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    • 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? 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
    • 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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    • 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.

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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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MBNA reduces serious PPI complaints to a parlour game - are they behaving illegally?


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MBNA

 

I'm in the middle of a PPI claim (have been self-employed since 1995 but discovered I've been paying PPI on my credit card since I took out the card in 2003). Today, I had the most annoying letter, from MBNA, saying the following:

 

'You may recall that we recently wrote to you and requested that you complete and return a questionnaire to provide further information in relation to your PPI complaint. To date we have not received your questionnaire.

I have completed a review of the account based on the information we currently hold and am unable to uphold your complaint or issue a refund on the premiums you paid.

This is our final response to your complaint. If you remain dissatisfied you now have the right to refer your complaint to the Financial Ombudsman, which you must do within 6 months o the date of this letter. For more information about how to do this, please read the enclose Financial Ombudsman's leaflet. Their address is as follow:

 

[FO address]

Yours sincerely

Rachel Nixon'

 

This letter is astonishing and annoying as:

 

1) There is no telephone number to call them up about this letter.

 

2) In early-Jan, I started a PPI complaint against MNBA. I called them for some basic info and said I'd send them a filled out copy of a PPI form (which I found online via a BBC site). They said not to bother as they would fill one out for me. The inference was that this was a 'service', that they would speed up proceedings as they had all the facts and figures to hand. Stupidly, I trusted them. I actually waited around 10 days for the form to appear and all that was on it was my name and surname. No other data. So they had simply slowed the process down by ten days.

 

3) With the form was a letter, demanding that I fill out the form within 21 days, or the matter would be closed. I don't ever recall entering into a contract with MBNA saying I had to jump to their timetable. This was especially rich as they had wasted 10 days - and had, in fact, sent a follow-up letter, apologising for *their* delay in sending out necessary information. When the apology came, I assumed something else would be arriving in the post from them - it didn't.

 

4) As I was busy with work at the end of Jan, it wasn't until around the 20-day mark that I was able to get down to the form. I actually called them, first of all, for some data (the start date of my credit card contract). At that point, they had every opportunity to say the case was closed, due to some strange time limit they'd imposed without my permission. They did not.

 

5) I spent the best part of a working day looking through the questions on the form, then posted it to them.

 

6) On 23 January, I received the above letter, dated 15 January (when did post ever take that long to arrive?).

 

...I have never, in my life, come across what feels like such a blatant attempt to renege on responsibilities. This, coupled with a lack of reply address, gives me an even lower opinion of MBNA and their insurance companies. Am I within my rights to go back to them? I don't want to go to the FOS - I'm a busy person and would like a speedy resolution to this matter (I estimate MBNA owe me within the region of £4000. However, if there is no other option but to go to the FOS, is there anything I can say to the FOS about these frankly dodgy practices?

 

Brenda

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Sadly this is happening with ALL the banks.

 

You can of course reject the decision made by MBNA - if you want to do this, then I suggest you download the complaint form from the FOS website, complete it and return it to Ms Nixon and ask her to stop pussyfooting around and investigate your claim with due dligence. Perhaps head your accompanying letter with the heading OFFICIAL COMPLAINT.

 

Other than that you have 2 choices - FOS which is usually a long winded process or issuing your own claim through the courts.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If you read the interpretive calculations thread below sadly I think you could be in for the long haul and will be much much more angry at the end of this than when you started.

 

Your only way to get back from them what they owe is patience and a dont give up attitude. They are counting on you being busy and not putting the effort in. Its what they do.

 

FSA and FOS quite frankly need spoon feeding. They will believe the bank always over you. They are part of the establishment as is the bank.

 

I have been at this since last summer and its progressing slowly. I got the uphold as have many others. If you get the right redress is another matter entirely.

 

Hope this post isnt too negative. Just they want you to get miffed off and give up. They are upsetting you and winning. Cup of coffee time and mental note to oneself the way to get even and hurt them is by winning your claim by fair or foul.

 

You are at the start of a process that could take two years or more to resolve. They are playing on joe publics short attention span.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?372400-MBNA-PPI-Award-“Interpretative”-Calculations&highlight=interpretive+calculations

 

Ken, I think you left this link out of your thread - it does indeed make for an interesting read !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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