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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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      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.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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welcome finance please help going mad


smallcutie
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Hi there can anyone help me please. I have received a default notice to say i have forteen days to pay xxxxxx or my car will be repossessed.I have missed payments on a few occasions over last year or so.I contacted WF last month to set up an arrangement to pay my usual monthly amounts plus extra on top to go towards my arrears , a payment plan was set up and i was told that everything would be fine, and i have now recieved these letters to say im in default, i have contacted Welcome and explained i had set up a payment plan and gave them the name of the manager who had dealt with it, but they said i was tough i had 14 days to pay up or else, this is the case for both my car finance and loan, i have paid more than one third of my car already, i also dont understand what the ppi is for, as when i gave up my job last year due to husband being in the Forces and having to move they said i could not claim, so i told them i wonted to cancel ppi and was told i couldnt IS THIS THE CASE any help would be greatly appreciated, my husband is currently in Afganistan so i am having to try and sort it all out myself.

 

HELP WOULD BE MUCH APPRECIATED.

Edited by smallcutie
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you can reclaim the PPI and all the other charges i bet the have unlawfully fleeced you for

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Date of notice 03/04/2010

 

Between ********* and welcome finance

 

We refer to the above agreement .You are in breach as you have failed to make the contractual installments

 

To remedy thebreach you must pay to us the totalarrears of****** within 14 days.

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN before the date shown NO FURTHER ACTION WILL BE TAKEN

 

If you do not take action required by this notice before the date shown (what date ?) then the further action set out below may be taken against you

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First send them a CCA request to see if they are entitled to collect this debt & if it's enforceable. If they fail to provide it within 12 working days from receipt, or the CCA is unenforceable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Print in red optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

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When you get the agreement back can you get someone to scan it and post it up here along with the default notice? My gut feeling is that the default notice is defective but I would like to have a look at it to be certain, but by what you've said they haven't allowed for postal service + it is not date specific. ;)

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have taken pic but am useless at editting . Top of letter says

 

IMPORTANT YOU SHOULD READ THIS CAREFULLY

DEFAULT NOTICE

 

SERVED UNDER SECTION87(1) OF THE CONSUMER CREDIT ACT 1974

 

date of notice 03/04/10

 

No date to remedy by.

Edited by smallcutie
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Right, it's definitely defective and if they terminate the agreement they will have unlawfully rescinded the agreement and you will only be liable for the arrears not the full amount. Is this an HP agreement or a loan? If a loan they cannot repossess the car, if HP if you have paid a certain % they cannot repossess it either. Meanwhile send the CCA request in post #9.

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I've unapproved the attachments because it shows the amounts and can be traced if anyone from Welcome views. It is definitely defective so keep that document safe for future use & do not let Welcome know that it's defective. ;)

 

How many months of the HP have you paid & how long was the agreement for?

 

How old is the loan?

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i am shur the default note is definitely defective . there must give a date to when the arrears need to be fully paid by.

 

there cannot say within 14 days.

 

hope this helps

 

(cerberusalert will corfirm this soon)

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I've unapproved the attachments because it shows the amounts and can be traced if anyone from Welcome views.

 

How many months of the HP have you paid & how long was the agreement for?

 

How old is the loan?

 

you can post it up if you more all detales, amounts, money owned, names ect

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Have done my letter which i will send tomorrow do you know what address i should send it to i only have the address for customer relationship centre (lol)

 

Send it to them recorded delivery, they'll pass it to the relevant department.

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glad the troops came onboard cutie, just back in.

now you say the car was an 'upgrade'

i bet you got stung for PPI etc on that car too.

 

the more paperwork you post up, the more we can get back.

 

good luck

 

watching

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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