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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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      • 160 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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PLEASE HELP =( halifax and blairoliverscott


j.fra
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Hey, well after yrs of burying my head in the sand ( not answering the phone, opening mail or even bank statements) I applied for online banking to TRY and regain control of my debts by allowing me to see whats happening in my acc's, heres what I discovered =(

 

I have a credit card with halifax, the limit is £500 the balance is £1100 (600 being in charges)

 

I also have a current acc which has an overdraft limit of £1250, i went over this 18 months ago and could not keep up paying the charges so had all my money paid into my cardcash acc, then in feb 08 i paid £200 into my current acc bringing it back within the overdraft, it is now sittin at £1500 again the 250 is all charges=(

 

I pay 80 per month to moorcroft for my current acc aswel as transferring 40 per month into that acc myself so in total 120 per month.

 

I then looked at my credit card acc and set up a transfer from my card cash acc of 40 per month to help pay that HOWEVER I noticed on my cred card that I apparently paid 100 on 2/2/09 an 100 on 29/1/09 with the next payment being marked as due on 28/2/09. there was a phone number which i called and it was blairoliverscott!!

 

I have now viewed my cardcash statements and can see that blair oliver have helped themselves to 200 in 3 days and it appears they are going to continue doing so.

 

Is there anything I can do?? I know its my fault I am in this mess but I am trying to get out of it =(

j

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Hi,

 

Others will advise more here, but you need to open another bank account with a bank that has no connection with HBOS.

 

They will say that their terms and conditions say they can offset credit card debt, and they can take a percentage of your "disposable" income. However, they cannot do this until you have paid your mortgage, council tax, and other major expenses. If they can see debit card payments to restaurants, fashion shops, cinemas, etc., they can argue their point. However, if all you are paying is living expenses - groceries, utility bills, petrol, etc., that is much easier for you to argue.

 

You should contact the Financial Ombudsman Service first thing tomorrow and explain the situation to them. Barclaycard did the same to me, and after I spoke to FOS they refunded it.

 

Good luck.

 

DD

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yes

NEVER talk to a DCA on the phone.

 

so when did you give BOS the permission to take money from your A/C

what is it to do with?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have never authorised them to take any money from my acc EVER. It is concerning a halifax creditcard which i had 3-4yrs ago the limit was 500 I now owe 1100 so the 600 extra is late payment fees etc, initially i tried to pay but the fees along with charges just eft me in a vicious circle so i buried my head. when i added the card to my internet banking to start making payments (i set up £40 pm s/o) i noticed that it had two 'payment recvd with thanks' dated 29 jan 09 and 2 feb 09 which i did not make!! i checked my cardcash acc and noticed to withdrawels of £100 on these dates, having read through stuff here I now kno blair oliver are bank of scotlands in house debt team, it says on my cred card the nxt payment is due on 20th feb and the min payment is 900 as this is what is now outstanding =( I'm guessin that they will just help themselves again unless I move all my money elsewhere?

j

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also can anyone advise on how to deal with the constant phonecalls from dca?? currently I do not answer my home phone and reject calls from numbers that are withheld, private or unknown to me on my mobile, can I answer and tell them to stop calling me? and do they have to listen?

j

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Hi, j.

 

You could try sending them this, whether or not it will work is debatable :rolleyes:

 

 

- HARASSMENT WARNING -

 

WARNING: PROTECTION FROM HARASSMENT ACT 1997

 

WARNING: COMMUNICATIONS ACT 2003. s127.

 

Telephone Number:

 

Re: Harassment by Telephone

 

 

 

** *** 2009

 

 

Dear Sir/Madam

 

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have requested that these calls stop, but I am still receiving calls. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued calling puts you in breach of the Protection from Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to myself, is kept clear for my own personal calls.

 

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner will result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you will be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi, Jul's.

 

You need to move your cash from your cardcash account, without doubt, they will 'offset' money from that account to the other.

 

You should start the process and reclaim all your charges. If you need help, just shout.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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so should i claim charges for my card cash, current acc and credit card? I applied for a cardcash acc with rbs today online, it has been provisionally accepted so hopefully it'll go through.

 

I also have savings acc in my kids names with bos but I am trustee does this mean they can technically recover money from these acc's as my name is on them??

 

If RBS approve the basic cardcash acc I will just empty the kids acc to and move them all to RBS.

juls

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Hi, juls.

 

so should i claim charges for my card cash, current acc and credit card?

 

Yes, I think you should, have a look at the step-by-step...

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

I also have savings acc in my kids names with bos but I am trustee does this mean they can technically recover money from these acc's as my name is on them??

 

I'll check that out for you.

 

 

Regards.

 

Scott.

Edited by maroondevo52
Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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what buggers!

i'd het the rest of the reclaim going, but p'haps deal with the current A/C sep?

they could just turn around and use the excuse of the court case to stall it all!

 

good luck

keep us informed

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I also have savings acc in my kids names with bos but I am trustee does this mean they can technically recover money from these acc's as my name is on them??

 

 

I have taken advice, and they should not touch your kids accounts, but some have been known to.

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I have taken advice, and they should not touch your kids accounts, but some have been known to.
If they were to attempt to touch this money make an immediate complaint to the FOS. The FOS will uphold your complaint as the bank have no right to touch this money under their right of set off as it is not your money.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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thanks for your help, god its such a minefield!!!!

 

credit should come with a health warning!! lol

 

I'll keep you posted I'm going to go to RBS tomorrow and try and open acc's for the kids and at least get that money moved asap

juls

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Sounds like a good plan, keep us posted.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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hey spoke to the bank today and have discovered that they have taken a total of £900 from my acc not 200 :mad:

does any1 know, can they legally do this without informing me ?? it shows up on my statement as cash so i've been thinking i have withdrawn the money the previous month, i have requested a copy of my terms and conditions and agreement

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UPDATE not sure if i did the right thing or not but i called fos and they have lodged a complaint with the bank on my behalf with regards to the charges on my cred card as i only had a limit of 500 and they have so far taken 900 with the view to take another 900, totalling 1300 in charges even i thimk this is extreme. the bank have 8 wks to resolve the matter with me or i go back to fos, have i done the righ thing???

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Hey all, think the bank have taken yet more money out my accont before i could get to it, as i have lodged a complaint via fos, does this mean my debt is in dispute?? and if so can i call and demand that this recent amount is returned as its in dispute??

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I recieved a letter from the bank this morning acknowledging my complaint, saying they will give me a full response within 4 wks, so if i recieved that this morning then they must have sent it yesterday, the day they took more money from my acc, therefor they have taken the money knowin i was coplaining about the charges =)

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Hi, j.fra.

 

Maybe worth your while giving FOS a call and explaining the situation.

I always found them good to deal with, with a couple of my claims.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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