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    • Good morning.    I would like some advice please.    I recently (19th nov) bought a Samsung Galaxy S20+ from currys. I did open and set up the phone to try it out but 1) wasn’t keen on it and 2) had trouble with the usb connection when trying to connect with my car stereo.   I decided that I would seek to return it, but only on trying to return it came across the stipulation that if data/software has been installed then a refund would not be issued and after calling was told this was due to GDPR. I did point out to them that phone providers will issue full refunds even if the phone has been set-up and also that in order to be able to test the phone it requires setting up and software/data being installed but was told that it’s their policy.   I acknowledge that I may have handled it more than is reasonable in a shop as you wouldn’t be able to install software in a store, however the phone did need to be set up in order to test it, the phone has been returned back to factory settings and didn’t leave a case or the plastic film for the two days I used it for. Therefore I do not believe it was handled more than necessary.   Having looked at the CCR and CRA I called back to state that their store policy is super erred by the previously mentioned regulations and that their policy contradicts the Consumer Regulations Act.   As you cannot properly test the phone without having to install software on it, their policy creates an unfair term which I told the customer service agent over the phone who spoke to her manager and told me to contact their legal department.   I am still within the 14 day notice of return period so wish to try and preferable use this route.   Any advice at all please?
    • Here is all the details (hopefully) in one post.   The Ford Kuga was purchased from Fast Motor Finance LTD Crawley on 8th September 20 Mileage at purchase was 109520 through HP fiancé via Advance Finance Grimsby   The car was covered by a 6 month warranty that includes engine & gearbox but excludes clutches, flywheels or any wear & tear (Taken from the garages website)    Service History:   08-04-2013 Pre-delivery Inspection 26-11-2013 12809 Service (no paperwork just stamped book) 09-07-2014 25963 Service (no paperwork just stamped book) 09-02-2015 36814 Service (first Invoiced service but no paperwork just stamped book). Gearbox service would of probably been done here but can't verify. 16-02-2016 50385 Service  (Full service, paperwork and stamped book) 31-03-2017 64680 Service (Full Service, paperwork & stamped book) 13-02-2018 76988 Service ( Full service with gearbox service, paperwork & book stamp) 29-03-2019 92592 Service (Full service with paperwork & book stamp) 11-02-2020 106322 Service (Basic Service, no paperwork but book stamp)   As there was no paperwork for last service the garage which serviced the car were able to email over that the service was a basic oil & water change and that the gearbox oil and filters was not changed.   At the beginning of November the gearbox started making some noise and was having trouble selecting gear.   The finance company  asked for the car to be taken to a VAT registered garage to find out what the problem was and not to drive it further.   After the garage looked at the car the estimate was for a full service of the gearbox which would be £370 but because it had gone over Ford recommended mileage for the gearbox there would be no guarantee this would clear the problem and that would mean a replacement gearbox would be needed.   Since picking the car up in September the car has driven 1500 miles.   Spoke to the garage as was informed that the car was over 30 days old and there was nothing they could do and the gearbox would not be covered by the warranty as this would be normal wear and tear!   The warranty company said exactly the same and would not entertain us.   After countless calls and emails to Advantage finance a formal complaint was raised and they finally agreed to send one of their mechanics to inspect the car last week 19th November. The mechanics ahs reported back to Advantage that the noise is down to wear and tear and Advantage have closed the complaint and are sending out a deadlock letter that includes a copy of the mechanics report.   Would their mechanic have to be DEKRA registered to complete the report or Advance Finance own mechanic?   This now means that the car cannot be driven is still at the garage and will need a minimum of £370 to make it driveable on a car that has been driven 1500 miles since collection without a guarantee that this will cure the problem.   We are both key workers that need the car to travel to and from work as well as take our son to nursery, and at the moment having to rely of friends and family to help out with lifts.   I have spoken to Ford and they have told me these car need to have the gearbox serviced at around 35k and at a very maximum of 37.5k and have put this on letterheaded paper, I have also emailed a couple of other Ford and independent dealers to get details of this as well.   Would it be worth getting an AA or RAC inspection done to check the gearbox and to see if there is any other problems with the car.   Thanks again to everyone epically dx & Bank fodder who have helped me with advice.   JJ    
    • nothing they can do anyway so..   dx
    • I've successfully had a Claim discontinued using the exact stages recommended by Andy and DX. They are outstanding individuals in the fight against these dreadful DCA's! Good luck.   'L' will likely pull out at the eleventh hour but mean time try to fob you off with bank giro slip copies as Contract proof lol. Stand your ground!   Also my Letter Before Action actually came AFTER the  Money claim. They can't even get the pre-action protocol right.   Another thing they tried was pretending to send papers that looked like they were from the court for me to sign re: Claims Track.. Boxes had been pre-checked by them to dupe me into signing their preferred action. I printed out my own and sent those to the court instead. 
    • Talks about borrowing £30m have reportedly failed, potentially putting 15,000 jobs at risk. View the full article
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Realistically what are the chances


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Last year I sold my house paid a ridiculous settlement to Swift and rid myself of any debt I had.

 

While this has been a great weight off our shoulders and left us with some money behind us to buy again in a couple of years, I can't get rid of that feeling of injustice.

We fell into arrears and the charges being applied were exhorbitant, to say the least.

 

As a secured loan ( initial mortgage with NR ) what are the chances of realistically getting anything back from this bunch of crooks.

 

I seriously don't know whether to just draw a line under it and move on with the rest of my life, or try and nail this mob, and to stop them doing it to others.

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Yes sweetjane, it was a second charge loan.

Off the top of my head, I think it was for around 9,000 over 5 years which we paid minus the arrears (which was just about 3 months ) for just about the whole 5 years. Then the settlement which was still about 8,000.

Every time we were in arrears, we always made it back up.

 

So without the paperwork, we roughly paid back 23,000.

It might be worse, I'll have to look out the paperwork.

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Hi DMC65

 

When you have the paperwork check whether PPI was part of the loan. You can certainly claim for that. You will have to make a complaint to the broker who sold that originally. If they don't respond, go to the FOS with a complaint. If the broker has gone out of business the complaint will be forwarded to the FSCS (Financial Services Compensation Scheme). If you had unfair charges added to your loan, you can go to Swift and complain - ask for anything over a monthly arrears management charge to be redressed together with the contractual interest and 8% compensation. If they do not redress - go to the FOS. We made 3 complaints to the FOS - one regarding PPI against the broker (redressed by FSCS) one regarding unfair charges (redressed by Swift) and one regarding the Insurance company which had failed to cancel the PPI policy when asked (they had to stump up the balance of PPI not covered by FSCS which covers 95% pver £2k). So ultimately DMC65 the chances are good in my opinion. We had nearly £8k redressed in all. This doesn't of course cover the excessive interest, high litigation costs and unfair final settlement calculations but it's a start!

 

This does all take time so you need to be patient. Some people prefer to go to court to reclaim charges but the problem with that is that if you lose (Swift engage some very expensive barristers) the costs plus compound interest get added to your loan (if it is still outstanding). I certainly wouldn't go to a claims company to get the PPI back - you'll end up giving them a big percentage.

 

Good luck - get those documents out. SJ

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