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    • Particulars of claim please :   Frustration of Contract and Unfair terms in relation to a request of the refund monies paid when no service provided for wedding event on 23/05/2020 as agreed or at any later date up to date of claim or thereafter. 1.       On 01/04/2019 we confirmed our booking for 23/05/2020 for 350 guests. Please refer to document titled “Wedding Reception Contract”.  There were no terms and conditions attached nor were they provided to us.  2.       We were pressured into make a full payment of £7,700 to secure the date for 23/05/2020, as the dates would not be guaranteed without a full payment.  Full payment was made on 02/04/2019. 3.       On 15/12/2019 we contacted the Events Manager who informed us that she was no longer employed by Goosedale Limited. 4.       We made a number of calls but none of these were returned.  We finally made contact with Mrs F on 13/01/2020 to explain that we understand our Events Manager has left and who would be the new Events Manager.  5.       An on-site appointment was made on 20/01/2020 at Goosedale, together with our wedding catering provider but this was double booked and we were seen by the admin officer who had limited information as our wedding plans. 6.       On 20/01/2020 after the on-site appointment the new Events Manager, Mr xxxx contacted us he would be the duty manager on the wedding day.  7.       On 21/01/2020 Mr xxxxx sent us the catering pack. 8.       On 29/02/2020 we had an on-site meeting with Mr Nick Singh at 10am. 9.       On 05/03/2020 Mr xxxxx sent us a summary of the on-site discussion. 10.   On 20/03/2020 we emailed Goosedale Limited requesting an update for alternative dates or refunds following Government Guidelines regarding COVID-19.  Mr xxxx responded that Goosedale Limited would be postponing events booked for April and May 2020.  Alternative dates were the only option and no refunds were available. 11.   We provided alternative dates none of which were available for Goosedale Limited. They confirmed they had no availability for July 2020 and August 2020 in any of their rooms within their venue.    12.   On 23/03/2020 we requested a full refund as the original wedding date for 23/05/2020 could not go ahead. Mr xxxx confirmed that Goosedale Limited would not be issuing full refunds and attached the Terms and Conditions.  This was the first time we had seen this document. Following his refusal to return the full refund, we offered Goosedale Limited to hold onto out deposit and return the rest of our money until the matter was resolved. 13.   In the absence of a response from Mr xxxx, we further emailed him on 26/03/2020 and requested an update. On 27/03/2020, Mr Nick Singh offered us 18/07/2020 for 350 guests which we agreed and received another booking confirmation on 30/03/2020. 14.   Due to rise in COVID-19 and the uncertainty with events going ahead in July 2020, on 17/04/2020 we secured an alternative date for 350 guests to take place on 08/10/2020 in line with the original booking. Unfortunately, we have not received a booking confirmation for this event. 15.   Wedding venues remained closed until 15/08/2020 and now allow for 30 sit-down guests only. 16.   Goosedale Limited have advised us that weekend bookings require a higher payment, however despite 08/10/2020 falling on a weekday, we were not offered a price reduction. 17.   No further communication was received from 17/04/2020 until an email on 03/09/2020, with a letter attached requested a further “£250 security bond for the event on 08/10/2020”. 18.   On 04/09/2020, we wrote to Goosedale Limited requesting a full refund.  A Letter before court action was issued giving Goosedale Limited 14 days to refund the money. 19.   They received the Letter before Court action on 6/09/2020 in which the request for a refund in full was made, this was sent by recorded delivery which was logged as Received by them and documented the facts to claim a full refund. 20.   We have received no communication to the Letter before Court action and have incurred costs up to that date, in trying to resolve the matter.  Goosedale Limited have remained silent on the matter and have no disregard about how this has affected us financially 21.   We have been subject to unfair practices under the Consumer Rights Act 2015 as Goosedale Ltd have refused a refund “stating no refunds available under any circumstances”. 22.   The CMA issues guidelines on 28 August 2020 (attached) which confirmed that the Contract has become frustrated, and the Terms No Refund are not legal terms to be imposed on customers, who have to cancel due to the COVID. 23.   We have tried to be reasonable under the Circumstances including working with the Venue to rearrange dates right up to August 2020 however it has become clear that, the venue can not provide the service we have paid for since 23 May 2020, and they have unreasonably held on to our funds, without providing any service under the Contract. 24.   We have no additional contracts with the Venue and they have imposed terms which deny a refund, despite informing them in the Letter before action that we  request a refund of the full amount, this now includes interest from the day the Service was not provided up to the date of Trial, as we have been reasonable throughout the conduct of this matter. 25.   We have now had to face additional charges and costs which we will ask the Court to award at the Hearing, we can confirm that we have attempted to resolve this matter amicably since March 2020, but have been met with a blank excuse to deny a refund. 26.   The current Government guidelines highlight that wedding ceremonies allows for up to 30 guests at a sit-down wedding reception which came into effect from 15/08/2020. As detailed above, our current contract and payment has been for 350 people. Goosedale Limited are not in a position to provide this service. Legislation : We have made Goosdale aware of the legislation we will be relying on below, again we have waited for a response and this has not been forthcoming. GOV.UK – Competition & Markets Authority Guidance – Statement on coronavirus (COVID-19), consumer contracts, cancellations and refunds dated 28/08/2020. https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds The Consumer Rights Act 2015 Unfair Terms https://www.legislation.gov.uk/uksi/1999/2083/contents/made The Consumer Contracts Regulations 2014 https://www.legislation.gov.uk/uksi/2013/3134/made
    • can you pop all those into one multipage PDF please so we can Zoom and not have to take all day to download single page files. read upload carefully  
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
    • POC   1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   2' The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded.   3.As at -/-09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281.   4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter.   5.And the Claimant claims- 1. 397281 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/09/2019 to -/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010   Try this: from my files...   Defence  1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date XXXXX a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi folks, it's been a while but I'm back as I thought I would be. I didn't know where to post this as my original thread is now closed so sorry if I'm in the wrong place 🐵   BW Legal are at it again and after me. https://www.consumeractiongroup.co.uk/profile/393677-ncp-hater/content/ Here's the latest episode. This looks a bit more official. do I need to appeal to "them!!!!" 🤬 ????   Judge and jury ggrrr  !!   Many thanks  !!!
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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
      I have got an email saying that if Evans sent the refund they would accept it
      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
      • 29 replies

backed into corner by dealer refusing to pay for repairs......HELP!!!


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Hi all, please could you help me.

 

On the 27th October I purchased a Peugeot 407 1.6 HDi from a local independent dealer. The car was in lovely condiditon and had very good near perfect main dealer history.

 

I had not even got the car home when the engine management light came on and the computer said "depollution system faulty." I took it straight back to the garage and they had a look at it and declared that they were unable to fully diagnose the fault and that it would need a Peugeot garage to look into it.

 

They paid for an hour and will be having to oay for another hours worth of labour to fully diagnose the fault which basically boils down to a fault with air flow and the turbo charger.

 

The car came with platinum RAC warranty which only cover £40.00 +vat /hour for labour which is half of what Peugeot charge, the garage that the Warranty company pointed me to saif the problemm was too specialist for them to deal with and the local diesel specialist is charging more than the warranty will cover.

 

The dealer who soled me the car has flatly refused to "put his hand in his pocket" any more as he know full well how much a new turbo will cost. Thw warrantry company has also said they do not cover faults with the turbo if it is due to carbon build up.

 

The dealer just wants to give me my money back which I dont really want as its such a nice car apart from the current faults. If the warranty wont pay up and the dealer is refusing to fund repairs, what can i do? Can the law force him to fund the repairs?

 

Please help wise folk!

 

Thanks.

 

Lud.

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Well the warranty is irrelevant for a start as you have only had the car a few days! Your claim lies fairly and squarely with the seller.

 

Under SOGA, the seller should have the opportunity to rectify any faults which develop within the first 6 months of purchase. If the seller refuses you can either have the repairs done and send him the bill or reject the car and demand a full refund. As you wish to keep the car I suggest you write to the seller formally to request that he arranges the repairs at no cost to you. State in the letter that if he refuses, you reserve the right under the SOGA to have the repairs done yourself in which case you will be sending him the bill. Give him 7 days to respond and send the letter by recorded delivery.

 

Let us know if and when you get a response.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Sailor sam i thought with used cars its up to the seller whether they refund or repair? could be wrong of course

 

Actually I think that you are right. If the seller chooses not to repair but offers a full refund, I believe that he would satisfy the SOGA. But as the OP wishes to keep the car, he may as well send the first letter in any event because the seller will have to respond accordingly and the correspondence will be necessary to show in court should the seller play silly buggers further down the line.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Thanks sailor sam it was at the back of my mind!, personal thoughts here try not to get too heavy handed with the seller, they are being reasonable by offereing you a full refund on the car and could simply become awkward or drag things out if you wind them up

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Problem is, its otherwise a really nice car, immaculate condition inside and has had full main dealer service history.

 

Ive looked all over the place for a diesel estate in good condition that I can afford and does not mean travelling across the country to look at etc.

 

I have not long been through a similar problem with a garage whereby I had to tell them to take the car back and give me a refund. i was delighted when I found this one and it will be such a shame if I have to start from scratch.

 

If the law is on my side with them having to pay for repairs then hopefully that will be the best way to go.

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The problem is the seller has the choice to either refund you and have the car back or to repair it, if they want to take the car back rather than repair there is not a lot you can do about that, if you really want to keep the car try as people have suggested in your other thread or find someone who can diagnose the problem with the car then knowing exactly what the fault is and the cost to repair try and work something out with the seller, they may be willing to have it repaired (rather than refund) if its a simple issue

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CCCCCRRRRRAAAAAAZZZZYYYYYYY! Spoke to the dealer and advised him that it was a non warranty item that would costs £232 to repair, a small percentage of the value of the car hence I requested he pay for the full amount. He replied "I dont see why I should have to dip my hand in my pocket" to which I replied "well neither do I. " He then said, "to be honest, £4500 is nothing to me to I am quite happy to give your money back" to which I replied, "if £4500 is nothing to you, then you should have no problem funding the fault with the car you sold me" After a few words exchanged, I said "look, we are going round in circles here, I stated that either I expected him to pay for the repair or I would pay it and then pursue him via a small claims court hearing in order to get my money back. He then turned into a freak and started ranting and raving at me saying, "god, your making me swear and pace around, do you do this to everyone you talk to, argh, its made me really angry, I cat belive your making me like this."

 

I was confused by this as all I had done was point out my statutory rights and suggested a couple of options. He then said, "right, ill pay for this repair but thats it, I dont want to hear from you again, no more. You making me mad, and if you carry on, ill take YOU to court." I tried to ask him what he wanted to take me to court for but I never did get a answer to that one.

 

What is wrong with some people!

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I am not sure where my posts have gone but this is a common problem with the DPF or Diesel Particule Filter. All the car needs is a good rev on a motorway for about 20 minutes to clear the fault. The fault only manifests it self because the car has been driven on a number of short journeys. A search on Google on DPF will bring up thousands of hits on this problem as it is common across all cars with diesel engines thanks to EU regulations. The fault is akin to have a dirty air filter and washing the air filter. in the case of the DPF the soot is burned off as the higher revs make the engine hotter. Instead of using 5th gear keep it in 4th gear for 20 minutes travelling at about 70mph. In effect thsi in my opinion is a "forced" design fault on diesel engines!

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Hello Surfer, reference your post "9". You claim that DPF problems are widely known, but this information, and that of FAP systems, are not being brought to the attention of Punters by car salesmen. Some of us buy diesels for reasons other than fuel economy, and are not advised at time of purchase that these modern diesels are not suitable for sustained short journeys. Traditionally, most people buying diesels know that they need a "Turin Tune Up " occassionally, but are unaware of the dire consequenses of not doing so on modern cars.

What is your opinion of this situation, and who's responsiability is it to inform the car buying public about this potential problem?

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Under the SOGA this is basically an inherent fault and the only way around it would be for some one to challenge it in court. I raised the question on the peugeot and Qashqai forums and both were in agreement with my thoughts. I don't understand why the consumer should be paying to rectify an inherent design fault. Once more people become aware of this problem, the value of second hand diesels vehicles will plummet. It will only be worth getting a diesel if you can afford it brand new and if it is on lease.

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Thanks for your views Surfer. IMO, as many of us as possible should write our MP's describing this situation and DEMAND that action is taken to alert the car buying public---especially those buying used cars, who presumably can't afford new cars every 3 years or so. The ones least able to afford it are the ones most likely to be faced with these huge bills---same as VAG customers with this Teves MK60 brake module.(£1500 parts and labour)

It would be most effective if we knew which MP's don't agree with these ludicrous EU regs on emmissions.

Under CPUTR 2008, it is an offence NOT to mention anything which might influence a decision to buy, but Trading Standards shy away from doing their duty under section 3 sub 6&7 of these regs.

At present, i am going through the TS complaints proceedure as my local TS failed to take action when i informed them about breaches of the CPUTR .

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