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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
      • 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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Capital Finance One/Payday Credit - Anyone else used them? -


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Angel, my bank, Santander, said that I should approach the companies concerned first then come back to them if no joy - this is a fob off in my opinion. .

 

Agreed. All they have to do is walk into the bank and state the FSA regulation.

 

In most cases, regular payments can

be cancelled by telling the company

taking the payments. However, you

have the right to cancel them directly

with your bank or card issuer by telling

it that you have stopped permission for

the payments. Your bank or card issuer

must then stop them – it has no right to

insist that you agree this first with the

company taking the payments

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Thank you for your email. We have not received any correspondence from you to state you have entered into an IVA. Please forward these documents to us in order for us to investigate.

 

This is the latest just now from CFO - have referred them to the company handling the IVA.

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Youve done the right thing. Don't reply to them now. Simply let the IVA company handle it and remind yourself that it is a low priority debt and isnt worth worrying about.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Just spoke with the Bank and they said "BY Law we have to give a company 30 days to refund you." I quoted the FSA to her but she said it doesn't matter - they still have to give 30 days....

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Not if you used a visa card to pay. Other means then yes, but with a visa, you can issue a chargeback. Same as if anyone used your card without permission.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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http://whatconsumer.co.uk/visa-debit-chargeback/ When asked to perform a chargeback, they have to act immediatley. It seems that a lot of bank reps are oblivious to the new rules.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Have spoken with Stella Creasy via email and she has put me in touch with my local MP. I have also volunteered to be contacted by investigative journalists. Onwards and upwards and let's put these people in their rightful place!

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Good one, hopefully this company and others like it will be stopped - they need better legislation to stop them setting up shop in the first place, let alone gaining multiple 'identities' and obtaining your details 'though the back door'

 

Keep us posted.

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Just been into the branch and they more or less told me off for coming in! Because I am dealing with the fraud department there is nothing THEY can do. I handed them a letter asking for the CPA to be stopped, a list of charges I wanted chargeback on, and asked them to initiate chargeback. I spoke with three different people who did not seem to understand or know the procedure. They even attempted to hand me the letter back! They have now said that it can take up to 30 days to get any money back.

 

I have now had a response from MyLoan.co.uk too who have said this:

 

Thank you for your message.

 

We can confirm your application has been cancelled as per your request. Please find attached the Customer Satisfaction Questionnaire (Refund Request form), please complete and return to us. Once we are in receipt of the completed form your refund will be issued within 30 days.

 

If you are still using the exact same card as the payment was taken from your refund will be done by card reversal, if you are no longer using the exact same card refund will be issued by cheque.

 

Please remember, because we have already carried out work on your behalf, we are legally allowed to keep £5.00 of the fee paid. This means you will get your money back but minus £5.00.

 

Many thanks

 

The My Loan Team

 

 

They then ask for all my details on a form even though I have no reference number and have never asked for a loan with them!

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I'd write to them again and ask them to specifically clarify it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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This from MYLOAN.CO.UK this morning:

 

If you believe that someone has used your details without your permission, please let us know and we’ll be happy to investigate for you. In these instances, we advise our customers to speak to the police as well and cancel the card which payment has been taken from. If you would like us to investigate a payment that has been made to myloan.co.uk please contact us on 0845 491 8820. Please help us to help you and give us any information you can to get your case resolved.

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Yea... no. Why would you call them, just so they can say anything and you'd have no proof.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Dear Ken,

 

Thank you for your email. Please inform them to forward all relevant documents regarding the IVA as we have not received any documentation.

 

Kind Regards

 

Capital Finance One

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This lot are "indicating" that they MAY refund my charges once they see the IVA paperwork (which was sent yesterday by my IVA company) - they are definitely stalling again though but let's see!

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They cant stall once the IVA paperwork is with them. IVA overrules pretty much everything. ESPECIALLY non-priority low end debts such as PDL's

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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My wife took out a payday loan with cap finance one in jan for £150 using my account. Mid way through feb, £58.50 was taken followed by a text asking if she wanted a top up of £140 which she took! I wasn't happy and told her to decline all further offers. At the end of feb, another text arrived asking if she wished to defer for a month and pay full amount in March, which she did! I told her that in March the full amount was to be payed and no more deferrals. Lo and behold, a top up offer of £75 was offered and this time she didn't reply. Also another deferral text, saying we could pay only the interest (£135.92), instead of the full amount. We didn't acknowledge this either and at the end of march, the full amount of £484.42 was taken. Now I'm hoping this is it, but I'm keeping a very close eye on things. First sign of trouble , and I'll pay off my other loan (with my bank) then close the account!!

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Here is the latest heap of crap from CFO to me:

 

Thank you for your email. Your documents were received by us on 11/04/12 and we have made contact with Emma Parry at the Money Group who has confirmed you are in a drafting stage of your IVA and this agreement has not yet been processed.

You have on 9 seperate occasions made re-applications for further finance which is in breach of your contract with Capital Finance One. As a result we are unable to refund any money as this was money owed to the company. Your due date for your loan repayment was 29/02/12 and as we failed to receive any payment or correspondence, your account had fallen into default and incurred additional interest charges. Your account has since been settled and closed on 30/03/12 due to the full outstanding balance being paid.

 

Please accept this as our final response to your complaint

 

If you have any further queries please do not hesitate to get in touch with us.

 

Kind Regards

 

Rebecca Phillips

Customer Relations

Capital Finance One

 

Tel : 020 8166 1470

 

Santander are so slow and show nor real interest - the 9 applications is rubbish by the way.

 

Any further suggestions?

 

Thanks

 

KT

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Latest Update

 

Santander are refusing to refund me anything back, and that includes chargeback, as they deem it my fault for not reading the small print. They agree that CFO have shared my details with other organisations and will lift the block on my card in 2 weeks!!?? Of course I am changing my account but I am absolutely furious with their attitude.

 

I have reported CFO to the BCCA.

 

One of the other companies: myloan.co.uk are trying to offer me a refund minus £5 only if I fill out more details and then they say it will take so days even for a card reversal - they are linked with CFO so beware.

 

Any thoughts, help or suggestions? My intention now is to close my account with Santander and, as I have had ongoing issues with them over the years, take legal action.

 

Cheers

 

KT

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  • 2 weeks later...

Haven't heard a peep from CFO for a while since I sent dispute letters. Received a text message today:

"We may ask an agent to call at your home to discuss your CFO account. If you'd rather we didn't. Call us on 02031951185. Ref. XXXXXXX"

 

Poor grammar aside, am tempted to just ignore as have already told them I shan't offer them any appointments to visit me at my home address. Complaints have already been made to BCCA, Trading Standards, OFT and FOS given past experiences with CFO. Complaining to BCCA didn't really achieving anything tangible as they are self-serving for their industry and not sure how big their teeth are should a member stray from the straight and narrow. Always good to shine a light on poor practice though.

 

Awaiting updates / responses on the other complaints.

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Don't ignore. Write them a letter or email using the doorstep collector template in this sites library. THEN ignore it :)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Their BCCA membership has lapsed according to the BCCA themselves. Not sure of this helps things. I will be completing the OFT form today regarding these sharks!

 

Cheers

 

KT

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  • 2 weeks later...
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