Jump to content


  • Tweets

  • Posts

    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
  • 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
      • 160 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

Payday express-theft **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4997 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

In oct alst year i took a payday loan (£250) with payday express and paid it + interest back the next month. In Feb i started getting calls from them saying i owed them £800 i told that that i had paid the original debt off and asked them to provide proof of this new debt, i recived no reply from them and the calls stopped. Sudenly at the end of June payday express took over £400 from my account. I have contacted natwest who after my badgering finally opened a fraud case but i was told i was unlikely to win. Anyone have any help or suggestions on how to get my money back from payday. needless to say they dont answer calls or reply to letters.

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

Link to post
Share on other sites

The point is i dont owe them anything i took out a loan paid them in full i have the bank statements to prove this. Now they decided they want more money and took it or they have messed up and dont think i have paid but as it has been over six months since i paid it off i doubt this.

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

Link to post
Share on other sites

sorry Mrs Hobbit, but i dont think there is a point. If you can show hard evidence that you do not owe them any money, and be sure that you can then your bank will issue a refund of the funds, especially if you can prove that it has been paid in the past from the same account. it should be relatively simple - i dont think these companies would respond well to threats, thats what they do all bloody day...

Link to post
Share on other sites

Guest Mrs Hobbit

No problem JK. This is how I would handle the matter. the banks can be obstinate and could claim well you have set up a DD. I have seen companies re-instate DD's and it;s the devil's job to convince the bank they did it without your permission, Oh the other thing I did was put in writing to the bank, if they allow a DD on my account without me letting the bank know in advance they will be held responsible. It worked and is still on my bank file. The banks can be obstructive instead of helpful, especially if a DD had been authorised previously. The DD Mandate is worth diddly squat. You don't even have to sign a Mandate, but that is another story. Bitter experience with ID theft BIG time.

 

I know these companies wont respond to threats but issuing an N1 soon gets a response. I did this one mob and they pulled their horns in and corrected their so called mistake....

Link to post
Share on other sites

Thank you all for the advice, NatWest are being much more helpful after I sent them a letter complaining about the first contact I made with the fraud department as the person who I spoke to on the phone completely misled me. I also told them to cancel the card and that I do not authorise any payments from that account. They have sent me a declaration letter so I will sign that and see how it goes, frankly I suspect incompetence rather than genuine fraud on payday express part but they probably won’t admit it until the bank gets involved. It goes to show that if you stand up to them and don’t accept their attempts to fob you off you can get the banks to do something positive.

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

Link to post
Share on other sites

Guest Mrs Hobbit

It took me 18 months to get the Late Mr Hobbit's name off the bank account. Three death certifactes provided at local branch, so took myself into the City, made an appointment with the Head Sherang, 20 minutes later matters sorted and a letter of apology from the Bank. Local branch now very meiticulous where I am concerned.

 

One thing I have learnt from all the mes we were in, never trust what you are told over the phone, and make sure you go to the top and hit them hard, no matter who you are dealing with.

Link to post
Share on other sites

Just got a very nice letter from my bank refunding everything payday express took! it seems the banks will take action but you have to be inisistant that they treat it as fraud once they do they take swift action. Thank you MRs Hobbit and Jamie.

Currently Pursuing three credit card companies for PPI and charges.

 

Capital one: Sent the required SAR information late, currently working out my claim.

Egg: Sent the required SAR information on time, curently working out my claim.

Virgin/MBNA: Still waiting less than week left to copmly with SAR.

Link to post
Share on other sites

Guest Mrs Hobbit

I am so please you have success and the money has been refunded Goatan.

 

If anything like this happens in the future, you will know what to do.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...