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    • I would suggest also that you telephone the ombudsman tomorrow and ask them for details of the complaint that they have received from you and tell them that you want it in writing.  You will be amazed how scant The records of which are kept by these people. Read our customer services guide and at least actually give you some idea of how you should deal with customer service people or any call handlers on the telephone.  It is very important that you get a written summary of the report which you made to the ombudsman so that you can see exactly what they are investigating. The complaint to the ombudsman should have been very carefully considered over a period of time rather than simply made in a phone call
    • You should start putting everything in writing. Even the ombudsman, to begin a serious complaint by telephone is quite frankly crazy. I hope you have taken a copy of at least the advertisement that you have posted above.  I don't suppose that you kept a copy of the original AutoTrader advertisement.  How much in writing have you got of anything?    
    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • 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  
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    • 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
      • 161 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
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wijit v FD


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Hi, I'm just about to send my data protection act letter. I'm already extremely nervous about all this, but I'm more angry with myself for being nervous. After all, all I've done is be rubbish at handling my finances. I've struggled to fully understand all the advice in the FAQ, too. So what I'm doing is taking it one letter at a time hopefully not getting stuck.

Now, first of probably many questions which will doubtless have many heads shaking followed by manic "tutting"; do I need to prepare anything else wilst the first letter is in progress?

S.A.R - (Subject Access Request)-13th September 2006

Prelim-12th October 2006

Offer recieved-22nd October

LBA-27th October2006 (busy times in the wijit household!(hence the delay)

Full amount offered 03/11/06

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Guest BlueRuby

Stop beating yourself up :) and don't forget the banks have greatly contributed to you being "rubbish" at handling your finances. Now you've started the process of getting your money back, I think you'll find each new step easier and less nerve-wracking - and of course you've always got the CAG/BAG to turn to. ;)

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Thanks for the encouragement, friend. I have just received what I think must be a standard "we got your letter, don't want the cheque (good job really!:oops:) but we'll send you the statements soon".

I will keep you updated.

S.A.R - (Subject Access Request)-13th September 2006

Prelim-12th October 2006

Offer recieved-22nd October

LBA-27th October2006 (busy times in the wijit household!(hence the delay)

Full amount offered 03/11/06

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  • 3 weeks later...

Today I got the statements from September 2000. It looks like I've paid, and am still paying, £2000+ charges and interest. Now, do I send the letter demanding this money back or do I need to work out whether all this interest was directly due to the charges? If it's the latter, is there a straight forward method of doing this?

Manythanks again.

S.A.R - (Subject Access Request)-13th September 2006

Prelim-12th October 2006

Offer recieved-22nd October

LBA-27th October2006 (busy times in the wijit household!(hence the delay)

Full amount offered 03/11/06

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Personally i would not bother with the interest, i found it far too difficult to try and work out.

You can add the 8% interest if you need to submit a claim, so it might be better and simpler to leave it at this stage.

I love the smell of banks coughing up refunds first thing in the morning.

 

HSBC, they tried they failed, they coughed up in full

To all the others beware i am heading your way next.

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Thanks very much r/Ms Bloggs. Thats actualy the answer to the next question. What I meant this time was the interest FD have charged me. There is interest which was charged on or around the time of the other charges, but there is also interest in between, or when it was in authorised O/D.

S.A.R - (Subject Access Request)-13th September 2006

Prelim-12th October 2006

Offer recieved-22nd October

LBA-27th October2006 (busy times in the wijit household!(hence the delay)

Full amount offered 03/11/06

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  • 2 weeks later...

I got a reply to my reques for a refund of my charges. Although it is hand signed, it reads fairly standard to me (they must be well in practice now!:p) It is from Lucie Powell and says they will "reply shortly, certainly within the next 10 working days"

I presume I stick to my own timings, as FD are running the risk of replying after my 14 day deadline?

Any further advice on how it goes from here and if I need to be preparing anything else just yet will be greatly appreciated.

S.A.R - (Subject Access Request)-13th September 2006

Prelim-12th October 2006

Offer recieved-22nd October

LBA-27th October2006 (busy times in the wijit household!(hence the delay)

Full amount offered 03/11/06

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Nice, yet standard looking letter offering £1719 as ful and final. Very nice and I of course will accept as partial payment. Do I send the LBA next, just the thanks but I'm chasing the rest or both in one letter?

Oh, and while I'm here, on my next letter, can I add on the charges (not yet included) which I will get in November or do I have to go through the full thing again?

Ooh, it nice to get closer to that "donate" button!!:)

S.A.R - (Subject Access Request)-13th September 2006

Prelim-12th October 2006

Offer recieved-22nd October

LBA-27th October2006 (busy times in the wijit household!(hence the delay)

Full amount offered 03/11/06

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I got a reply to my reques for a refund of my charges. Although it is hand signed, it reads fairly standard to me (they must be well in practice now!:p) It is from Lucie Powell and says they will "reply shortly, certainly within the next 10 working days"

I presume I stick to my own timings, as FD are running the risk of replying after my 14 day deadline?

Any further advice on how it goes from here and if I need to be preparing anything else just yet will be greatly appreciated.

Exactly what I got. They did reply, more or less within 10 days, saying that in their view the charges weren't penalties, I should see my Ts&Cs, and stating that the next level of complaint was their customer services director and then the banking ombusdman - as if it's for them to tell me who to complain to !! Anyhow I put the Letter Before Action in the post, recorded delivery today.

If I were you I'd get your LBA ready, you need to include another copy of the spreadsheet, or whatever you used to calculate the charges, and get ready to post it the day you get the reply.

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Sent off my LBA, using the same letter to accept the offer only as part repayment and telling them Ill be chasing for the remaining £301.

Can anyone advise if there is anything else I need to be doing in the meantime, ie; in relation to going to moneyclaim or prepping for court?

S.A.R - (Subject Access Request)-13th September 2006

Prelim-12th October 2006

Offer recieved-22nd October

LBA-27th October2006 (busy times in the wijit household!(hence the delay)

Full amount offered 03/11/06

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Got a letter today from Deborah Malins. Exactly the same as the first offer one but this time offering the full amount.

A thousand thanks to those on here who helped, I shall donate as soon as the money is credited and I shall also be making a donation to Childline (my son is the most important thing in my life, it's not like that for all children).

If I can help anyone else please post here, pm anything.

S.A.R - (Subject Access Request)-13th September 2006

Prelim-12th October 2006

Offer recieved-22nd October

LBA-27th October2006 (busy times in the wijit household!(hence the delay)

Full amount offered 03/11/06

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