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    • it is not the only way to proceed and IMHO the wrong claim to raise, should you wish to raise one in an english court   if you really do want to raise the claim under consumer rights issues, i suggest you have a chat with TS again first and ask them if this is a good idea?   the pre contract info doesn't exist nor is applicable because you nor he ever entered into any contract covered by any consumer rights. he illegally sold you, a member of joe public, a car using a strictly traders only method.   i would hope TS point out the above and p'haps suggest you raise a different claim possibly encompassing this mis-sale and that you had no knowledge what he had ultimately done is illegal, nor that you ever agreed to do it anyway, as you now realise as a member of joe public, not a trader, you couldn't. you might even find TS will help, support and be involved with you in court regarding this too.   as it stands with cards on the table, he is under no obligation to pay for collection of the vehicle, you don't want to risk returning the car and never getting your moneyback - it's a stalemate where he is smiling still until you raise the correct claim.   although you have issued , 2 is it now, court warnings, it might be better to finally issue one correctly stating what you are going to do, then he might realise the penny has finally dropped and the game is up. there would be no harm in stating that to avoid such actions, should you pay me back by bank transfer the sum of the car and my initial transportation cost of xxxx, making £xxx in total by xxxxx date, i will not raise the claim.   The situation would then be far more serious for him and he might capitulate, inc refunding transportation costs, in the want of not being exposed in court, as there are numerous well publicised court cases whereby by traders have been hammered hard for pulling doing this scam on joe public.   another advantage of doing the above is you might get to keep the car for free, get all your moneyback.            
    • Hey guys came across this site today wow how great is this :) anyway.  here is my story    Car found on autotrader  £1800 merc  mot  vgc blah blah and stated had recon / gearbox fitted  / spoke to the garage selling the car and asked if they would take my faulty bmw in px it had issues which were explained to the garage  he said £900 cash and my car ok deal done  i drove to manchester in my car the owner was all chat and praise for the car he was selling and told me how it dropped its oil from the gearbox and how they fitted a new gear box so i thought ok im all good to go  deal done drove home  its now 3 weeks later and the transmission has failed :(   green flag recovery   i tel the garage this morning after looking into my rights  and explained the situation the person i spoke was  trying to say its was his dads car and basicly tuff luck buddy we aint helping u and telling me about the problems he fixed on my old car rather than help me with the current problem  the call ended as was in mid speak  when he just hung up on me :(  i text to explain thats no way to treat a customer  i have now written the standard letter as i found a template elsewhere  giving them 14 days to respond  I would like a little help with a follow up letter or my route to action after 14 days  as i dont think ill be getting a reply from them  regards patrick     
    • Can anybody advise me please?   Been living in rented accommodation for over 11 years, old landlord who leased property with his shop has now left and so agents have become my new landlords, so gave me a new contract.   I'm really nervous as not sure what my rights are and could I get evicted as new contract says short term, 6 months.
    • It's the only way to proceed, he has to prove irrevocably that he gave me that information, and agreed to it, which he cannot do because it doesn't exist. Not only that, he sent me a trade sales invoice, other than that you're pretty spot on.
    • Sorry - need to put my glasses on!   I think you and the other posters have been at cross-purposes because they haven't followed what you are trying to argue.  You aren't arguing a fault etc with the car, you simply want to cancel it as a distance sale, and because the vendor did not provide the necessary cancellation information pre-contract in a durable medium, you are saying that you therefore have 12 months plus 14 days to cancel AND that the vendor has to pay the collection/recovery costs.   Although I understand that argument, I don't know if that's the best way to proceed or not.   I suspect not many people have tried to argue it with second-hand cars.  And that might be, for some reason I don't know, that it's a non-starter or it's too risky.
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
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      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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Afternoon all,

 

Ill try to make this as simple as possible in the hope that someone might be able to help.

 

My Orange contract was about to expire and to cancel the contract I had to do so in writing, sadly I failed to sign this letter. Orange wrote back to me saying they needed the letter signing for their records. I signed and sent immediately. I didn’t here anything back so thought this was the end of the matter. This was all done well within the last month of the contract.

 

All of a sudden I started receiving invoices and statements claiming monies, no break down, just amounts. Then Orange started to call me a couple of times a day but none of their call centre staff could help regarding my query, they just wanted money!

 

I wrote to Orange whilst these calls continued but heard nothing back, I sent further recorded letters (complaints) to customers services, and heard nothing back. I’ve contact orange 4 times now via recorded mail, they haven’t once contacted me regarding my query.

 

At this stage, the so called debt has been passed onto NCO Europe Ltd, let me tell you, these boys are real cowboys, they call endlessly, and they’re aggressive and very unprofessional, why Orange would use such a bunch. Anyhow, I complained to NCO Europe, requested they no longer contact me via phone but they still do, they send me various letters with 72 hour notice before.....and other pointless threats of how they'll be round to visit.

 

I really don’t know what to do, Orange won’t reply to me, NCO keep harassing me.

My partner says I should sue them for harrassment but Im really unsure.

 

Can anyone help?

 

Tizzy.

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I fear that you have not realized the worst... Have you checked your credit report? Mobile companies can damage your credit file as much as a CCJ depending on the search criteria!

 

Now, to deal with this, 1st the DCA, Send them this letter http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute but miss out the paragraphs referring to the CCA (that is for disputed debts from financial firms)

 

OK then to the crux of the problem Orange. All telecoms suppliers that deal with the public have to adhere to a "Code of practice" which gives you an outline of how to complain.

This is the Orange Code of practice http://www1.orange.co.uk/documents/regulatory_affairs/orange-consumer-codes-of-practice(v1.7).pdf

 

The interesting bits for yourself are :-

complaint handling process

If you want to make a complaint, firstly you should

contact customer services using the details in the

contact section at the back of this booklet and speak

to us to discuss any problems you may have. In

most cases your query will be answered immediately.

If you have an issue which is not resolved then

you will have the option to discuss the issue with a

Customer Service Team Leader and if still unresolved

a Customer Service Manager.

alternative dispute resolution procedure

If after contacting us we have not resolved your

complaint to your satisfaction within 8 weeks, or if

you have received a letter from us saying that your

complaint has reached “deadlock”, you may make

a complaint through CISAS. CISAS will not consider

any complaint until one of the conditions for referral

has been met. CISAS is an independent alternative

dispute resolution scheme which has been approved

by Ofcom.

Details of the service are available by contacting Orange

customer services or CISAS at the following address.

Communication and Internet Services Adjudication

Scheme (CISAS)

The Chartered Institute of Arbitrators

24 Angel Gate

City Road

London

EC1V 2PT

Tel: 020 7520 3827 Fax: 020 7520 3829

E-mail: info@cisas.org.uk

website: arbitrators.org/cisas

Alternatively, your local Citizens’ Advice Bureau or Trading

Standards office may be able to help – please contact

them directly.

Hope that helps :)

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

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Ok, so I emailed the Orange Response team on this website and can I say, what a useless task that was. They couldnt help and just gave me the same usless information asking I call customer servies. Ive written to them several times and theyve not replied.

 

Just dont know what to do.

 

Liz.

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Write to them here:

 

St James Court,

Great Park Road,

Almondsbury Park,

Bradley Stoke,

Bristol

BS32 4QJ

 

Tell them what they have done wrong, I'd also suggest that there is no need for a signature on a letter, as they can confirm you are who you say you are by giving them your details. Tell them what you would accept as settlement (xxx money returned and your credit file fixing? Something along them lines.) or as your cokmplaint is over 8 weeks old (I'm assuming there :p) you will escalate the complaint to CISAS.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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