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    • I'm trying to think in terms of tactics here.   Because the vehicle purchase has been made on hire purchase, that means that the finance company is the owner of the vehicle and strictly speaking your direct action is against them in breach of contract because they have all the obligations to you under the consumer rights act that they would have if they had been the dealer. On the other hand I still like the idea of going against the dealer – which you could do on the basis that you enjoy third party rights of direct action under the Contracts (Rights of Third Parties) Act 1999. Of course you could sue the finance company and you could win – in fact you probably will win: there is clearly been some kind of misrepresentation at the very least – and maybe a deception. It's rather a coincidence isn't it that certain important information has been omitted from the documents supplied to you. However, if you sue the finance company then I don't think it will provide a quick solution. From what you have told us so far it seems to me that there is a certain urgency. I think that the finance company will simply get into obstructive mode and simply try to cause you trouble – because they will instruct their usual solicitors – and I'm afraid to say that solicitors are incapable of taking a pragmatic view. The longer it goes on then the more they can charge the client. The more obstructive they can be then the more there client naïvely is impressed – and at the end of the day the more obstructive they become, the more likely they are to wear you down and to achieve some kind of negotiated settlement where you agree to sacrifice some of what you are entitled to – and the client – the finance company then sees that as some kind of – Win. I think a quicker route to success is to sue the dealer – and at the same time you could bring an FOS complaint against the finance company. Of course if you sue the dealer, they will start off by pleading that you don't have a contract with them. That's true – but you would be relying on the provisions of the 1999 act – and it is clear that you are an intended beneficiary of the contract and I scarcely imagine that they have expressly excluded your rights to bring an action against the dealer. I would expect they hadn't even thought about it. One of the rules about bringing a complaint to the financial ombudsman service is that you are not allowed to do that if there is a legal action underway at the same time. I can imagine that if you brought a complaint against them to the FOS, that the finance company will plead that there is a legal action – but I think that you would have a good argument to say that the legal action is against the dealer and that the complaint to the FOS is clearly independent of that legal action. The FOS is very cosy with finance companies – and they may accept the position of the finance company and refuse to be involved – but on the other hand they may side with you and continue with their investigation against the finance company. This would mean that you would have two irons in the fire at the same time. You could simply bring a complaint against the finance company to the FOS – but as I've already suggested, this will take an awful long time and it may not be resolved before 12 months is up – meanwhile you have the problem of not having the vehicle. So my favourite course of action at the moment is to threaten the dealer with a legal action on the basis of your third party rights – and separately to begin a complaint to the FOS about the finance company. I think the dealer would be extremely surprised to find that they were subject to the legal action when they had thought that they are being protected by the hire purchase rules. However, I think that they would eventually be obliged to confront the reality that they were going to be a defendant in the court case. I think they are the weakest link and they are the route to getting the fastest result. I see that the dealers describe themselves as some kind of finance company themselves. But I don't notice any FCA registration or any other signs that they are a finance company or that they have the kind of expertise behind them which you would expect the finance company. Have you any further ideas on that point?  
    • Some clinical staff are receiving weekly tests - my daughter in law for oine who looks after people with compromised immune systems   Absolutely zero none clinical staff that i know of get tests at all, let alone regularly, although some are now starting to get a home test for use if they get symptoms - long overdue.   As an aside, my immediate family is registered at 3 different GP serguries. One in particular is little more than a joke with everything 'don't come in it might be covid - go for a test or to hospital minor injuries. We went for test and surgery and that surgery then said (o/h surgery) - well its only valid on day.   You would think we are 10 days into a pandemic - not ten months.          
    • Hi Dx, I have only just started helping them yesterday, all the complete so far has been done by my son in law. I am just getting all the correspondence together and make a full list later
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
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Hello everyone,

 

I am looking for the help for my friend who needs to open an basic bank account, He was redundant 3 years ago, subsequently defaulted all credit cards and overdraft which is around £14000 altogether. Soon after the default He moved to another address and changed telephone number.

 

Now opportunities have arrived for him to work again and has job offer. He tried to open an basic bank account with cooperative and nationwide but has been refused.

can anyone help and guide how to open an basic bank account and what could be reason of refusal from banks.

 

Thanks

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Don't know what it is like now but I had no problem opening a cashcard account with Halifax a few years ago

 

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Should be able to open a standard account with the post office (link below). As far as I remember, this account is designed for people with no credit rating or adverse credit rating.

http://www.postoffice.co.uk/current-accounts

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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Should be able to open a standard account with the post office (link below). As far as I remember, this account is designed for people with no credit rating or adverse credit rating.

 

 

Thanks for your reply, I will try to open it.

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No probs... hopefully some other people will also reply so to give you more options.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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