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    • If someone only receives a Govt benefit - ie working tax credit - and barely has enough money to pay for food, utilities, public transport and general essentials - what happens if their bank receives a 3rd party order to freeze the account because of an unpaid debt and a mistaken assumption that account holder has hidden funds/savings ?  Does the bank allow the account holder access to the bank to pay for life essentials?  Or does the bank literally freeze the account so nothing can be bought, no bills paid for ?   
    • Hi   As promised here is a response I have put together for you please fully amend as required   Dear XXXXXXXXXX   Complaint Reference: XXXXXXXXXXXXX   Further to your correspondence on XX/XX/2021 I find your response unacceptable for the following reasons:   You felt there was a data breach due to maladministration as we had the incorrect email address for you. As previously advised, the email was not sent to another individual but was undelivered due to having the incorrect email address. I   have requested a copy of the undeliverable message from our IT team. Once this has been received, I   will forward it to you. This has not been reported to our data protection officer as there was no breach. I  did also try to contact you by telephone to get the correct email address after it was returned to us, but there was no answer   I disagree with the above for the following reasons:   a) The Housing Association that sent it to the incorrect email address  b) The Housing Association were fully aware of my email address as you have been responding to myself at my email address even when I initially reported this and had a response from your online portal. c) This was a potential Data Protection Breach irrespective that it was undelivered and should therefore be reported to your data protection officer. d) You were responding to my emails at the correct email address and the as previously stated when I initially report this and got a response from your online portal to my email address, you incorrectly sent the response to an email address due to typo errors in that email address by the individual that sent.  e) If the individual that sent that email to the incorrect email address due to typo errors was yourself then you have a Conflict of Interest in dealing with this matter as it involves yourself and someone else should be responding to that matter therefore I require clarification if it was indeed yourself that sent the email to the incorrect email address.   You feel that this should be a stage 2 as your response was out of time due to having the incorrect email address. You received the response one week after it had been originally sent, once you provided the correct email address. This would not meet the criteria for escalating to stage 2. I  had already offered compensation of £25 for the delay in responding to your complaint. My colleague that reviewed this for stage 2 has advised that an additional £25 could also be offered to compensate for the delay caused by not having the correct email address.  Please note any compensation awarded would be offset against outstanding arrears in the first instance should there be any on your account.   I disagree with the above for the following reasons:   a) Your initial response was sent to an incorrect email address due to typo error irrespective that it was received one week later it was still out with the agreed stage 1 Time Limits therefore should be dealt with as a Stage 2 Complaint    Contents insurance is the responsibility of the resident to arrange. You are aware when you take on your tenancy that your personal belongings are your responsibility to repair and maintain, not A2Dominions. As such, any insurance to cover these items would have to be arranged by the tenant. There is no requirement for us to advise of this. Your tenancy agreement gives a comprehensive overview of what is A2Dominion responsibility. Should you have any queries about these. you can refer to the document   I disagree with the above for the following reasons:   a) As I was not aware of this by your staff when I took out this tenancy but you point out I was made aware therefore I would like to be provided with evidence from my housing file that I was informed of this when signing this tenancy agreement. If you cannot provide this then you cannot state that I was made aware at the time of taking up this tenancy. b) You point out their is no requirement for you to advise of this which I find astounding for any Housing Association to state this as they should be making any new tenant fully aware that Contents Insurance is required and the reason.   I  have been informed that the flood affected many members of the community that day. There were so many people affected that a local support group was also set up. This shows that the issue was widespread, not just limited to affecting your property and also proves that the issue stemmed from a wider mains issue. I do appreciate that there was a blockage in your drain which exacerbated the issue within your property, but as advised in my stage 1 response, this was attended within our urgent call out timeframe of 24 hrs. This was then passed back to Pyramid Plus as they were unable to dear the blockage, and follow on works were arranged. We are unable to attend to issues until we know about them, and we attended as soon as this was reported to us.   I disagree with the above for the following reasons:   a) In a previous response you blamed the mains water companies issue therefore not the Housings issue now you have changed it to a wider mains issue yet as I preciously asked to be provided with evidence again you have failed to provide that evidence. b) The blockage which you have previously been in denial about and suddenly admitted and openly blamed the main previously you have know admitted. As this blockage I within your property boundaries and is inside internal in my property the Housing is responsible for that issue and the further damage caused. In reference to your request for the previous reports by other residents, we would be unable to provide that information to you. We cannot discuss any reports by other residents under any circumstances   I disagree with the above for the following reason:   a) My request for how may tenants have complained about this you previously stated 'your system does not allow you to find this information' and now it is 'we cannot discuss reports made by other residents under any circumstances' I find this completely unacceptable as I did not ask this I only ask how many tenants had complaint about this issue whether it be one or ten as an example how difficult can it be as this does not breach any data protection laws and if you still insist on this approach then you can provide my with with full and I do mean full clarification as to your reason with which article and section of the data protection act you are using for your failure to comply with a reasonable request and your failure still to explain FOI.    
    • No!   Not because what you've written is wrong - it isn't - but because it's best to keep Simple Simon in the dark about how you are going to bat off his claim.   Look at   https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-jun-2021/   and then scroll down to   Q2) How should I defend?   Adapt the defence there.   The more you read up on VCS "no stopping" airport threads here the more you'll educate yourself on what needs to be done.
    • Defence :   1. No keeper liability as this is not “relevant land” under the POFA 2012 and I the defendant puts it to strict proof that VCS show as to who was the driver at the time. 2. No contract was ever offered by VCS, land is subject to own byelaws and signage is prohibitive so there can be no monies due as a result of either a contractual charge or as a result of a breach of contract.   is that enough?
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Refund of car deposit if dealer hides the details


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Hi,

 

A car dealer miss-sold a car loan to me, hides the details of the loan and didn't handed over the copy of contract to me. He charged me very very high interest that i realized when i did some calculations at home after I left the dealer premises. Very next day i went back and asked them to cancel the order and related loan, first they refused to cancel as i already signed the documents but I insisted that its my legal right and I was not given the full information about the loan. After a long discussion they finally agreed to cancel the loan but didn't refunded my deposit and told me that i can buy some other car and my deposit will be transferred to that car. I wrote them a letter asking to refund my deposit but they didn't replied. After waiting for 2 weeks i sent them an email but got no response. Now my questions are:

 

 

 

1. Am I bound to purchase some other car from them?

 

2. What are my legal rights to refund deposit when they hides the loan details.

3. What is the procedure to complain? with whom and how?

 

 

Thanks a lot.

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The deposit isn't dependent on your getting the vehicle - you pulled out of the sale, and didn't take the option to purchase. Therefore, they are taking the reasonable route in allowing you to use the deposit for another vehicle - but then, the same situation may well arise.

 

The time to pay a deposit is AFTER everything is confirmed and to your agreement, as you effectively changed your mind (for a valid reason, nevertheless) if it involves you walking away from your agreement, then the deposit is the first casualty.

 

In answer to your queries;

1) No, you are not bound - but you'll lose the money you already paid.

2) How can he 'hide' loan details when you sign the form? If you mean you weren;t aware of the terms of the agreement at the time, then the burden falls on you to prove there was any omission on the dealers part

3) You can complain to ~Trading Standards so he's given a few stern letters, but that's about as far as it will go.

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Not only is the paying of a deposit a contract, the then failure to continue with the purchase could leave you open to being sued for compensation as well as loss of the deposit.

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Thanks,

But i don't understand if we purchase a 1£ item from store and later we don't like it we have legal rights to return it withing 28 days, similarly if we go into contract with a mobile company we can change our mind and cancel the contract within 30 days.

Why the same cannot be applied in this type of contract?

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Thanks,

But i don't understand if we purchase a 1£ item from store and later we don't like it we have legal rights to return it withing 28 days,

 

This is simply not true.

 

Your whole argument is based on a false premise.

 

A particular trader may offer such a deal for a period, but there is absolutely no legal right to simply change your mind (except for distance selling)

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Can somebody help me. similar had happened to me recently.

 

It was my first experience to any car finance dealer. I feel of being fooled by them. A copy of the agreement was not provided to me. while i was told that i have to pay the deposit straight away. as you may agree, nobody can read those Terms and Conditions small print within minutes. later a friend of mine told me that he didnt pay any deposit straight away to the same dealer. when i reached home, i realized i was NOT provided the required paper work. only rough interest calculations...which when i calculated was very misleading to what i was told. i went back next day and told them that it is unfair. they said nothing could be done. and i am not even allowed to cancel the contract. while another person at their office told me minutes before that my paper work was untouched and still on the table. after a while the manager came and said ok, the deal will be cancelled completely and i can go home. i was relaxed but 2-3 days later i found out that they have deducted the Deposit from my account. i phoned them, wrote them letter, emailed them But NO ONE had the courtesy to at least answer me of what is going on...i am too much frustrated. i need to know what can i do. Please somebody guide me? Thanks

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