gardx con by welcome

[beyondhope]

best of luck essexboy will be following closely

[just_jue]

Just had my summary back from the FOS, and they haven't answered my query regarding the GARDX so another letter off to them to ask why. Who can we complain to about the FOS?

[essexboy]

HI JUST JUE

 

dont give up hope try trading standards i dont what they can do yet, if anything

 

but at least they seem to taking things seriously at he moment

[louisd77]

Hi,

 

Received my statement from Welcome today & on 02 April 08 they charged me £299 for a GARDX valet. WTF!

I never asked for any valet.

 

Louis

[essexboy]

hi louis

 

sounds right for Welcome , never heard of a £299 valet did you have a warranty

 

essexboy

[essexboy]

had a call from trading standards today

 

they want authorization to talk to welcome and gardx on my behalf, seemed as though he took my complaint seriously and would follow it up

 

did say though. cattles were in trouble and felt i had no one to pursue

 

told him certain subsideries were still in existance (welcome finance and shopacheck) albeit barely and then become a bit more positive

 

seemed to think it was worth persuing and have left it with them

 

will keep all updated

 

essexboy

[beyondhope]

had a call from trading standards today

 

they want authorization to talk to welcome and gardx on my behalf, seemed as though he took my complaint seriously and would follow it up

 

did say though. cattles were in trouble and felt i had no one to pursue

 

told him certain subsideries were still in existance (welcome finance and shopacheck) albeit barely and then become a bit more positive

 

seemed to think it was worth persuing and have left it with them

 

will keep all updated

 

essexboy

 

 

oo ill be watching with interest following the response I had yesterday

[tonycard]

Unfair Terms

5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

 

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

 

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

 

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

 

(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.

 

Assessment of unfair terms

6. - (1) Without prejudice to regulation 12, the unfairness of a contractual term shall be assessed, taking into account the nature of the goods or services for which the contract was concluded and by referring, at the time of conclusion of the contract, to all the circumstances attending the conclusion of the contract and to all the other terms of the contract or of another contract on which it is dependent.

 

(2) In so far as it is in plain intelligible language, the assessment of fairness of a term shall not relate-

(a) to the definition of the main subject matter of the contract, or
 
(b) to the adequacy of the price or remuneration, as against the goods or services supplied in exchange.

Written contracts

7. - (1) A seller or supplier shall ensure that any written term of a contract is expressed in plain, intelligible language.

 

(2) If there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail but this rule shall not apply in proceedings brought under regulation 12.

 

Effect of unfair term

8. - (1) An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer.

 

(2) The contract shall continue to bind the parties if it is capable of continuing in existence without the unfair term.

[jo0410]

Very interesting my welscum agreement also says incl GX against my make and model.

[tonycard]

can you pick bits out of post 58 over gdx con

[beyondhope]

my response I posted yesterday mentions gx

[essexboy]

oo ill be watching with interest following the response I had yesterday

 

 

please tell

 

essexboy

[beyondhope]

please tell

 

essexboy

 

its all on my thread

[tonycard]

beyond having read scums response to gdx and havin read gdx conditions would these points on post 58 apply

UNFAIR TERMS

5. {1}

{2}

{4}

Assment of unfair terms

6. {1}

{2}

written contracts

7. {1}

effects of unfair terms

8.{1}

{2}> would this point make any contract with gdx in unenforceable as the terms and conditions for gdx where not explained

[jo0410]

this seems to gets better and better for me. I have incl gx on both my car agreements. I do have all the original agreements and even the the new and used vehicle order form that shows that the £299 gx extra was put on my total credit price and then charged 48 months of interest on that so called extra without being informed what it was.

[beyondhope]

is on every agreement Jo its already printed on the agreement and decided before you sign

[jo0410]

the one weird thing is that it is shown as a extra on one of my new and used vehicle order form but not the other. I do feel like querying that "extra" in my list of points to them.

[essexboy]

hi jo

 

i also had this as an extra without my knowledge and am pursuing this through tradinfg standards

 

essexboy

[jo0410]

I have other discrepancies on my agreement itself so atm awaiting SAR then I will be complaining to each body in turn. I am sure Trading Standard will be amongst them eventually. I am in arrears and only making token payments so probably only a matter of time before I get a DN and TN.

[essexboy]

jo

 

you will be surprised what you get in the sar so do not give up hope yet. let us know if we can be of help

 

essexboy

[jo0410]

Dont worry I am not giving up hope, I intend to sue them for PPI charges and unfair charges on all 4 accounts i had/have with them at the very least and would secretly like them to do a unlawful repo without court order (i have paid alot more than third on my loan) so that I could screw them for that too but that might be taking my wish abit far. Had 4 years of them harassing me at one point or another (even when i was up to date....they used to phone me at work continously to see if i wanted to make extra payments!)

[essexboy]

hi jo

 

we have all been there good luck and let me know if i can help, although my knowledge is rather limited and i often repeat what i have been told on this site

 

essexboy

[beyondhope]

Dont worry I am not giving up hope, I intend to sue them for PPI charges and unfair charges on all 4 accounts i had/have with them at the very least and would secretly like them to do a unlawful repo without court order (i have paid alot more than third on my loan) so that I could screw them for that too but that might be taking my wish abit far. Had 4 years of them harassing me at one point or another (even when i was up to date....they used to phone me at work continously to see if i wanted to make extra payments!)

 

They are a joke...go get um

[fairfight2011]

that appears to be the case the very same is on my agreement and it was never mentioned i only looked at it properly because of this thread

 

Ditto in my case too - have been trying to figure out why there was a 300 quid difference between the figures on my original agreement and on the recent statement, maybe we should start a thread for owners/HP'ers of the world's most expensive car sponge!