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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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Debt problems building up


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Hi guys,

 

This is my first post and it's hence I am having quite a bit of debt issues building up, specially since I lost my job on the 3rd of April 2008.

 

I have the following up:

-South Lanarkshire Council (rent arrears): £361.06

-South Lanarkshire Council (Council Tax): £105.00

-Shop Direct Financial ServicesL: £1989.89

 

Now, the only thing I now is I have to sort Rent and Council Tax first. I live with my partner and we're both unemployed, the only money we're getting in is from Carer's Allowance (my partner gets it for caring after her mum). We're both looking for a job and my partner would be okey to stop caring for her mum if a job came by to her.

 

We applied for JSA on the 03/04/2009 however we have not received any payment yet. This is because of a large number of paperwork that is being asked. Since I came into the UK last year - I first had to go through an Habitual Residence Test (HRT). As far as I am aware this is ok.

 

However last Tuesday they promised us payment and after that they tell us that the claim can't be processed until my partner doesn't fill up a JSA6 form to exempt her from signing on. This was done on Wednesday however this form has not arrived yet to the Benefit Delivery Centre in Coatbridge.

 

The biggest problem of everything is the fact that Housing Benefit and Council Tax Benefit are not being rolled over as of yet.

 

Previous to this I was unemployed for two weeks between the 06/01/2009 and the 19/01/2009. The problem is for that job my first wages didn't come till the end of March. I claimed for the period I was unemployed however it wasn't awarded as I got a job before the first time I had to sign on. At this time I had already built up arrears of 322.64£ and had council tax arrears too.

 

I drawed up an agreement for the arrears. Paid all the council tax by the end of the financial year.

 

However and now since I am unemployed, I still owe £249.54 from those dates plus a fortnight of 111.50£ from the current rent and the month's council tax. The fact that I was already on arrears even though on agreement means that the council is issuing me and my partner with notice of proceedings. They say that it can go to court any day as from the 07/06/2009 onwards. (I guess we will get a summons by them).

 

The problem is, I have hardly got money left for food - plus the fact that I don't know right now what I am going to be awarded - means it's impossible for me to make a further arrangement with the council.

 

Now given all the problems we've had with the JobCentre, my biggest worry is that we're facing eviction out of this. The target day for this claim was the 17/04/2009 and it's all stuck. I would like to trust them and think that next week if they get the form it will be all sorted - but I am fearing they will come up with something else.

 

The Hamilton JobCentre where I sign on blames it all on the Coatbridge Benefit Delivery Centre, but them say they are only a call centre and can't make things go quicker even though I could be faced with eviction. I have tried managers there a couple of times but had no luck.

 

The problem is, for every further week this takes to complete, a further £55.75 will be added to the rent arrears. And the JobCentre has not advised of timescales and resolution of this matter.

 

The Shop Direct issue is a thing that comes big too - however I really don't care much about it until the rent and council tax issue gets sorted.

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Hi Jack. have you written or better still met with the council rents department and explained your predicament ?, dealing with the rent arrears is the most urgent problem you have to deal with. Go to the council offices on monday and speak to the person in charge.

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Hi I have about £20k of credit debt. Iv been told this is not priority debt but am not sure what my options are. I cant keep up the payments and the thought of just disappearing abroad is becoming more of an option.

 

Advice would be welcome.

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if you start your own thread (new thread) and canlist what debts you have we may be able to help

 

ida x

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