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    • We purchased our Mercedes in September 2023 from Doves in Horsham for £21000, paying half cash and half on finance. We also purchased warranty for life via Ramp as recommended by Doves. On 12th May 2024 the car failed to recognise the key and wouldn’t not open, the AA could not identify the problem so via our warranty the car was taken to Mercedes in Croydon. After 3 weeks the problem was finally identified as water ingress in the drivers side footwell which has corroded and blown various components. After further investigation it was discovered the windscreen was date stamped 2019 (all the windows are 2018 - therefore not the factory fitted windscreen) The leak has developed due to incorrect sealant being used assuming when this was replaced and also water leaking from the seam. The warranty company do not cover water ingress so we are now faced with a bill of £3635. As we are now at 8 months since purchase (problem started at just over 7 months) we are not covered by the consumer rights acts. Would we be covered Sale of Goods Act? We have all the reports for the works being completed but unsure if this should be taken to the finance company or Doves who we purchased the car from. Do we pay for the works and then try and claim it back or should they be paying? Any help would be much appreciated
    • im also wondering if back billing applies here too . from looking at like threads around this SSE to ovo compulsory switch, it must be evidenced by the claimant that bills were regularly issued for the period of the supply the debt they claim covers. there are no threads here that show they could ever produce them, so back billing rules (12mts) might also play a part.
    • Vodafone have reported that they are having issues with their Credit File APIs into the Credit Reference Agencies where aged accounts over 6 years are being readded to Credit Files. In some instances, people are having defaults rescinded and changed to late payment status making the account live again!    --- Have you been affected? Please keep an eye out on your credit file for any  new Vodafone Account appearing where there shouldnt be any reason. If you are a Vodafone Customer - Check that the information is correct. check for Late Payments and Defaults.    Don't forget to consider the financial impacts this could have on you.  ---   If you are struggling - Post below and we can guide you to get the result you need!    Its been reported that Experian and TransUnion seem to be where these appear.  They are able to remove the information relatively quickly and it will reflect on next Credit File Refresh.         
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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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Gmac Redemption Charges - **WON**


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First of all let me help out with the illegal / unlawful issue... Illegal means "against or not authorized by law." Unlawful means "contrary to, prohibited, or unauthorized by law...while necessarily not implying the element of criminality, it is broad enough to include it." (Black's Law Dictionary) So, for example, you could unlawfully stay in your apartment after your lease is up (unlawful detainer) but that's not a crime against the state, it's a civil wrong (tort) against your landlord. If the landlord then took you to court and had you properly evicted, and you then returned to the premises, you might then be guilty of the crime of trespassing. Trespassing is illegal. So as you can see a penalty that is payable for exercising your right to change mortgage providers is unlawful as it CAN prevent you from exercising that right.

 

Secondly

 

CONGRATULATIONS ON THE WIN, ENJOY THE MONEY AND ALL THAT COMES WITH IT!!

Mrsfoot

 

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BLOODY BRILLIANT

Enjoy!!!

:D :D :D :D :D :D

Halifax 1

WON - £1,355.49 21/07/06

MINT

WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06

 

Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07

 

http://petitions.pm.gov.uk/redemptionfees/

Please sign this petition x

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A big WOO HOO!!!!

Congratulations, Well Done and enjoy.

I would be relishing the fact I had triumphed just as much as the cash.

Subject Access Request for Kensington sent:23/11/06

S.A.R - (Subject Access Request) for Clysdale sent on 24/01/07 which they lost, sent again on 04/04/07

 

AA Payed in full £85:00 15/07/06 woo hoo!!

King's Lyn Gym, £550 settled. Woo hoo my first win!

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Yayyyyyyyyyyyyyyyyyyyyy!

 

Great News that!!!

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Thanks for all your messages of congratulations.

No I didn't have to go to claim through the coyrts. I used The templates available and adapted it to my case.

I would never have done anything about it if I hadn't had your support.

Yippeeeeeeeeeeeeeeeeeeeee

Lainey

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  • 3 weeks later...

Just a thought...

 

A fair pre estimate of the loss incurred for an early redemption of a mortgage would be the difference between what the lender bought the money for and what they sell it on to the consumer for. (ie what they borrowed it for/the market rate as compared to the rate they lended it to you for.

 

It cannot be what the consumer would have paid back had they not redeemed their mortgage early.

 

The reason being is that once the borrower has paid theirr mortgage back(early) the lender has the money back and is of course then free to lend it again. The lenders have known for sometime that mortgage rates are at an historical low and can (and have) only creep/crept up. This puts the lender in the position that if they lend the money again (and they will of course) then they will only make more money out of it than they would have had the original consumer carried on borrowing it.

 

As they base their commerical decisions on market expectations and the markets have been expecting rates to rise since their low point in and around 2000/2001 they must have known (or at least expected) from that point that they would not make additional losses from early reapayments of mortgages (with or without redemption penalties.

 

This is why i assume they will not demonstrate that the charges a reflection of their actual loss.

 

i.e they are under a duty to the consumer to mitigate their losses.

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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Oh and congratulations, i wasn't even thinking of claiming back my ERC's, and just stumbled across this thread. I cannot wait to undertake this litigation now!!!!!!

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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