Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Wonga cleared bank account!

mad rat woman
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4005 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

mad rat woman

mad rat woman

Posted
Posted

My son got himself in debt with wonga and had agreed a repayment programme with them of £40 per month. He thought the arrangement was set for the end of every month and had been paying since November, This month they tried to take the money on the 25th and the money was not in there, pay day is the last friday of every month so the cash went in today. They took £227 everything in the bank leaving him with nothing to live on, he rang them and they were very unhelpful saying they e mailed him on the 25th saying the payments were 4 weekly so they would not give the money back . Is there anything we can do to get the money back? He phoned the bank and they said he has to leave it 14 days before they can step in to try and get the money, what is the likely hood they will succeed?

Link to post
Share on other sites
renegadeimp

renegadeimp

Posted
Posted

You need to speak to the banks management and demand a full chargeback as it was an unauthorised transaction. You do not have to wait for 14 days. They can do it immediately.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
renegadeimp

renegadeimp

Posted
Posted

Doesnt matter. They still need to provide notice and get authorisation. Especially as it can leave debtors with no means to pay other bills. They cannot simply take it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
Bombaymix

Bombaymix

Posted
Posted

If there's a repayment plan in place and the debtor doesn't honour the payment due date, it's clear on the website that the full amount becomes repayable straightaway.

 

This (they will say) is the "notice and authorisation"

 

However. Do try emailing Wonga and explaining the mistake, advise them that this has left you (your son) in hardship. They might refund the money and set up the repayment plan to continue as it was (it's unlikely to be honest), that said, Wonga were reasonable with me when I got into problems and they've always been good taking their £40 something a month on my payday.

 

It's worth an ask. A lot of PDL company's are behaving at the moment and might show willing an refund te money.

 

I doubt you'll have any joy with a chargeback from the bank. It will be there on the repayment agreement on Wonga that should you miss a payment then they'll try for the full amount therefore, it can't really be considered an authorised transaction.

 

Good luck!

It never rains but it pours...

Link to post
Share on other sites
renegadeimp

renegadeimp

Posted
Posted

Again, wonga still need to give advanced notice that they will either attempt collection, or invoice the debtor. They cannot simply take an amount from the bank without notice. This is in breach of Oft guidelines. It is considered an unfair clause in the contract.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
mad rat woman

mad rat woman

Posted
  • Author
Posted

Thanks for the replies, He has e mailed wonga to ask them to reconsider a refund, if as I think that will fail I will tell him to go ahead and contact the bank again tomorrow when they open, Do you know where he can make an official complaint against them? Though they did e mail him a couple of days before I do not consider that enough notification as he does not check his e mails very often , surely notice in writing should be given ?

Link to post
Share on other sites
Bombaymix

Bombaymix

Posted
Posted

Did you email Wonga through their online contact form?

Keep pushing it. They will reply eventually.

Is anything owed on the account or did they take ALL of the outstanding balance?

It never rains but it pours...

Link to post
Share on other sites
mad rat woman

mad rat woman

Posted
  • Author
Posted

Yes it was there online contact form, there is still £30 owed I don't think they could take that as there was not enough in the bank. I will get him to e mail again, maybe putting it a little stronger, he has just asked them to reconsider paying back the money they took. His other direct debits have failed now because of them

Link to post
Share on other sites
  • 5 weeks later...
renegadeimp

renegadeimp

Posted
Posted

Make sure you get full reports to the OFT and keep them updated as often as possible.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
mike00

mike00

Posted
Posted
Make a report to the OFT and the FOS about this, Wonga are on their list of companies they may close down...

 

Slightly off-topic, but I've seen this list of 30 lenders mentioned a number of times. Do we know which lenders are on it? Payday Express? Safeloans?

Link to post
Share on other sites
renegadeimp

renegadeimp

Posted
Posted

OFT hasnt said who they are... yet

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
mad rat woman

mad rat woman

Posted
  • Author
Posted

I will send everything to the OFT, He received a letter from Wonga demanding payment and says he will get interest added. An e mail was sent to them on Friday with no reply, with an offer of monthly payments, also notified them that all copies of e mails and no response's were being kept and noted. Should I also get him to write to them? Thought it best to keep it to e mail and letters so we have copies

Link to post
Share on other sites
renegadeimp

renegadeimp

Posted
Posted

Can i ask why he didnt go to the bank and claim a chargeback for an unauthorised transaction which left in him severe hardship?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
renegadeimp

renegadeimp

Posted
Posted

Oh i get ya. Ok. The bank is breaking the law. Have a good read of the following two pdf's

 

http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf

 

http://www.fsa.gov.uk/pubs/consumer_info/know_your_rights_payments.pdf

 

They are in clear breach of uk law when they say they cant stop the payments. My advice would be to read up on the relevant legislation : Regulation 55 of The Payment Services Regulations 2009 and issue a full and formal complaint to the banks CEO. Give then the 8 weeks to respond with a final answer, then we can see if we need to get the FOS and the FSA involved, or whatever the FSA is called now.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...