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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.

      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lloyds TSB


corny90
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Hi

 

This is my first post so not sure if this is the right place for this, if it isnt sorry.

My daughter is trying to get back a measly £120 i bank charges from LLoyds and they have told her in their reply to her

 

'I note that you have mentiond that you feel the charges levied are illegal and I assume that you are referring to the new guidleines on credit card default charges. The fees we charge for going overdrawn and for returned payments are not any kind of default penalty. They are a fixed standard prices for the service we provide'

 

Is this right?

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If they are talking about charges for unpaid DD's and charges for exceeding overdraft limits then that's just their way of trying to wriggle out of a claim. Have a read in the LloydsTSB part of the forum and prepare to enter into battle!

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  • 1 month later...

Hi

 

I have sent he first letter to Lloyds for my daughter and was told by LLoyds that I had misunderstood and the type of charges I was referring to were credit card charges ( she is claiming £344 on charges made to her current account) I sent the second letter and received a letter stating that they would not be making any refund and enclosing a leaflet on how to contact the ombudsman. Can anyone advice me of the next step. Cheers

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Hi

 

I have sent he first letter to Lloyds for my daughter and was told by LLoyds that I had misunderstood and the type of charges I was referring to were credit card charges ( she is claiming £344 on charges made to her current account) I sent the second letter and received a letter stating that they would not be making any refund and enclosing a leaflet on how to contact the ombudsman. Can anyone advice me of the next step. Cheers

 

Hi

Give them 14 days from when they received your letter then start the Court claim.

You should also start your own thread, then you can keep track of your progress and get any help you need.

Good lucK!

Barty :)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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  • 4 months later...

Hi received the same letter today even though we have been through the other letters requesting they cancel the charges. I have left the account with the charges as an outstanding amount so all I want them to do is cancel the account they wouldnt even ahve to send me any money. have now passed on case to ombudsman, figure started at £300 they are now sending me letters asking for over £600

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My daughter has been trying to get her charges back for months they have now given her 10 days to pay or they will start legal action against her. It started at £300 they have now added more and more charges on so its about double that now.

I queried some charges they were threatening to make to my account 5 weeks ago. After 1 week they replied saying it would take 4 weeks, tody they write again saying it will take a further 2 weeks. The charges are due out on MOnday so I rang the number on the letter to ask if these charges would be on hold until they got their act together. Unfortunately the number they have on their letter head for Birningham is a PRIVATE number and needless to say the occupant is not to pleased at getting all of these calls. After 45 minutes of searching I managed to get through to a lady who told me that the whole department has moved from Birmingham to Andover and gave me a number which is not even similar to that on the letter head. SO far it has been engaged since 11.20am. What a shambles

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  • 1 month later...

I have been offered £415 by Lloyds of a claim of £580 should I just accept or hold out. They are ringing me up to 40 times a day and I refuse to speak to them asking them to write to me instead. I have written and requested they stop ringing me but they ignored the letter. I ahve now resorted to unplugging the phone or just letting it ring. I am tempted to accept the offer and leave the remaining £165 just lying paying of a couple of quid a month to stop the harassement. But then would I be letting others down by bottling it?:???:

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I have been offered £415 by Lloyds of a claim of £580 should I just accept or hold out. They are ringing me up to 40 times a day and I refuse to speak to them asking them to write to me instead. I have written and requested they stop ringing me but they ignored the letter. I ahve now resorted to unplugging the phone or just letting it ring. I am tempted to accept the offer and leave the remaining £165 just lying paying of a couple of quid a month to stop the harassement. But then would I be letting others down by bottling it?:???:

 

Hi

 

Just out of interest. Have you happened to notice what the Tel No. is that is calling you. I have had about 10 calls a day for the past 3 weeks or so (picking them up from answer phone but no message left) from a 0800 number!!

 

Thanks Bev :)

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I sent the harrasement letter and they didnt respond to it. I sent the same letter to Barclays who did respond and didnt call for a few weeks and now call about twice a week. The acounts are my daughters I just do the leg work. Lloyds has a balance of -£580 all made up of charges the account isnt used and hasnt been since autumn last year. Barclays is -£800 ish again all charges and again not used since last autumn. Lloyds have their debt collection department ringing and when they were advised that the customer service people had said they were looking into it they siad they would continue to ring to ask for payment until the account was in credit. Which is why I figure if she lets them take £415 of the amount then the remainder can be left and she could put a couple of pounds in every week until they are happy. She is really scared of going to court.

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Surely as you are claiming the charges back the accounts are classed as 'being in dispute' so I do not see that they can ask for payments.

PPMAN159

 

If this comment has helped please click on the scales.

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Letters are received from their Solicitors demanding payment, they asked for £11 per month for 6 months, then the letter came from Customer recovery in Andover saying that they would repay £415 in full and final settlement, I dont know if this if they are still expecting the £11 per month or not. The solicitors ring and they know nothing about the £415 so I am at a loss what to do. I did contact the ombudsman and received a letter from them saying that their investigation will be complete in 1 month so I may just writ back to the bank and advice them that I am waiting to hear from the ombudsman.

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Hi

 

It is an 0800 number but I programmed the phone to come up saying lloyds so I could ignore them. Everyso oftenthey change numbers so I now just ignore all 0800 numbers.

 

Hi,

 

Clever move - I might try that one then! Never thought of that - doh!

Mind you - I'd like to try and catch one of the calls to see who it is first.

 

Good luck with your claim

Bev :) :)

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