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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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    • 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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Over Chargered For 5 Years. ! Help!

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I don't know if anyone can help me, but i have lived in a Housing Association house for the last 6 years. Recently, they wrote us a letter to say they were reviewing our rent. Then we received a letter informing us that it had gone down by £40 a month.


Around the same time i went to a residents meeting run by the Housing Association. At this meeting it was brought to the associations attention about the decrease in rent, and why it had gone down. They replied that they had overcharged residents certain service charges on the account, such as communal cleaning even though we don't have this service. I enquired if we would receive a refund and was given no reply.


I have since written to the Association and requested a breakdown of services i have been charged for and for a refund of services i have been overcharged for. I have received no response so far. This was 16 days ago.


My question is: can i do an Access Request to ask for all my rent statements since i moved in? What do i do next in terms of taking this futher? Who do i write to?



I hope this makes sense!!


Thank you for any help!!

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Hi love bug


You do not need to do an Access Request, now which Housing Association is this


Have they informed you how long this overpayment error has been going on for?


All you need to do is Head your next letter 'Official Complaint' and refer to your initial letter and the failure of the housing association to respond you now wish this treated a an Official Compliant only.


You would like to remind the housing association of it recent letter dated (Insert date) that our rent was being reduced by £40 a month with no further explanation in the letter for such a reduction.


At the same time the housing association held a Resident Meeting where we were informed by the housing association that the reason for the rent reduction was that the housing association had been overcharging residents by way of Service Charges on the rents with no further explanation as to how long this error has been going on nor how the housing association is going to reimburse those residents affected.


If the housing association has chosen that by way of reimbursing those tenants affected due to this error is to reduce their rents I must remind the housing association that a consultation should have taken place for this decision and now require details of when and where this consultation took place on this specific issue and who approved this course of action to reduce rents due to this error.


I also require copies of the following documents:

(When you get the documents below please check the date they were approved and the next review date)


1. Complaint Policy and Procedure.

2. Customer Care Standards/Charter.

3. Rent and Service Charge Policy and Procedure

4. Full Rent Statements with a complete breakdown of Service Charges from 20XX - 2013 inclusive.

5. Copy of the Board Minutes Approving the Rent reduction due to the Service Charge Error.


Remember you need to follow the housing associations Complaints Procedure and try to keep everything in writing and always keep copies for your records and get Proof of Posting.

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 5 weeks later...

Hi, thank you for the advice. I have written up a letter to send to the Housing Association. I would appreciate it if i could have some feedback on it before i send it.....just to make sure it all makes sense!! Thank you!! Here it is........





Official Complaint


Dear Places For People,


I am writing to you once again as my initial email regarding overcharging with regards to my rent, has been meet with no reply. As such, I would now like this to be treated as an official complaint.

Our rent has recently be decreased from £ xxx to £ xxx . As you are aware, at the residents meeting on the 22 .03 .13, we were told of an overcharging in relation to the service charges on our rent account. If due to overcharging on service charges, our rent has been decreased, I must remind the housing association that a consultation should have taken place for this decision, therefore, I now require details of when and where this consultation took place on this specific issue and I would like to know who approved this course of action to reduce the rents due to this error.


I also require copies of the following documents:


1. Complaint policy and procedure

2. Customer care standards/charter

3. Rent and service charge policy and procedure

4. Full rent statements and complete breakdown of service charges from July 2007 – 2013 inclusive

5. Copy of board minuets approving rent reduction due to the service charge error

6. Why my rent decrease of £16.29 was started from this month




I look forward to a speedy response



Yours sincerely




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I also require copies of the following documents:


1. Complaint policy and procedure

2. Customer care standards/charter

3. Rent and service charge policy and procedure

4. Full rent statements and complete breakdown of service charges from July 2007 – 2013 inclusive

5. Copy of board minuets approving rent reduction due to the service charge error

6. Why my rent decrease of £16.29 was started from this month






I wish you lucky trying to get all that out of a housing association,Personal think waist of time asking for All those documents...



You could all get together again at a residents meeting and write as a group to the HA saying you take court action via county court (or individual court action) to recover the over charge monies if HA start dragging there feet over re payments ....

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...



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i was in similar situation, it came to my attention that I had been overpaying ground rent (a flat i own but its leasehold, so there was £75 per year ground rent).


I started with a polite NBA but was fobbed off and eventually started court action for overpaying ground rent of £45 per year, not a huge amount but this had been going on for 14 years or so, now normally the limitation act would only allow you to claim back 6 years, but S32 allows you to go further back in 'cases of fraud, concealment or mistake', my freeholder had already admitted a 'mistake' so I claimed 14 years plus 8% interest and got back just over a grand :)



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