Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Our picks

    • 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
        • Like
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3773 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

Where to start with this one!!!

 

I have been a customer of the above shop since April this year and I have encountered no end of problems.

These have now since escalated and I want out with a full refund if possible.

 

It all started a couple of months ago.

I fell behind by one week and was threatened at my door regarding police and repossession.

I told them to get off my property and it escalated into a huge row about how I was 'stealing'

(I suppose they look up the definition of that word! How can you steal if something is given to you!?!)

which lead me to removing them from my property by force (within the law... I didn't smack someone before you say!)

as they are deemed as trespassers since they have no authority to be there.

 

Eventually, they left.

 

Someone from another store called me and the matter was sorted out and I was eventually refunded the TAD cover

which shouldn't have been charged in the first place due to my extended warranty cover with my bank which falls into their insurance thingy.

I haven't paid for it. It was free with my bank account since I have banked with them for for the last 10 years.

 

Since then, everything went fine.

For a week!

 

I arranged to pay fortnightly. This went to plan once.

I thought everything was fine until they started knocking again telling me that I am 3 weeks behind with my payments due to my weekly payments not going through.

This, obviously, confused me no end

due to the fact that as far as I was aware, they were taking my payments fortnightly.

 

I refused to pay this as there was no assurance from them that I had ever agreed to pay this way even though the chap who set it up,

who did everything I asked and I couldn't fault him, assured me it was and that he has done it before.

 

So now, I am sat here with a long list of things they have done that are illegal or borderline and, quite simply, I want out!

 

Harassing me with phone calls after closing hours

Calling me 9 times without fail before opening hours

 

Kicking my door when I refuse to answer

 

Contacting my referee's (they are not guarantor's and should not be contacted)

Hiding from the spyhole after they have knocked

Put hands through the letter box in an attempt to unlock the door

 

Point blank refuse a reasonable payment plan to clear my arrears (3 weeks at £11.38 a week. I offered to pay double for 3 weeks. Reasonable no!?!)

 

Constantly leaving voice messages telling me that if I don't answer the door, they will force entry

 

To berate my partner because "on your agreement you said you were living alone"

(she moved in afterwards and her name is not mentioned on it once anyway!

 

Should I inform them that the fish were bought after it and that the dog's insurance was done after it as well))

 

Parking their van outside to wait for me to leave the property (BLOODY STALKING!!!!!!!)

 

Calling up on a withheld number so I will answer (I have to because of my work as some people call on a withheld number)

 

Ringing on a Fax machine so if I answer, they know I'm in as it cuts off (googled the number, guess what came up!!!)

 

Calling up after countless requests not to as I will only speak to a person with authority

and not somebody who is just trying to prey on fears and acting like a bully boy (wrong person to mess with if that's the case)

 

Refusing to end the contract and instead, constantly harass me because, in the lasses words on the phone,

they will lose money as they will have to refund me (which is why I want them to as I will get refunded. If I cancel,

I lose money which I could replace the television with)

 

So yes, I want out and after reading my contract with them it states about repossession and if they do it without a court order. It states

 

If we do take the goods without your consent or a court order, you have the right to get back any money you have paid under this agreement

 

It is linked to the one third thing (which I am just shy of)

but it is so ambiguous as to whether it means if I have paid a third,

I can get the money back or if I can anyway

The key word is OR in the above. I

 

s this why they are trying to get me to pay instead of taking the TV like I have asked them to?

If so, how the hell do I go about getting this sorted!?!

 

Either way, one thing is for sure..

. I won't be jumping into bed with these cowboys again!

Link to post
Share on other sites

Unfortunately, I had my hands full of clean washing ready to go upstairs and put them away otherwise, I would have broken arms and fingers.

 

I seriously do not know what to do though. I have countless emails and letters to head office as well as replies from them.

Link to post
Share on other sites

Hmmm! While I may get shot down for this, next time they come a-knocking, let them take the stuff but refuse to sign anything. (signing gives your consent to them removing) Make sure that you record everything. Then go get them for a full refund.

 

I don't know enough about PH's practices but I would be doing the above if it happened to me

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Hmmm! While I may get shot down for this, next time they come a-knocking, let them take the stuff but refuse to sign anything. (signing gives your consent to them removing) Make sure that you record everything. Then go get them for a full refund.

 

I don't know enough about PH's practices but I would be doing the above if it happened to me

 

So even if they call first, don't answer?

 

I'm not really too fussed if they take the TV as I can use what I paid to replace it or whack a large deposit on a BNPL deal which would give me breathing space.

Link to post
Share on other sites

Hello there.

 

Sorry to learn about the situation.

 

From the information you have written I would urge you to undertake a formal complaint. This should always be made to Perfect Home first. If they cannot resolve the complaint you can then take the matter up with the Financial Ombudsman Service. If you have any evidence to support your position it would be very useful. Some of the information you have posted up is likely to amount to harassment. We have a useful fact sheet which you can find here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=03_harassment

 

You are right in relation to the 1/3 payment. Once you have paid 1/3 of the instalments they would need a court order to try and recover the items. If they recovered them (without your consent) once 1/3 had been paid you would be entitled to a refund of the monies paid.

 

Regardless of how much you have paid they are not allowed to try and force their way in to your property. They are not bailiffs, they are simply employees. To gain entry they would require a court order to do so.

 

Here's also a link to our hire-purchase fact sheet: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=16_hire_purchase_debt

 

Best wishes,

 

David @ NDL.

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

Link to post
Share on other sites

Constantly leaving voice messages telling me that if I don't answer the door, they will force entry

 

do you still have these mesages

 

if so its gameover for them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...