Jump to content


  • Tweets

  • Posts

    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like
  • Recommended Topics

My Daughter has 4 Accounts with Parent Company J D Williams charges reclaiming **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5205 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Sent subject access request away to GE Money received them 6/7/09 if my calculations are correct we should have had a reply by 15/8/09 (40 days)and surprise surprise there is no replies.

Not sure what to do now...do We just sit and wait or do we report to ICO

any guidance appreciated.

They wont be wanting to part with the info as my Daughter has massive charges on these accounts and because these accounts are all clear and paid they wont want to pay any monies out on them.

But will we give up....no we wont.

Link to post
Share on other sites

  • Replies 53
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Sent subject access request away to GE Money received them 6/7/09 if my calculations are correct we should have had a reply by 15/8/09 (40 days)and surprise surprise there is no replies.

Not sure what to do now...do We just sit and wait or do we report to ICO

any guidance appreciated.

They wont be wanting to part with the info as my Daughter has massive charges on these accounts and because these accounts are all clear and paid they wont want to pay any monies out on them.

But will we give up....no we wont.

 

After my request for a SAR was not sent back i sent off a LBA to Santander Cards UK ( Send registered ) giving them a further 7 days to comply, if these 7 days pass without your request being complied with then a formal complaint to the following organisations - FOS, ICO, FSA, BBA & Office of Fair Trading. When you send a complaint also include copies of the letters requesting SAR, LBA & also proof of postage. I have attached a template that was kindly sent to myself by a fellow Cagger.

Formal Complaint.doc

Debt Free Since 1st September 2009:D

 

Target Savings For 2010 = £1000:)

 

Savings So Far = £700:lol:

Link to post
Share on other sites

Many thanks for your advice do oyu have any links to a Letter Before Action I have seen one somewhere on the forum...but cant seem to find it.

Any caggers out there who can point me in the right direction for a letter before action regarding non-compliance of SAR.

 

Also the SAR letter I sent were to GE money as they were the creditor at the time I notice that you sent them to Santander do you have an address for the.

 

I would be extremely grateful for any help with these plonkers.

Cheers

afw

Link to post
Share on other sites

The attached is a copy of an LBA that i used. This was sent to Sarah Wainwright, Data Protection Administrator, PO Box 700, Leeds, LS99 2BD, but i DID NOT get any joy from this address so i then complained to various financial organisations ( ICO etc ) & recieved a letter from The Complaint Resolution Team, Santander Cards UK Ltd, Capital House Unit A, Bruntcliffe Way, Morley, Leeds, LS27 0JG. Hopefully this will help!

LBA.doc

Debt Free Since 1st September 2009:D

 

Target Savings For 2010 = £1000:)

 

Savings So Far = £700:lol:

Link to post
Share on other sites

  • 2 weeks later...

Hiya

Meant to say after receiving SAR back there was no copy of the CCA within it I always thought if you paid £10 for SAR you where entitled to everything. They are now saying that they want another £1.00 for a copy of the CCA. Can anybody confirm what is correct.

 

After sending off for default charges to the 4 companies one of them have replied with a big speel of a letter informing us that only a court can decide whether a term is fair or not. Also enclosed a copy of their complaints procedure. So do I take it this is not their final decision. I have posted a copy of the letter here. If anybody can give us any guidance where to turn to now we would be more than grateful. This account was opened in November 2007.

 

Refusal letter for charges and complaints procedure

 

Copy One

Copy Two

Copy Three

Link to post
Share on other sites

If you sent a full data sar then the agreement should be included. I have found that both JD Williams and Littlewoods were until not very long ago to busy sending out goods to bother getting any agreements signed and as a result many caggers found that these two companies did not carry any type of agreement linked to them.

 

In my own cases if these two companies had treated me with any type of respect or consideration I would have done the same with them and paid them, they had not so I told them that they had no enforceable agreement and to get lost.

 

dpick

Link to post
Share on other sites

Good for you pdick give them a taste of their own medicine.

 

When my daughter received the letter in post number 19 above we wondered if anybody else had tried toget charges from J D WIlliams regaring their consortium of catalogues their letter does not say full and final decision so we are not sure whether to just accept their decision or resend andother letter or contact FOS.

 

Can anybody out there help us as to what we should do next.

 

Cheers

afw

Link to post
Share on other sites

  • 2 weeks later...

Hi

It appears that JD Williams(The Brilliant Giftshop.co.uk ) think that the OFT setthe £12.00 threshold for defaultcharges inrelationto creditcards and notcataloguescan anybody confirm if this is true. ALso they are refusing charges can anybodyadvise can we take our complaint to FOS for catalgue tores such as JD William, SHow Tailor and such likearethey guide by FOS. they dont seem to think so.

Cheers

AFW

Link to post
Share on other sites

Hi

It appears that JD Williams(The Brilliant Giftshop.co.uk ) think that the OFT setthe £12.00 threshold for defaultcharges inrelationto creditcards and notcataloguescan anybody confirm if this is true. ALso they are refusing charges can anybodyadvise can we take our complaint to FOS for catalgue tores such as JD William, SHow Tailor and such likearethey guide by FOS. they dont seem to think so.

Cheers

AFW

The £12 was a limit that the OFT stated that they would not take any action over in reguard to its investigation into credit card charges.However , just because this would not be investigated by OFT if under £12 does not mean that a charge of up to £12 is lawfull and fair ! It is up to the company making the charge to prove that the charge relates to any actual loss incured, anything above actual loss is deemed as a penalty charge and as case law determines it is irrecoverable. it was not set as a legal limit and it is up to the company making the charge to prove actual loss of said amount. And that includes any catalogue company.

:)

Edited by SURFBOY
mistake

hello all:-)

Link to post
Share on other sites

Hi folks

 

Update on my daughters requested SAR to GE Money/Santander

 

Sent 1st SAR request to GE Money on the 2nd July they received 6th july 09. - No Response

 

Sent 2nd request to GE Money and Santander on the 19th AUgust 09 they received 24 August 09 - No Response.

 

Sent 3rd Letter - Letter before Action to Santander 7th September 09 received 9th September 09 giving them another 7 Days - still no response.

 

Could somebody please helpmewith guidance on where I actually start complaints to is ICo, FOS or whoever I think GE Money/Santander are starting to play games nowandit is ******* me off asthey owe my Daughter a lot of money for charges on these accounts before she paid them off. They bullied, harassed and pestered her when she was going through a really bad timenow they need to pay back.

ANy guidance would be greatly appreciated.

AFW

Link to post
Share on other sites

Hi Folks

 

A wee update since receiving SAR back.

 

Applied to 4 (Fashion WOrld, Brilliant Gift Shop, SImply B, Shoe Tailor) for charges only 1 has replied refusing the rest have ignored my letters.

 

Can anybody advise me what to do now.

 

Do I re-wrtie to them all again or do I report them to somebody ICO, FOS etc...some help would be greatly appreciated.

 

As it stands:

Brilliant Gift SHop.....refused me charges

shoe tailor..............No response to charges

Simply B.................No Response to charges

Fashion WOrld.........No Response to charges

AFW

Link to post
Share on other sites

Would this be the same way in Scotland, I was thinking more of the ICO or FOS to start with as my hubby is not a well man and my Daughter has gone through a really bad split with partner and left her to get on with it financially and i think the court route would take up more of my precious time yjay really needs to help them through this bad time.

Cheers

AFW

Link to post
Share on other sites

24233513afw - This is a letter that i sent to complain, an identical letter was sent also to the various financial institutions at the bottom of the letter aswell. Fill in the sections in Red & amend to suit.

ICO Complaint.doc

Debt Free Since 1st September 2009:D

 

Target Savings For 2010 = £1000:)

 

Savings So Far = £700:lol:

Link to post
Share on other sites

You need to follow the time line.

 

Sar...

Prelim letter..... 14 days, then the lba letter.

 

If no response or unacceptable response, its time to file at court.

 

The chances are you will be ignored. They will hope you will go away. But keep at them ;)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

  • 4 weeks later...

Hi Folks

 

Absolutly great news today my Daughter has just received letters from J D Williams's Solicitor awarding her charges back on all 4 accounts, this will not clear the balances but will take a huge lump off them. WHich in turn will help her pay them off quicker.

 

In their first reply they tried to tell us that FOS wouldn't get involved because they were not a credit card and that some sharges were after 2007 (What a load of crap) so we just kept at them. SO DON'T GIVE UP THATS WHAT THEY ALL WANT US TO DO.

 

After many letters to J D Williams which they failed to acknowledge. Eventually on the 24/9/09 we wrote to Linda Bond, Service Resolution Manager, Home Shopping Direct, Griffin House, 40 Lever Street, Manchester M60 6ES.

 

THankyou everyone for all your help that you have given us before wefound this site we would have thrown the towel in ages ago and let them off with all these charges.

 

Good luck to everyone who is fighting for their rights.

 

Cheers

AFW

Link to post
Share on other sites

That is fantastic!! Well done :D

 

Have they given you a date for the refund. I had to give them a gentle nudge to remind them. Only give them 7 days. ;)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Hi Folks

 

Many thanksits a great relief for my Daughter

Just writting letter of acceptance now and giving them 7 days to comply they are going to deduct from her balances so she wont have as much to pay so I do suppose they can takea few weeks it wont affect heras she will deduct it fro her balance and as no interest is being charged now it doesnt make any difference. But we sahall give them 7 days and see what happens. I am sure they will have a few delay tactics uptheir sleeve, but bet they are gutted at paying these back. They make enough money from peoplewho shop from their books the prices are extortionate and their interest.

Good Luckkeepusallpostedshe has few other that we are fighting for charges just waiting onCap1 now.

Cheeers

AFW

Link to post
Share on other sites

  • 3 weeks later...

Hi Folks

Eventually today my Daughter received her SAR from GE Money (now Santander) they have provided her with 6 years of statements but a hell of a lot of statements missing(not sure what to about that) also they have stated in their letter they can't provide herwith the missing statements.

Also they state that 1 of the accounts was paid off and closed before 2003 but this isn't true they were all paidoff July 2007.

I have already reported them to ICO for non-compliance but will need to try and estimate charges and PPI for the missing months - is she allowed to do this. After all they can'tsupply the statements so what proof do they have.

 

Any pointers would be greatly appreciated.

AFW

Link to post
Share on other sites

Hi folks

 

Info in the above post #17 has got us bamboozled, I have tried to cut is down a bit in this post please can someone help us......

 

Can anybody help with what road do we go down now. GE have sent my Daughter her SAR h(eventually) however they state that they do not have any info for 1 of the accounts ( saying closed before 2003 we cant remeber but dont think it was aslong as this).

 

They have sent statements for the other 3 accounts however there is a lot of statements missing.

 

We have already reported non compliance for the SAR to the ICO (just last week the day before twe received the SAR) as we applied for the SAR in July 2009

 

1. Do we contact ICO and tell them they have sent SAR but not complete ?

2. Do we estimate charges on the satements they haven't provided ?

3. GE Money also state they can not provide us with Default Notices?

 

Any help would be greatly appreciated.

Cheers

AFW

Link to post
Share on other sites

  • 4 weeks later...

Hi

Received statements. Calculated Charges, do we send request for charges to Sarah Wainwright or to different person for GE Money.

Also CL Finance had been assigned this debt so do we claim them or GE Money/SAntander.

Cheers

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...