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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
      • 160 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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Having got sick of these money robbing unethical idiots I decided to get just as aggressive today and sent them the following message:

 

To whom it may concern,

 

Please note that to prove we have sent this we are recording it being sent and adding the video evidence to a portfolio we are forwarding to the Office of Fair Trading.

 

I wish to place my account reference ********** in to dispute with to regards the outstanding balance due to the illegal and non-enforceable charges you have made. My debt should be £272 (original loan plus one month interest) minus £230 already paid leaving an outstanding balance of £42 which I am willing to pay when I have it it writing that this is all I owe and that you will close my account once this is received.

 

I also wish to complain about the manner in which you are harassing me. Emails, texts and phone calls several times a day from yourself, Northern Debt Recovery and Marshall Hoares Bailiffs. Only one company can legally own my debt, and legally pursue it. I suggest you decide which company legally owns the debt, then tell me who owns it and I will corresponde with that company, and only them by email only. Any further phone calls or text messages received from today (11/08/2013) will be seen as harrassment and reported to all relevant authorities. Please note I have video evidence of making this request.

 

I am also concerned by the way in which Marshall Hoares like to claim they are bailiffs when they have no legal powers to do any of the things a bailiff can. I have no CCJ against me with regards to this debt, and therefore cannot have failed to stick to a court agreement so any doorstep visitor has no legal power. As such I withdraw all rights for them to visit. Should they visit from this date it will be deemed as trespass and the police will be called in necessary. I also believe that trading as bailiff and allowing people to believe you have bailiff powers is misleading advertising and something I am sure trading standards will be very interested in hearing about.

 

I also have in writing via email confirmation from your company that I have withdrawn permission for you to debit my card via the continuous payment authority, which I have also cancelled with the bank, yet you still attempt to take money via the CPA. This is something that you cannot do, and especially not now the debt has been placed into dispute. This is something the I am aware the OFT are cracking down on and could result in this leg of your company losing its credit licence.

 

If I do not hear from you via an email that can be replied to by the close of business today confirming that you have received my complaint I will have no choice but to forward my complaints to higher authorities. If I do not receive a satisfactory response to this complaint, particularly with regards to harassment and the amount owed then I will take my complaint as far as I possibly can.

 

I look forward to hearing from you, and please note I KNOW where I stand legally with regards to what I still owe and will not back down, and should you wish to go to court we have plenty of evidence of your company's illegal and unethical practices.

 

I have tried being nice to them so getting them back in the same manner they have me. Wonder how long it will take them to agree! Off to fight OPUS now as well while I'm in the mood for it!!!!

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Any further phone callslink3.gif

or text messages received from today (11/08/2013)

 

Today is 11 - 7 - 2013 !!

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4: Staying Calm About Debt  Read Here

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

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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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  • 3 weeks later...

Hi CitizenB,

 

have you had any communication from them regarding this yet. Would really like to know what their responses would be.

I am thinking of taking a similar action.

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erm, SN8 - I rather suspect you don't me, but lottie :)

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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erm, SN8 - I rather suspect you don't me, but lottie :)

 

That should read "erm, SN8 - I rather suspect you don't mean me, but lottie :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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That should read "erm, SN8 - I rather suspect you don't mean me, but lottie :)

 

Yes, I did mean exactly that :lol:

 

SN8, in your post 3, you have asked me (citizenB) , if I have had any communication from them..

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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Having got sick of these money robbing unethical idiots I decided to get just as aggressive today and sent them the following message:

 

To whom it may concern,

 

Please note that to prove we have sent this we are recording it being sent and adding the video evidence to a portfolio we are forwarding to the Office of Fair Trading.

 

I wish to place my account reference ********** in to dispute with to regards the outstanding balance due to the illegal and non-enforceable charges you have made. My debt should be £272 (original loan plus one month interest) minus £230 already paid leaving an outstanding balance of £42 which I am willing to pay when I have it it writing that this is all I owe and that you will close my account once this is received.

 

I also wish to complain about the manner in which you are harassing me. Emails, texts and phone calls several times a day from yourself, Northern Debt Recovery and Marshall Hoares Bailiffs. Only one company can legally own my debt, and legally pursue it. I suggest you decide which company legally owns the debt, then tell me who owns it and I will corresponde with that company, and only them by email only. Any further phone calls or text messages received from today (11/08/2013) will be seen as harrassment and reported to all relevant authorities. Please note I have video evidence of making this request.

 

I am also concerned by the way in which Marshall Hoares like to claim they are bailiffs when they have no legal powers to do any of the things a bailiff can. I have no CCJ against me with regards to this debt, and therefore cannot have failed to stick to a court agreement so any doorstep visitor has no legal power. As such I withdraw all rights for them to visit. Should they visit from this date it will be deemed as trespass and the police will be called in necessary. I also believe that trading as bailiff and allowing people to believe you have bailiff powers is misleading advertising and something I am sure trading standards will be very interested in hearing about.

 

I also have in writing via email confirmation from your company that I have withdrawn permission for you to debit my card via the continuous payment authority, which I have also cancelled with the bank, yet you still attempt to take money via the CPA. This is something that you cannot do, and especially not now the debt has been placed into dispute. This is something the I am aware the OFT are cracking down on and could result in this leg of your company losing its credit licence.

 

If I do not hear from you via an email that can be replied to by the close of business today confirming that you have received my complaint I will have no choice but to forward my complaints to higher authorities. If I do not receive a satisfactory response to this complaint, particularly with regards to harassment and the amount owed then I will take my complaint as far as I possibly can.

 

I look forward to hearing from you, and please note I KNOW where I stand legally with regards to what I still owe and will not back down, and should you wish to go to court we have plenty of evidence of your company's illegal and unethical practices.

 

I have tried being nice to them so getting them back in the same manner they have me. Wonder how long it will take them to agree! Off to fight OPUS now as well while I'm in the mood for it!!!!

 

Hi Lottie,

 

have you had any communication from them regarding this yet. Would really like to know what their responses would be. Specially if calls and SMS stopped.

I am thinking of taking a similar action.

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Is it the same company, Marshall Hoares, SN8 ?

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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Is it the same company, Marshall Hoares, SN8 ?

 

Yes and NDR. I have been on a DMP with Step Change since February. They have already sent the correspondence letter 3 times but NDR refused the amount every time. They are asking me to pay what I clearly can’t afford. My £400 loan has gone up to £2245.

In the beginning, when I wouldn’t pick up their call as I had already explained it at least 4-5 times they called my work number twice. When I asked them why they did that, the agent told me there is no record on their system that mentions calling my work number. Big surprise!!! After advice from Step Change, I told them I would report them calling my work number to the OFT as it is clear I haven’t given them the permission. They didn’t call my work number after that.

They are calling me at least twice daily (weekends as well) and once a week ‘home visit’ SMS & email. Couple of weeks back, they spoofed their number so it appeared to be an international call and I picked up. The guy on the line very rude and screaming at me and told me I should give up some luxuries like my mobile phone and my land line in order to pay off my loan. Next they will tell me my rent is a luxury..lol I even tried to reason with them that if they had accepted the agreement in the beginning, part of that loan already would have been paid but am guessing you can’t reason with Idiots!!!!

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Erm, no they haven't replied. Today I sent them a similar message but added that I have now complained to the Financial ombudsman about them and their failure to honour my request to cancel the CPA on my card. Reminded then that it would cost them £550 for that complaint to be investigated. Also told them I would be sending them daily messages from now onwards at a cost to them of £10 per time , billing them for use of my time. As my legal debt now only stands at £42 it could be expensive for them!!! Just by complaining about them I've made them a loss on my loan!

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  • 2 weeks later...

I have just submitted the following to the easy finance muppets. Wonder if I get a response. And I am deadly serious about invoicing them for my time. If they can send me letters asking for money they have no rights to then surely I can bill them for use of my time lol. And it would be worth the cost of a recorded delivery letter to see how they respond!

 

FORMAL COMPLAINT

 

reference xxxxxxxxx

 

Please note that this message being typed is being recorded on a video camera as proof we have submitted it to you. We will only communicate via email and as such require a response from a non automated email account by close of business on Thursday 22nd August confirming receipt of this complaint. failiure to do so will be added to our portfolio that has recently been submitted to both OFT and Financial Ombudsman as a complaint about this company.

 

1) Use of Continuous Payment Authority. On Wednesday 30th January 2013 I received an email from Charlie Mason of Marshall Hoares Bailiffs following an email forwarded to them by this leg of the company. In this email you confirm that I have cancelled my continuous payment authority. However, since then you have attempted to use this authority, illegally, at least twice a week. I have emails confirming payment was unsuccessful to prove you have attempted. Are you aware that you have broken the law doing this? As such a full complaint is now being handled by the Financial Ombudsman and will probably cost the company more than the debt is worth due to the cost of being investigated.

 

2) Who actually owns this debt? I have been pursued by yourselves, NDR and Marshall Hoares. I would like to know who legally owns the debt and them i will communicate with them.

 

3) Misrepresenting your powers. You cannot take my goods, apply for an attachment of earnings or act in the powers of a bailiff. There is no CCJ with this account, and given the unenforcable charges you are trying to [problem] out of me, there is unlikely to be one.

 

4) The actual amount owed: As you can't agree on a figure (every email or text seems to show a different amount) I will enlighten you on what I legally still owe you. £42. This is my original loan of £200 plus one month interest at £72 minus the £230 already received by me. I am not avoiding my debt, I haven't tried to avoid it. I just refuse to pay more than I legally have to. When I have it in writing that £42 will clear my debt, my account closed and my credit report logged as debt repaid then I will gladly pay the outstanding amount. This is the only reason I haven't paid. In fact it has been sat in my ISA awaiting you starting to act within the law for me to repay it. Given how much I have already paid I think a court would agree I haven't been avoiding the debt. And the proof I can provide that I have offered legitimate repayment.

 

5) Threats and Harrassment. I again repeat I WILL ONLY COMMUNICATE via email. I demand that you only contact me this way. I know you have my email address as I receive emails from you on a daily basis about your attempts to steal money from my account.

 

In this I also refuse to make an appointment with a doorstep collector. Any doorstep collector visiting me will be treated as a trespasser and politely asked to leave. failure to do so will result in the police being called.

 

Please note that my time is valuable and taking the time out of my working day to repeatedly have to send the same message to your company is getting expensive. As such if I have to send these letters again I will be sending an invoice for £15 per communication attempt. I will be sending these on a daily basis (if you can harrass me then I'm assuming it is ok for me to do the same to you). Given that my debt is only £42 and I have already cost the company over £500 by my formal complaint to the Financial Ombudsman I would suggest that it would make financial sense to settle this matter with some urgency. I have your address to send all invoices to you.

 

I look forward to hearing from you

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I think we will all be waiting for the response to this one !

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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Brilliant complaint letter. I cant wait to see Mr Larholts response... if he even gives one.

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

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It is headed - Formal Complaint - they are obliged to respond - although they do actually have 8 weeks in which do so.

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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I know they have 8 weeks to reply, but I'm not expecting one! They have had three formal complaints now and ignored all of them. I need this to be sorted. We are finally almost there with our debts. Repayment plans in place for all of them except this and mini credit but I have been putting the moment aside I'm willing to pay for them so could in theory clear both if they stopped adding bogus charges on. I just want it done now and to be PDL debt free by the new year which could be done. We have worked so hard to get to this point and I refuse to let a bunch of opportunist con men take that away from us by taking money they don't have any rights to! God they have me so angry!!!! But it has been good as well! I've just started saving with our local credit union and will probably volunteer with them when I have no kids at home with me!

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Con man. Not con men. It is ran by Larholt under different names.

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

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I have had a reply!!!!!

 

 

OUR REF: xxxxxxxx

 

Dear Ms

 

We are sorry to hear that you have a complaint about the service you have received. The company attempts to treat its customers fairly in all circumstances and we apologise if you believe the service you have received falls short of your expectations in any way.

 

Please accept this email as acknowledgment of your complaint. We have 8 weeks in which to try to come to an amicable agreement. If we are unable to come to resolve your complaint in that period, you will receive a Final Written Response. This will set out the company’s final position in respect of your complaint.

 

If you are unhappy with the Final Written Response and wish to appeal further you have the right to make a formal complaint with the Financial Ombudsman Service. You must make sure you do this within six months of receiving the Final Written Response or you may lose your right to ask the Ombudsman to review your complaint.

 

The contact details for the Financial Ombudsman Service are as follows:

 

Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

Website: www.financial-ombudsman.org.uk Email: [email protected]

Phone: 0800 023 4567 or 0300 123 9123

 

You may also be interested to read their pamphlet, “Your complaint and the ombudsman” which can be found at www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

 

We hope that you find the information contained herein to be helpful and that we are able to resolve your complaint to your satisfaction.

 

I will respond to your points in turn:

1) Upon receipt of your cancellation of continous payment authority, your card details were altered so that it would be impossible to debit your account. Our system is designed to recover funds using CPA on a regular basis in the event that payment is not made as per the terms and conditions of your loan agreement. I can confirm that your card details were amended on 30th January 2013 so that any system debiting would be unsuccessful. A review of your bank statements since the loan’s inception (23rd November 2012) until now will show that no funds were debited from your account in relation to your outstanding balance. As payment has not been made since 31st December 2012 and you have not arranged another method of payment, we believe the firm has displayed a significant degree of forbearance by not reinstating CPA.

 

2) Your loan is owned by Easy Finance Club, a trading style of Web Loans Processing, with whom you had applied for the loan. The terms and conditions state that should the loan not be paid in full as per the contractual agreement, Easy Finance Club may subcontract third party debt collectors on its behalf.

 

3) The automated communications you have received in relation to nonpayment state that should the matter go to court and a judgement not be adhered to, court appointed bailiffs may become involved. The interest and charges on your account are enforceable and are contractually provided for by amount in your credit agreement. Nevertheless, the business is willing to apply a settlement discount with a view of reaching an amicable agreement.

 

4) This loan was taken out on a 14-28 day basis with £16 accruing weekly. As you had not repaid the outstanding balance in full by the end of this contractual period, nor an alotted two week grace period, interest and charges had accrued as per the terms and conditions of the loan agreement. You have stated that you wish to repay £42 to settle your account. As you had not repaid the outstanding balance during the contractual period nor the following two week grace period, we cannot uphold any claim that the outstanding balance ever was or is currently £42.

 

5) As you have not made repayment in approximately 8 months on your outstanding balance, the business had utilised your contact details you had provided and had given permission to use for its lending and collection purposes. Under OFT Guidelines, creditors should adhere to reasonable requests as to how debtors should be contacted. Thus, I have taken the liberty of freezing phone communications as requested on the basis that we communicate in writing.

 

Your outstanding balance has accrued to £694. Whilst I can see from your file that you had historically made repayments, this amount did not satisfy the outstanding balance and interest and charges accrued as agreed. Due to the amount of time this balance has been outstanding and nonpayment since late December, we are unable to accept £42 as a satisfactory repayment, however, we are prepared to heavily reduce your outstanding balance to £170.

 

This offer is made on a no-fault basis and in full and final satisfaction of your file. It is also made on the basis that no complaint be raised to the FOS and that any current complaint be withdrawn.

 

In the meantime, your account remains frozen whilst we discuss an agreement in writing.

 

Please let me know if you would like to accept our offer. Otherwise, please let me know what it is I can do further.

 

I look forward to hearing from you.

 

Yours sincerely,

 

Michael Lapides

Complaints Assistant

Web Loans Processing Limited

 

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It contains information which may be confidential and which may also be privileged. Unless you are the named addressee (or authorised to receive for the addressee) you may not copy or use it, or disclose it to anyone else. If you received it in error please notify sender immediately and then destroy it.

 

 

I have quite a few issues with this reply. The one that really annoyed me is that not only did the muppet get my title wrong he also have me a gender change!! I am in the middle of writing my reply to him now. Want to make it a good one!

Edited by citizenB
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Are you happy to repay the £170.00 on the basis that this will be the end of any outstanding debt to them.

 

You could gently point out that, whilst they might claim to have the right to process your data, at the very least they are obliged to ensure it is correct. That you have not at any time had a sex change and object to this being implied !

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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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I'm not sure? My big issue here is that I don't actually trust them enough to believe that £170 would settle it. They aren't exactly known for their honesty and for sticking to their word. Plus I don't want to withdraw my complaint to the FOS as its valid and could help other people. I won't have that as a term of settlement, that part isn't negotiable. The more complaints officially made about these people the better.

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Aha, I missed that bit about you withdrawing your complaint.. hmm, naughty.

 

So your response needs to focus on the following.

 

1: That you would be happy to settle for £170.00 on the clear understanding and written confirmation, prior to handing over any funds -

 

a) that this is in F&F settlement of any liability they claim you owe.

b) that they will not sell on any balance.

c) that they will cease processing your data... and

d) remove any adverse data from your credit files.

 

2: They have no right to demand that you withdraw your complaint - it is valid and will continue. However, you will update your complaint to show they have co-operated in your complaint as above.

 

3: That you are offended that they have implied you had a sex change :lol:

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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