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    • We purchased our Mercedes in September 2023 from Doves in Horsham for £21000, paying half cash and half on finance. We also purchased warranty for life via Ramp as recommended by Doves. On 12th May 2024 the car failed to recognise the key and wouldn’t not open, the AA could not identify the problem so via our warranty the car was taken to Mercedes in Croydon. After 3 weeks the problem was finally identified as water ingress in the drivers side footwell which has corroded and blown various components. After further investigation it was discovered the windscreen was date stamped 2019 (all the windows are 2018 - therefore not the factory fitted windscreen) The leak has developed due to incorrect sealant being used assuming when this was replaced and also water leaking from the seam. The warranty company do not cover water ingress so we are now faced with a bill of £3635. As we are now at 8 months since purchase (problem started at just over 7 months) we are not covered by the consumer rights acts. Would we be covered Sale of Goods Act? We have all the reports for the works being completed but unsure if this should be taken to the finance company or Doves who we purchased the car from. Do we pay for the works and then try and claim it back or should they be paying? Any help would be much appreciated
    • im also wondering if back billing applies here too . from looking at like threads around this SSE to ovo compulsory switch, it must be evidenced by the claimant that bills were regularly issued for the period of the supply the debt they claim covers. there are no threads here that show they could ever produce them, so back billing rules (12mts) might also play a part.
    • Vodafone have reported that they are having issues with their Credit File APIs into the Credit Reference Agencies where aged accounts over 6 years are being readded to Credit Files. In some instances, people are having defaults rescinded and changed to late payment status making the account live again!    --- Have you been affected? Please keep an eye out on your credit file for any  new Vodafone Account appearing where there shouldnt be any reason. If you are a Vodafone Customer - Check that the information is correct. check for Late Payments and Defaults.    Don't forget to consider the financial impacts this could have on you.  ---   If you are struggling - Post below and we can guide you to get the result you need!    Its been reported that Experian and TransUnion seem to be where these appear.  They are able to remove the information relatively quickly and it will reflect on next Credit File Refresh.         
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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With the current test case waiver there isn't a lot we can do after our claims have gone to court and been stayed (put on hold) :-|

 

BUT....

 

Once you have started your claim and your account is in dispute there isn't a lot the bank can do to recover what they see as a debt either, the only legal way is through the court system and your claim is there already.

 

So if the charges they keep adding to your account are causing you a problem open another bank account and take your finances and your money out of the reach of HSBC, let them add charges, they cant recover them and you will claim them back :rolleyes:. you can even write to them and tell them that as they keep applying ridiculous charges to your account you can no longer afford to bank with them :).

 

You will get some stupid letters demanding repayment and maybe phone calls but there is no legal basis to any of it and most of these tactics are unlawful so we can advise you what to write to get them to stop :-).

 

pete

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Great thanks for the prompt response and reply. So once i've sent the LBA, my claim will sit at the court until further notice? Is that right?:confused:

 

You can leave it at LBA stage and I don't think many people here would question the validity of your dispute but to make it rock solid (if you can afford it) I would submit your claim to the court and then as Johnny says you will start to accrue the 8% county courts act section 69 interest as well :).

 

pete

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If I am at this stage is it a good time to write and say we can no longer afford to bank with them - I have my parachute account ready

thanks, however I will still owe them overdraft

Any wording for a letter available about sacking them off -

 

Keep trying to resolve things with HSBC, send off all of the paperwork to substantiate your case for hardship go as far as you can with them and see what they say.

 

My own claim is currently stayed in court but after having over £500 added to it in charges in 40 days I stopped my wages from being paid into this account and have moved my day to day finances.

I didn't send a letter "sacking" them, the account is still there and HSBC still believe I owe them a debt of the balance of the account but with the stay in place there is no way I can resolve matters.

 

I would move your money away from your HSBC account so you can afford to pay your bills and if your hardship case fails you will be in the same stale mate situation that I am in.... at least I can afford to eat :cool:

 

pete

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Cleo, it doesnt matter which bank is ripping you off if we can help we will :). as Freaky says stick to your claim time scale but treat your account as dead from now on ;) the sooner you get your wages out of the banks reach the better :).

 

Pete

 

ps Freaky where have you been???? :D

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Hi - I have spent a long time reading templates etc and really good site - what I need to know is do I ask to close account and offer to pay back in installments (I am worried about further charges) or do I do something else?

Regardless I am going to move salary in next couple of days

 

Hiya Cleo, just leave your bank account where it is, progress your claim as far as you can but open another bank account for your daily finances (wages in and bills out) that way the bank cant just keep taking your money. If you have any loans with the bank set up standing orders to your old account to keep up your payments of these.

 

If your claim for the return of unlawful charges is the same or more than the balance of your account you have no fears from the bank because they owe you more than you owe them. If your overdraft is more than your claim value then its probably a good idea to set up some payments to get this down to your claim value, don't worry about new charges because you can add these to your claim before you submit it to court and start another claim for any new charges after you have gone to the courts :).

 

pete

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