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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • 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.  👍
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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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Phil and Alison v The Co-op ***WON***


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Hi,

We sent off our SAR yesterday and eagerly await a reply. I reckon they owe us hundreds if not thousands from the last 6 years. Must admit do find this quite daunting and will probably need a lot of help.

We also have credit cards to deal with, could anyone please tell us where to find copies of letters to send to them?

Thanks in advance to anyone who helps out.

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Hi - take a bit of time to read up first to make sure that you have the facts before going too far ahead. Read the FAQs and template letters then have a good read around here to see how others are getting on. Keep any progress on your own claim or questions that arise in a new thread in the forum for your bank to make it easier for others to follow and advise you. There's a set of links in my sig below that will help you find where all this useful information is. Well done for getting started! :)

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Hi,

I 've been reading this site for weeks and have plucked up enough courage to go for it. We are owed thousands from one place or another and want it back. W e've banked with the coop for over 20 years, wish we could get it all back off them !!!

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Hi,

We sent off our S.A.R - (Subject Access Request) yesterday and eagerly await a reply. I reckon they owe us hundreds if not thousands from the last 6 years. Must admit do find this quite daunting and will probably need a lot of help.

 

COOP SAR sent 24/10/2006

MARBLES SAR sent 25/10/2006

MBNA SAR sent 25/10/2006

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Guest ian cognito

Plenty of reading Phil, FAQ's and the forums for your banks, it's surprising how much confidence you get as you read on.

 

Good luck!

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Hey Phil,

 

I sent my SAR to Co-op and MBNA a day before you, so we should be on roughly the same track.

 

Stay in touch and we will kick some ass together!!

 

Did you send via recorded delivery?

 

Also, is your MBNA account a Credit Card account? I have two, one with MBNA directly and one with Virgin (MBNA) and have 10k with them... I'm a bit worried that they might close my acconts and demand instant payment of the balance!!!

 

 

Feel free to PM me if you want! Cheers! :)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Co-op bank - won March 07

Virgin Credit Card - won - March 07

MBNA Credit Card - won March 07

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I have been told that in theory they can close your credit card account down and demand instant payment (7 days I believe). Nobody on here has given me anythign solid to go on, but according to different sources, you can take action as it is classed at a 'retaliatory' act. It is dodgey ground and I must admit to being somewhat concerned myself. I looked on the FSA website, but the info was a bit vague (once I had found it!) I think you would have a case, but there is no certantly and I haven't heard of anyone gettign to that stage on this forum

 

As for co-op; my SAR arrived yesterday (according to Royal Mail) so I am awaiting either a phone call, letter of the info I have requested after 30 odd days.

 

I am opening a parachute account over the weekend or early next week. This shouldn't be an issue as I have a fairly ok credit record (until MBNA close my credit account and take me to court that is) heheheh....... :eek:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Co-op bank - won March 07

Virgin Credit Card - won - March 07

MBNA Credit Card - won March 07

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It seams weird that nobody on this forum has anything to say about the closure of accounts and the trouble that could follow....

 

It really does appear to be a gray area, but one in which, it appears, is becoming more an dmore commonplace.....

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Co-op bank - won March 07

Virgin Credit Card - won - March 07

MBNA Credit Card - won March 07

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Hi Thomper and Phil

 

:D That sounds good;) could we make a story of those names lol

 

 

Try reading this link issue 48 - banking: when a firm decides to close a customer's account for more info, whilst it is obviously a retaliatory response to reclaiming what is rightfully yours ie charges, i would hope that you complain loudly to the FOS if it does happen to you.

 

 

 

 

Best of luck to you both

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So, they can close any account within reason, however, not for an inproper reason, such as... "unfair bias or unlawful discrimination. And it is an implied term of the contract between the firm and its customer that the firm will not normally close the customer’s account without giving reasonable notice."

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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Co-op bank - won March 07

Virgin Credit Card - won - March 07

MBNA Credit Card - won March 07

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Thats the theory but but we all know the banks are doing this as their last parting snipe at us, it is up to us to take it further and complain about their abuse of the Banking Code, hence the FOS website

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It seams weird that nobody on this forum has anything to say about the closure of accounts and the trouble that could follow....

 

It really does appear to be a gray area, but one in which, it appears, is becoming more an dmore commonplace.....

 

Far from not saying anything, I must direct you towards the FAQ's and in particular this page where it says very clearly that there is always the risk that accounts will be closed and that a parachute account should be opened just in case.

 

I don't know what else anyone can say other than that.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Hi, I am trying to not hijack Phil's thread (soz Phil), but I have looked at that section and opening a parachute accout is relavant, if it is a 'Bank account', however, if it is a Credit card account and you have a 10k balance, then things become a little more complex, Particularly if your credit rating isn't as good as it was. I guess the same would apply to those who huge overdrafts and they are unable to tranfer them to another account.

 

This is the only area that really concerns me, but I will forge ahead nevertheless.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Co-op bank - won March 07

Virgin Credit Card - won - March 07

MBNA Credit Card - won March 07

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I'm looking at over £800 in the last 14 months, so looking forward to claiming for 6 years!

 

As for the Credit cards, I sent the normal SAR letter, but changed the 'bank' bits to read 'credit card account' instead.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Co-op bank - won March 07

Virgin Credit Card - won - March 07

MBNA Credit Card - won March 07

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So, they can close any account within reason, however, not for an inproper reason, such as... "unfair bias or unlawful discrimination. And it is an implied term of the contract between the firm and its customer that the firm will not normally close the customer’s account without giving reasonable notice."

 

You should check your particualr terms and condtions to be certain what the contract allows.

 

If you havent go a copy of the T&C rung them up and ask for a set.

 

HTH

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Guest ian cognito

It would be considered, at the very least, unreasonable to expect someone to reapy a £10k balance with no notice, can't see them getting away with the one when they take you to court for non payment, They are likely to make some arrangement for repayment and close the account in as much as you wouldn't be able to continue using the card.

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That is my feeling, I just don't want bad thigns on my credit rating as it has always been quite good. Hey-ho!

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Co-op bank - won March 07

Virgin Credit Card - won - March 07

MBNA Credit Card - won March 07

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