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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Mis-selling over the phone static caravan for sale and MotorHelpUK


MoonHawk
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Hi,

 

I have a static caravan for sale and the other day got a call from MotorHelpUK, offering their services to sell it.

 

I was told, straight away, that they only contact sellers if there are existing enquiries for the item being sold. I was offered an advert on their site for £79.95. £70 of which would be paid if they sold the caravan, as they make their money from financing for the buyer.

 

I confirmed that if I sell it then it's goodbye to the whole amount and was told yes. To assure me, it was repeated that "they only contact people if there are existing enquiries for the item being sold". I asked them how many. The reply was at least 4, otherwise I would not have had the call.

 

I was then asked if I am available that evening to receive enquiries as they will be informing the enquirers.

 

Now several days on ... not a single enquiry. I think that I was led to belive that there are existing enquiries for me. I did not expect them to necessarily be a sale, but I did expect at least one enquiry to come through, otherwise I would not pay £80 for an advert when i can advertise for free elsewhere.

 

Have I been mis-sold this service like I believe I have?

 

Any feedback and pointers to any ragulations would be appreciated.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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This bunch do this all the time. They may have changed their name, but, years ago I was selling a very specific type of classic car. I was contacted by Car Data and told they had at least 4 live buyers for this car. I gave them my money and heard nothing more. Not one call from these 'interested parties'. It's a [problem]. They were on WatchDog some years back.

 

I don't know where you stand re being 'mis-sold'. I reckon they would just say the ficticious buyers had bought elsewhere.

 

Sorry.

 

I'm sure that if someone more clued up on these things reads this, they'll let us know. I'd be interested.

 

It might be worth a call to Trading Standards...

 

Have you called them to ask why you haven't been inundated with calls?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Hmmm.

 

Have you called them to ask why you haven't been inundated with calls?
Not yet I wanted to find out where I stand first.

 

I wanted to right a letter to them prior to taking action, and wanted to know if there are any ragulations or legislations I can quote, about being mis-led.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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see here:

 

Mirror.co.uk - News - Mirror Investigates

 

and here:

 

AutoMatch www.automatch.info Review - Car Sales. Review of 127250 (Comments)

 

Unfortunately no advice of how to 'put it right', as I doubt there is no way. Just story after story like ours. Sorry. If I wanted a static caravan, I'D buy it from you!!

 

Good luck.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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:D thanks for that ... but I'd only sell you it if you wanted one ;)

 

Well I'm gonna wait for a bit to see if they put my ad up, they haven't yet. I think I'll wait for one week and then if not up or if they do not use the photos I sent them, I'll hit them for not suppying the service purchased. They have three more days then they get my letter.

 

After that I'll contact the bank and report them to OFT (as if they do anything).

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Did they say how soon the ad would go up? If they gave a timeframe and they haven;t done it yet, surely they have breached the agreement..? Why not try to phone and cancel? Maybe tell them it's sold..? Did you pay by credit card? If so - ring the credit card company and see if they can help?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Did they say how soon the ad would go up? If they gave a timeframe and they haven;t done it yet, surely they have breached the agreement..?
No they did not give a timeframe.

 

Why not try to phone and cancel? Maybe tell them it's sold..?
Interestingly the say on their invoice ... that Distance Selling Regulations say if I asked for teh service to start immediately then the cooling off period is negated if 1) I receive their t&C (On teh invoice) and 2) Their service has commenced.

 

Why not try to phone and cancel?

As far as I am concerned it hasn't commenced so time fpr a call.

 

Did you pay by credit card? If so - ring the credit card company and see if they can help?
Pain doing it that way. Last resort.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Have to write in e-mail or fax apparently.

 

I'll e-mail and confirm by letter.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Share on other sites

Good stuff! Make sure they admit they received your cancellation. How did they sound on the phone?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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I rang them again as on their T&C it said nothing about e-mail. It said call to cancel. It turns out the reason I couldn't find the ad is that they have mis-spelt the model. And they apparently have 7 enquiries now.

 

I called the OFT consumer line and put the following together on their advice.. i'm getting a legal friend to look at it but any feedback would be greatly appreciated :)

 

Misrepresntation Act 1967

 

Dear Sir/Madam

 

On Friday 20th October 2006, I was contacted by one of the members of your staff, selling me your advertising service. In the opening introduction, I was told that you already have enquiries for my type of caravan waiting, and that is the sole reason I was contacted.

 

During the course of the conversation, I was also informed that you will charge £79.95 for the service and that £70 will be refunded to me, if the caravan was sold via your service.

 

I was once again reminded that you have enquiries ready for my type of caravan, and when asked how many, I was informed that at least 4 exist. I was also asked if I was available to take these enquiries that very evening, implying that there are definite buyers waiting.

 

Not only have you mis-spelt the model of the caravan, making it impossible for someone to search for the caravan, and put the location as Northamptonshire, which is the county of my home and not the location of the caravan. You have also mis-spelt my name on the invoice and in 4 days on I have not received a single enquiry.

 

I believe that during the course if the conversation, I was led to believe that there are buyers ready to look at my caravan, and as such I was induced into agreeing the contract with you, which otherwise I would not have made.

 

Under the Misrepresentation act 1967, I hereby give you 14 days to refund £79.95 back to my card, unless you can in the next 2 days provide me with the details of at least 4 genuine buyers, not associated to your organisation, save as an enquirer, who are looking for:

1) a second hand Willerby Lyndhusrt to site themselves

2) a 4-6 birth caravan sited in Dorsert

 

For the avoidance of doubt, if this is not done within 14 days, not only will I inform you to the Office of Fair Trading, but I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs.

 

Yours sincerely

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Share on other sites

Sounds good to me Moonhawk!

 

Did you say on the telephone that you wanted to cancel?

 

I'll be really interested to see what their response is.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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I did say I wanted to cancel. They said but we hjave your advert up. I said no you don't as I can't find it by searching using your search engine. They said did you search using your reference. (Who on earth is going to search for my caravan by my reference??? :x )

 

I shall send it off tomorrow, recorded delivery and wait to see what they say. Hey maybe they will give me some enquiries :p

 

Either way if I get anywhere I'll publicise this for others to use against them.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Share on other sites

  • 2 weeks later...

Just had a call from MotorHelp UK's customer services department. They apologised for the bad experience that I had with them and the money will be refunded to my card within the next 30 days and a confirmation sent out. Not sure why that long but will wait and see when it comes back.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

Link to post
Share on other sites

Just had a call from MotorHelp UK's customer services department. They apologised for the bad experience that I had with them and the money will be refunded to my card within the next 30 days and a confirmation sent out. Not sure why that long but will wait and see when it comes back.

 

Best Wishes

MoonHawk

 

Remember to stick to YOUR timescales - you gave them 14 days or you issue a claim; they have not replied in writing. Issue your claim on the 15th day. If they pay and you have to cancel your claim, so what? They have to pay your court fees plus 8% interest too...

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Thanks for that Tom. I have too much on my plate at the moment with Lloyds, Barclaycard and Littlewoods. So I'll give them a couple of weeks grace. But don't worry, it is in my calender and I'll be reminded every week ;)

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Share on other sites

  • 2 months later...

Well I phoned them a coiuple of times to be told oh being doen blah blah. Now Christmas is over my patience has run out and claim put in.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

Link to post
Share on other sites

Well I phoned them a coiuple of times to be told oh being doen blah blah. Now Christmas is over my patience has run out and claim put in.

 

Best Wishes

MoonHawk

 

Nice one. Always ignore anything they tell you over the 'phone - it's usually BS.

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  • 2 weeks later...

A cheque for the full amount and court fees arrived the day I got my copy of notice of issue. The cheque was stapled to their copy of issue.

 

So anyone suffered at the hands of these guys. Send them a Misrepresentation Act letter asking for proof of the said enquiries. The don't wait, once the 14 days are up, file.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Absolutely fantastic news :lol:

 

Really pleased for you! Well done. Remember once the cheque has cleared, CLEARED mind you (at LEAST 14 days, preferably 28) you can tell the court that the claim has been settled. You can tell them NOW you have received a cheque, however make sure they know that you "will notify them if the claim is settled in due course".

 

I say 28 days, because a cheque can still bounce LONG after it has apparently been cleared into your account.

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  • 4 weeks later...

Bit of a late update ... too busy with other cases lmao.

 

But the cheque has cleared and I have ceased proceeding with the claim.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Share on other sites

  • 4 months later...

Hi,

We recently have been duped into a contract with MotorHelpUK. It happened in exactly the same way you guys described above. I wondered whether the Misrepresentation Act letter worked? The thing is I have just been checking their website and have just viewed my ad and there doesnt seem to be any spelling mistakes or anything like that. Can I still use the same Act?

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Hi guys,

 

We recently were duped by motorhelpuk. Nearly a month on we haven't heard anything from any potential 'buyer'. Everytime I ring them I get abuse hurled at me! Anyway the cancellation tact hasn't seemed to have worked. The emails I send bounce back soomer or later. I was wondering whether I can still use the Misrep Act even though there doesn't seem to be any cosmetic mistakes to my ad? Did your cheque ever fully clear?

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  • 3 years later...

This is something that has happend to me in regards Touch Local directory.

 

The telephone sale person said that their website is at the top of the search engines for the category listed and for keywords related to my business listing, so that if someone typed in 'driving school' their website would be on the first page.

 

I've search every week for the keywords and gave up looking for their website in the first 20 pages, i took the paid listing on this basis and now trying to cancel contract, to which they are not that interest in discussing anything.

 

Any advice appreciated.

 

Wayne

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  • 2 weeks later...

I tend to edge to the side of caution with companies like this. If you can't sell it on eBay or AutoTrader, then there is a serious problem, these companies are ridiculous and generally in my experience very unscrupulous

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