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    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
    • It was really this daft Privacy Notice we were after, but no worries, I'm 99% sure it doesn't count as a NTD otherwise in his letter Simple Simon wouldn't have offered the discount of paying £60 instead of £100. Apologies for jumping the gun earlier. It's a pity your friend paid.  It's neither here nor there if Excel would back down or not.  They are not some statutory authority.  They're just a cowboy private company.  The only way she could have been forced to pay is if a judge had ruled against her in a court hearing, which is highly unlikely given she could have proved to have been elsewhere. I see her "offence" was in May 2023 so logically Excel and their signs were there by then.
    • Thanks for your reply. Their final response was just an email (seemed a bit unprofessional) but FOS seem to have accepted it as their final response. So the issues that I realised within the first few weeks to me at the time seemed like age related stuff and I didn't want to cause trouble and in hindsight I realise I should have pressed harder but I think my heart was being used more than my brain at this point. And yes I now believe extended warranties aren't worth the paper they're printed on, in all fairness to the dealer they did sort these initial issues out when warranty wise rejected them. To touch on your questions, the car was purchased using PCP so deposit with 4 years of monthly payment then a balloon payment at the end or return the vehicle. My pcp agreement was on the basis of 10k miles per year but I think I've currently done 12k miles since Sept 2022 lol. Elite Inspections suggested FOS as stage probably because they're free so I took their advice. When I got the car it had an MOT around 4 months beforehand I believe My MOTS after have been done by private MOT garages (I guess they tend not to comment on panel alignment etc) As for defects from day one - please note they gave 6 month warranty through warranty wise but everything was rejected through them: Passenger side ambient lighting wasn't working (whole trim panel needed to be replaced - dealer paid) Engine would randomly shut the down completely (instead of start stop function) at traffic lights and junctions (software updated in the end - dealer paid) Sat nav screen would freeze/ stay off for a whole journey (intermittent fault, still not sorted/diagnosed) Boot stopped working (new battery needed - dealer paid) The A-pillar trim between the passenger door and windscreen was coming away from the car making a very loud whistling noise as you drive on the motorway ( dealer paid to replace but has come off twice since this repair which shows me the car has potentially bent out of shape so that panel won't go back on) initially was reported within 3 months of ownership and due to part shortages I held out for the parts to come back into stock which ended up taking 6-7 months (TECHNICALLY they had their first chance to fix, and within 2 months it went wrong again but the first repair was massively delayed due to part shortages) Seat belt warning wasn't working (not beeping if you drive without belt on - software reset dealer paid but really put me off from this point as it suggested car had been electronically tampered with) Sun roof was stuck open on one side due to a bent rail around 1 year after purchase - warranty company rejected due to it being pre existing fault apparently. Bodyshop repaired and from this point he pointed out the damage on the car but Alphera just wanted me to deal with Clinkard Clinkard were offering solutions which ended up with me losing nearly £40,000 in a year and them being able to sell another car to me at full price. It was this point I regretted being too nice and trying to keep the peace as it had gotten me nowhere. Advised Clinkard of the cost and opportunity for them to speak to the customer they bought the car from but advised there weren't any issues and advised Alphera too and they suggested that I get the inspection done and here we are now lol Please let me know if I've missed anything out sorry about the essay 😅 email.pdf   Sorry forgot to mention the dealership is around 3-4 hours away from me and was a distance sale and I just went to collect it after transferring deposit/ Finance being accepted.
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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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hi can someone please give me a link to the template letters online or give me advice please !!! for dealing with jacobs i cant find them on this site .. i have been given 24 hours to pay in full £820 or they are coming back to take goods i stupidly signed a walk in possession order a few weeks ago and signed a agreement to pay weekly to clear this debt under pressure and could not afford it just signed it to get them out of my house i have not been able to keep up with the payments and have had a few threats from them but now they have turned up twice while i was out and left letters stuffed in my post box about coming back in 24 hours with a van unless i pay full or call this mobile number .. should i make a payment online to the council can only afford £20 per week.. then ask jacobs to confirm the fees and charges via a letter ... then send a copy to jacobs and the council and query the charges and continue to pay the council £10 per week online ... will this do ??? what do a specifically say to the baliff if he catches me in and appears at my door or worse with a van ???

worried to death please help !!!! cant sleep cant eat ...

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Moving this thread into the Bailiffs Forum

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Until signing the Walking Possession you would not have know the seriousness of the form.

 

In the first place you will note from the wording on the form that it provides that the bailif can remove the goods listed in 5 DAYS....

 

In addition, signing a Walking Possession is your agreement to allow a bailiff to FORCE ENTRY into your home if you refuse to allow him to remove the goods.

 

You already feel bad at allowing the bailiff into your home so no more telling off.

 

The bailiff DOES NOT want to remove goods. He wants to receive payment and of course he can get sigficinat additional fees for himself for a van visit !! It is important to get details of the charges. This is because he can ONLY charge a maximum of 2 van visits BUT for the second van visit...goods MUST have been removed !!

 

Did the Walking Possesion list "exempt" items? What items are listed?

 

Next it is vital that you establish whether the bailif is legally certificated. He must have a certificate for the company that he works for. You will need to call 0203 334 6355 to confirm certification. This is important because IF the bailiff is not certificated, then the Walking Possession is not enforceable.

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tv microwave laptop car ...

but the laptop and car i use for work ...

I just dont know which way to deal with this either -

pay jacobs and send that template letter saying i need longer to pay and enclose a first payment

or pay the council direct online and then tell the bailiff i am dealing with the council direct ... i think the council will point me straight back to jacobs when jacobs gets in touch with them

I am expecting another visit today but am not going to be in ... but need to deal with this in next day or so and decide which is the best way to do it ... i can afford to clear half in the next couple of weeks but then i need time to clear the balance ...

please advise ... should i go to CAB and get them involved or call the national debt helpline ???

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tv microwave laptop car ...

 

Yes, they are exactly the items I'd have chosen.

Damn, he made a good choice.

 

the laptop and car i use for work ...

 

Unless the car and the laptop already belong to someone else, you are stuffed.

If they already are the property of another then he can't touch them, and the owner should really get in touch and claim them.;)

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But that was a later development, I've only got round to that after a long time.

The point is, your kindly Uncle Angus is always ready to buy stuff and let you use it, while you're having difficult times. He's a generous scot! although he's asked us to keep that quiet.

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i do wanna pay it though just needa little time .. i can fend them off getting in ie i aint answering my door ... in the meantime do i pay the council direct or send that template letter to the baliff asking for a breakdown and enclosinga fist payment

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A bailiff visit is a stressful experience, most people are in shock during it and for some time afterwards.

They don't realise that the bailiff can only take stuff that belongs to them, so generally don't mention it at the time.

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Guest Happy Contrails

That's rather extreme. Bailiffs aren't really interested in the telly or a washing machine, just high ticket items such as vehicles.

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i do wanna pay it though just needa little time .. i can fend them off getting in ie i aint answering my door

 

It's too late for that.

 

Right now the stuff that's listed is the bailiffs property, and he's left it with you .

 

He want's cash, and unless you can show the stuff belongs to someone else, or maybe he has no certificate, he's going to get it.

 

Besides, ultimately, if you keep avoiding him, he can always get the court to agree that he can give you notice, a date and time when he'll come and force entry.

 

You must take action. I'm trying to help but you've got to get the little brain cells working. There's only so much I can say on a public site...

 

How is the microwave identified? That's the first key.

How is the laptop identified? That's the second.

Do you own the car, or have you just sold it to a trusted family member/friend.

 

 

Get it?

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You should make the bailiff a sustainable offer and stick to it.

If he doesn't accept that, he can take your stuff.

 

Read all my posts again, carefully, and then you'll understand.

 

Letting him in was the most expensive mistake anyone can make - I think you know that now.

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That's rather extreme. Bailiffs aren't really interested in the telly or a washing machine, just high ticket items such as vehicles.

 

HC the bailiffs listed a laptop and a vehicle. If I was the OP I'd be tearing my hair out just about now. They are practically essentials for modern life.

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