy to pay for all of the replacement tiles and even include some roof vents 'just in case' there has been condensation... Er on the side of caution rather than risk the 'theory' being correct. From some rough figures I arrived at (approx meter squared area and tile coverage per mt squared. I estimate this to be in the region of £1000 with between 1000-1200 tiles required at an approx cost of 74p per tile (if ordering more than 500).. I worked this out from the rough footprint and then added 20% to account for roof pitch. Approx footprint is 70-75m/s and around 15 tiles per m/s. Roof vents are around £15-18 each depending on type and I assume I'll need 5, 2 front, 2 back and one for the small porch. What are the procedures I need to be aware, do we have to follow a complaints procedure, should we get independent reports done... If they point blank refuse to pay anything... who do we take it too next, and because of the risk of further damage due to the current state of the roof... should we have the work undertaken to current building standards and then pursue some form of recovery of some of those costs. I'm actually lucky that I had my c/irESA claim sorted out and backdated 3 yrs recently... so I've got a little cushion to cover some of this expense. But I'd need to borrow the rest from family as a loan to be paid back. Right this moment... I'm not panicking... that could change very quickly if things look bleak.
  16. Got finance last September for my car, I lost my job in December and it was a struggle but all up to date, but in June my partner started a new job, we had no money for 5 weeks and got to arrears by 2 months. I got a default notice and I called have explained why and made a payment towards it and set up a plan towards arrears. This was all ok, just had a call to say a manager has cancelled the plan and wants a payment of £558 by Tuesday 18 or they come take car away, I told them I can't afford that and to carry on paying £180 a week towards account and clearing the arrears and bring payment back up to date. They have refused this, and given me till 18th to pay! Really not happy about this as all was ok on Tuesday and Wednesdays when they called.
  17. I'm finally starting to get my credit file looking better but I now feel I may need to start a DMP. I can probably just about pay bills + debts but I'm struggling and in Feb I *may* be going to uni so my income will reduce to about half. I pay the household bills through my bank account and my OH pays me his share. How would I work that into a DMP? Would I ignore his money and budget only my half of everything etc? My debts are: Natwest loan - £5000 Credit Union loan - £1550 (paid through wage so isn't an issue yet) Avant loan - £1900
  18. Hi, I cancelled a web hosting service a couple of years ago, and it wasn't unreasonable to expect billing ti also be cancelled. The service was paid via PayPal Subscriptions, I didn't realise I had to cancel this myself and small payments (5 a month) have been continuing without me realising until recently. When I spotted it, I contacted the company and cancelled the PayPal subscriptions, however, I'm having some difficulty getting the money back from them. They advise that because paypal charges them transaction fees, they will refund me but first want to deduct these fees. Where do I stand legally? Surely I am entitled to a refund as I've 'paid' for a service I haven't received and I don't think I should have to incur the payment fees as part of a refund. Thanks Abe
  19. a quick question.. ...I can't find a link for the 'account in dispute' letter. ....I've a debt going back to 2010 with JD williams that Lowells bought last year it's mainly made up of late payment £12 fees and over credit limit £12 fees.. ...Lowells solicitos have now sent me a 'letter of claim' to commence court proceedings... ...I sent a CCA request back in september last year, but received a generic set of T&C's and a copy of a credit agreement that has my details filled in, but not my handwriting and no sig ....I feel it best to put the account in dispute for the time being to give me some breathing space but can't find the template. ...can anyone help?.....thanks
  20. Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – What is the claim for – 1.The Claimant's claim is for the amount of £800 being monies due from the Defendant to the Claimant, under a Store Cards, Credit Cards agreement regulated by the Consumer Credit Act 1974 between the Defendant and Vanquis Bank Plc under account reference xxxxxxx and assigned to the Claimant on 14/04/14 notice of which has been given to the Defendant. 2. The Defendant has failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3. The claim also includes the statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.16p from the date of assignment of the agreement to 14/04/14 being an amount of £60). What is the value of the claim? £950 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt collector Were you aware the account had been assigned – did you receive a Notice of Assignment? The account was opened at a different address to mine. I lived at this address about 20 years ago but have moved twice since then. I received a debt collector letter in 2013 for this and I wrote and said they have the wrong person but I did not hear a thing until March this year when I got a County Court summons. Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I have never made any payments (neither has the person who opened this account) What was the date of your last payment? None Was there a dispute with the original creditor that remains unresolved? Yes, its not my account Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management? No Hi, I am looking for any advice that I can get. TIA. I have copied the bit from the sticky and put my information in and posted it below. I have filed the defence and done all that I can. The case will be in court in a couple of weeks time. I am not nervous about the court bit, I wanted to check to see if anyone has any advice as it is a fraudulent account. I have reported it to the police via action fraud website and told BW Legal about this, but they are not listening. I have proof that the address the account was started out is not mine etc but they are not responding to any of the points that I am making. The main question that I have is: the account was started by someone using my maiden name. The account was started in 2012. I got married in 2003. Should I tell BW Legal that they are using my name wrong?
  21. I bought a £500 graphics card from CCL 15 months ago, it broke, CCL said it has 3 year warranty, but after 12 months you return it to Gigabyte directly. I created an RMA with Gigabyte, they gave 3 options, Pay £15 for a company to deal with the return (at the time I thought this was just to collect the card from me and return it to Gigabyte, as I assumed Gigabyte would pay for the return), Send the card yourself or deliver it in person. I chose option to send it myself as I thought £15 was a lot for a 1 way delivery. I posted the card at the post office, £15.26, grrrr, hindsight! I got an email from Gigabyte telling me the card is repaired, I should arrange collection and let them know the details. At this point I thought, hang on a minute, you want me to pay for return!!! So I sent this email. They replied with this. So, where do I stand now? Who is liable for the return costs? CCL or Gigabyte?
  22. Long story sorry, I bought a car on Monday 200 miles from where I live, test drove ok around town country lanes. 50 miles into my journey home I discovered it had a fault which only showed up on the motorway, causing it to shake violently. They have been fairly responsive to emails but I feel I'm banging my head against a wall, here is the email conversation below. I'm wondering what happens if I drive 200 miles on Thursday and they don't refund me, any advice on the whole situation appreciated. Thanks Ben Hello, I recently bought an S-Class from you, registration XXXXXXX. On the drive home it shook violently when accelerating from 60-70 on the motorway and the air conditioning doesn’t work. I have just been to my local Mercedes specialist for a brief diagnosis, they have said the torque converter is causing the large vibration and the gearbox is juddering also. They estimate this will cost £1600+vat to repair the torque converter and gearbox, plus approximately £200 if glycol is found in the radiator, which is common and contributory to the symptoms. The warranty you put on the car seems to insist on a service history, which I have not yet received, and I am aware that within 30 days you must repair the car free of charge or offer a full refund as obviously the fault was present at the time of purchase. I await your prompt response. ----------------------------------------------------------- Hi Ben, I have spoken to J regarding the issues you are having with the car. He has asked for you to bring the car into us on the 6th of October when he returns from his holiday and will get the car repaired for you. Thank you. Have a good afternoon. Kindest regards, E ------------------------------------------- Hello E Thank you for your prompt response. A month to repair the car is not within a reasonable timescale, also that coincides with my annual holiday. You will need to collect the car as it shakes violently at motorway speeds, it is not reasonable to expect me to drive it 200 miles under such dangerous conditions. I think at this stage it would be best to just return the car for a full refund and I will disregard my costs already incurred. Alternatively, you agree to get the car repaired at my local Mercedes specialist at your cost. I feel returning is the best option, you can repair at your own timescale and resell it for more money to recoup your losses. Regards Ben -------------------------------------- Hi Ben, As J is going away and we have no courtesy vehicles until the first week of October I would ask for you to bring the car in then. We are more than happy to supply you with a courtesy vehicle so you are not without a car whilst yours is with us. We are not able to inspect the car and diagnose it without seeing the vehicle or any proof of the issues your are experiencing. I understand this may be of inconvenience for you to bring the car back for repair, however we are happy to repair the car for you instead of you having to get it done locally to you and being out of pocket. Kindest regards E ------------------------- Hello E You seem to have disregarded what I have said. The car shakes violently at motorway speeds, it is your responsibility to collect the car, I will not risk my life with something that shakes violently at motorway speeds for 200 miles. Again, a month to repair a car is not reasonable. That is the time of my own holiday. If I do not get a satisfactory response today, my next calls are to trading standards and VOSA. By satisfactory I mean 1 of 3 things. 1. You collect the car promptly, leave me a courtesy car, then fix the car to a suitable standard. This doesn't mean in a month's time. Or 2. You agree for it to be repaired locally to me and you pay the bill, if you chose this I will forfeit my right to a courtesy car to save you some money. Or 3. Collect and refund the car in full. If this is agreed today and refunded and collected within a week then I will take it no further and pursue non of my already incurred costs. I am trying to be reasonable despite you gaining my mistrust. If you do not agree to a reasonable outcome, I will be forced to have the car repaired locally and claim from you through the small claims court. I trust you understand I am seriously not happy with the car or your service. In 24 hours I will book the car to be repaired locally and pursue you for ALL of my costs. Regards Ben --------------------------------- Hi Ben, Apologies if you feel I have disregarded what you have said but my hands are tied of you cannot get the car into us for further inspection. As I am sure you will agree when you and I took the car out for a test drive the car drove very smoothly without any issues. As you are refusing to bring the car back to us I will forward this matter to our legal time who will be in touch with you very soon. Kindest regards, E ------------------------------ Hello E You leave me no choice but to return the car under my short term right to reject. Under the consumer rights at 2015, I do not have to give you the opportunity to repair the vehicle within 30 days. I will be returning the car for a full refund. I have spoken to trading standards and they have taken your details. I will be returning it on Thursday the 22nd of September and you will refund me in full. Regards Ben ------------------------------ Hi Ben, Would you be able to please send me diagnostics that you have from your specialist you took the car to? This would help us to determine whether or not we could cover the cost for your repairs to save you having to bring the car back to us in London. I would like to do all I can to help, so I would like to know a breakdown of the cost that I can put to J. Thank you E ---------------------------- Hello E, I refer you back to my original email. On the drive home it shook violently when accelerating from 60-70 on the motorway and the air conditioning doesn’t work. I have just been to my local Mercedes specialist for a brief diagnosis, they have said the torque converter is causing the large vibration and the gearbox is juddering also. They estimate this will cost £1600+vat to repair the torque converter and gearbox, plus approximately £200 if glycol is found in the radiator, which is common and contributory to the symptoms. This doesn’t take into account the air conditioning not working, there are also a few other faults I have not mentioned, whilst less severe, which should be fixed, the coil light comes on which possibly means 1 or more glow plugs have gone. There is also a knocking noise from what I suspect is the rear suspension. As I said before, at this stage I insist (as is my legal right) that the car is returned for a full refund, I feel this is best as the repair bill is going to end up over £2000+vat, I’m quite sure you likely don’t have £2000 mark up on it, so best it is returned, sorted in your own time and you can resell it with a fresh gearbox for an increased value. As per my previous email, I will be returning it on Thursday the 22nd of September and you will refund me in full. Regards Ben --------------------------------- Please send the reports from the professionals you have taken it to so I can forward these onto our legal team. As I stated James is not in the country until 5th August so I will not be able to do anything until he is back in the country. The vehicle cannot be taken out of your possession without the logbook that was sent off to the dvla on the day you purchased the vehicle as it will be sent to you over the next 3-6weeks. Thank you for this. Good evening E --------------------------- Hello E, Never did I mention reports or diagnostics which you request, I said: I have just been to my local Mercedes specialist for a brief diagnosis, they have said the torque converter is causing the large vibration and the gearbox is juddering also. They estimate this will cost £1600+vat to repair the torque converter and gearbox, plus approximately £200 if glycol is found in the radiator, which is common and contributory to the symptoms. You are welcome to call them and discuss the car http://www.broadleyandholmes.co.uk/ I’m sure they’ll remember as it was only 2 days ago. If you wish them to do a full inspection and diagnosis of the entire vehicle then please arrange it and I will take it there, but it will be at your cost. Under the Consumer Rights Act 2015 the law considers a fault to be what a reasonable person considers a fault. It doesn’t take an engineer to see there is a serious and dangerous fault with the car, along with several minor faults. I have no interest whether J is in the country or not, I dealt with you for 90% of the sale acting on behalf of xxxxxxxxx Ltd, issuing a refund is as simple as taking a payment. The V5 is of no consequence, it is not proof of ownership, I can forward it when it arrives or you can request it from DVLA. Now please stop trying to delay, avoid and deflect your legal duty, you are bound by law to accept this car, whether you like it or not I will get a refund and return the car, if I have to involve trading standards further then I will do so, but I’d much rather it just be a smooth return and refund. I will be returning it on Thursday the 22nd of September and you will refund me in full. Regards Ben ----------------------------- Hi Ben, Apologies for the late response. Our legal team will respond to you by close of play Monday . Thank you Have a good weekend. E
  23. Ok Just start with some background. for the past two years 2014 & 2015 i have had relapses of prolapsed disks causing me to have long absences , after the last absence it was agreed that i would be covered under the disability act (or whatever its called now) also after i had my injections i had to have physio which the occupational health provided so i got back to work a lot quicker than if i had waited for the nhs . Now on to this year i had to be signed of sick because my shoulder had frozen i cannot lift anything of with with one arm , doctor has put me on pain killers and on the list for physio for the shoulder which will allow me to return to worl . When it was diagnosed i told my line manager to refer me to OH because the waiting list was 3 months and they could get me seen a lot earlier like last time , then when i spoke to them again after i was given another fitness note and again they saud they would . Also the reason i need the referral is that they could arrange to gety me back to work in a different area not doing the repetitive actions which aggrevate it while i am waiting for physio or sending me to their physio . The problem is when i go back i know i will face a meeting about my absence but i cannot afford to pay to go privte to jump the list also I cannot go back to full duties because even the gp said i would see you within a week again . So where do i go from here. I am unable to go to OH without the referral but without Oh i can see me being signed off until i get the phsio from the NHS
  24. Three weeks ago I had the fascias on my house painted. As I live in a three storey house this necessitated the use of a very large set of ladders. When he finished the work, the painter asked if he could leave his ladders at my house until Friday. I agreed. On Friday he did some remedial work and asked if he could leave the ladders until Monday when he would have his large van. I reluctantly agreed out of pragmatism – there was little he could do if I’d said no. Three weeks later, the ladders are still here and he won’t return my calls . I’m of the opinion that he is intending to leave them here until the next time he needs them, in effect forcing me to allow the use of my house as industrial storage but it could be that he’s gone out of business or dead or anything else. Ideally I’d like him to come and collect the ladders but there is no pressure or incentive for him to do so. Nevertheless I want them removed and have considered: 1) Getting the council to come and take the ladders for recycling (I know this is probably illegal) 2) Giving him a deadline then, if he doesn’t collect them, charging him for storage. 3) Giving him a deadline then, if he doesn’t collect them, selling them and give him the proceeds I don’t know if any of these ideas are lawful but there must surely be something I can do to get the ladders removed. Any suggestions?
  25. Hello, I have been renting an apartment for the past year with a previous friend. We each paid a £500 deposit to cover a month's worth of rent (£1000 in total) . Long story short, my flatmate failed to make two of her rent payments so the landlord is trying to claim back the whole deposit to cover each of the £500 she failed to give him. We are on a joint tenancy so I understand the landlord has the right to do this as technically we were both liable for the rent even though I paid all of my 'half', however the question I have is do I have any chance of seeing my £500 again? The deposit is currently in the deposit protection scheme where my landlord has requested the full amount back. Should I go into a dispute even though I know I would probably loose? The only small thing I have on my side is that my landlord was not a very good one and we had issues with the flat when we moved in that were never resolved even though I emailed him several times that I have records of (the shower leaked so badly it caused a damp patch on the ceiling of the apartment below, the drains smelled of sewage, the blinds in the bathroom were mouldy). Would this give me any leg to stand on in claiming a bit of the money back or is this not worthy to get some of the deposit back? In terms of my flatmate we are no longer in contact however I have messaged her several times asking her to pay at least one month of the rent so I could get my deposit back at least, to no avail. She already has a lot of debt against her name (unpaid loans, unpaid phone bills ect.) so is there any chance I could claim my lost £500 from her another way or would going through the courts be a waste of time due to her previous unpaid debts she hasn't repaid. I know I was silly signing a joint tenancy with her but hindsight is a beautiful thing and now I'm just trying to look for a way to resolve it and get a part, if not all of my money back!
×
×
  • Create New...