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    • Dear All,   BN - Thank you for your comments.    My wife had prepared the relevant notice to the court and rather than spending time redacting I am sending it as PM to the contributors to this thread. It covers everything we have been discussing and is in line with  your comments and our discussions.   For the benefit of readers oif CAG I will redact and post it later as we have pressing family medical matters to attend to.    Warm regards BF  
    • Maybe have a third chamber, The Peoples' House 😃
    • Thanks for the images. It's shocking. This more than ever reinforces my view that you should take this to court. The number of people they must be fobbing off with this three months story is incredible – and they need pulling into line. If you simply complain to the CEO then they may sort out your problems – but the rest of it will go on as usual. They need something very serious here. In fact, I would think about suing them for £200 because I think that once they realise about the mistake they are making, they will be extremely anxious not to go to court. On the basis of this, I'm afraid I don't think I would even alert the CEO. I would send a letter of claim which will probably simply be seen by drones – and then issue the papers. I think you have an easy win on this case. Also, once they realise that they are dealing with a court case, they will look at the whole situation more carefully and they will probably sort out all of the problems at the same time. If they don't, then these two have laid down your marker and they will know that you're not mucking around and they will take you seriously.
    • These are the two incidents from Virgin Chat where their Live chat has informed me of the 'only 3 months' decision.... 15 April was the date they acknowledged receipt of my SAR. Apparently anything from before that date can't be included!
    • You could try both routes at the same time. Send your letter of claim by email to the CEO email address. Confirmed by letter. That way you have communicated with the CEO – but given a very definite deadline and a very definite promise as to what will happen if they don't comply. Then on day 15 sent the claim. Don't make a threat of legal action if you don't intend to carry it out. Don't bluff – but it is very easy to do
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hi Guys, hope you can shed some light on my options. I've hit a dead end with the credit card company

 

 

I booked a cruise in feb 14 on the phone. a major reason why I chose that particular cruise liner was due to the facilities they provide for children. I went at great length with the booking person on what they provide and whether my child would be accepted. I knew that the policy of the cruise liner was that the child must be 3 and my child was going to be 3 weeks shy of the 3rd b'day. the booking person exact words were 'the policy is from 3 but given that she is potty trained and that she is so close to her 3rd birthday you should speak to the staff on board' As I know how americans (this was an American ship) are 'computer says no sort of people' I asked what would happen if my child is not accepted to the kids club and the booking person responded 'you will have to be present with your child '.

 

 

this was not a problem for me as I had experienced another liner where the policy was 2 years and we simply had to be in the kids club whilst our child was entertained by the staff with the other children.

 

 

within an hour of going on board and having visited the kids club it transpired that not only was our child not going to be accepted in the kids club but that our only 'option' was to stay in a separate room (away from the kids club) which is apparently designated for under 3's with staff not even allowed to enter that particular room!

 

 

now, for those of you who think this is trivial, all the family was honestly looking forward to this cruise so that we can have a break from our child who, whilst lovely requires constant interaction and loves to interact with children CONSTANTLY. we really felt that this well earned holiday was completely ruined particularly when our daughter was constantly telling us 'lets go to the kids club' and we had to constantly tell her that it is closed.

 

 

anyway, to cut a long story short we made a very strong complaint on board that very day and it took 4 days of arguing with them to finally get them to put in writing that there is no way she is going to be accepted based on their policy and that 'you were misinformed by your estate agent.'

 

 

on my return I immediately put a formal complaint and the rep I spoke to (on booking) tried phoned to attempt to sweet talk me. I was having none of it and requested she puts everything in writing and explain why she told me one thing which transpired to be completely false. She told me that she will look into it and I even have a few e mails going to & fro to tell me that she's taking care of it and will get back to me (their policy 28 days). I waited patiently for them to reply to no avail. when I was (after about 1 month) that they were not going to address my complaint I made a section 75 claim with the credit card company.

 

 

MBNA took it 'seriously' and spent 3 months investigating it (in that time they froze the interest on the balance) and giving me a call periodically telling me that they are still looking into it as the cruise company did not provide them with the required information.

 

 

finally this week I received a letter from mbna stating that they have investigate the matter and ruled against a refund after the cruise company informed them that they had heard back my conversation at time of booking and that the cruise company are satisfied that the rep had informed me correctly about the facilities provided for children and that they are not willing to accept liability.

 

 

Now I am quite lost as to my next step! It would definitely help receiving a copy of the recordings but I need to get this money back quick (£4.5K) and I can already see this taking for ever to get a resolution. I'm happy to go to court but should it be against mbna, or mbna & cruise company? and I would need to proof what was said in the conversation?!

 

 

your informed insight and various opinions would be greatly appreciated. I hate it when big companies play games with people who save hard to spend their hard earned money!!!

 

 

thanks in advance

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Hi Welcome to CAG,

 

 

I find it hard to see that this is a "section 75" matter.

 

 

If you take any action it would I think have to be against the cruise company/travel agent.

 

 

You and the family have had the holiday, so why are you seeking the refund of £4.5K, you may get a small " gesture of goodwill"

 

 

in regard to the lack of access to the "kids club" but I find it hard to see why you would be offered a full refund.

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Hi

As I know how americans (this was an American ship) are 'computer says no sort of people' I asked what would happen if my child is not accepted to the kids club and the booking person responded 'you will have to be present with your child '.

 

If that statement was in writing then you 'may' have had a (very small) case but if (as I suspect) this information was told to you verbally then I can't see any way out of this.

 

You knew the kids club was for over 3s and your daughter was not going to reach that age on the ship so you took the chance. Just because a different liner had a different policy makes no difference in this case. There are very good reasons for these rules as if they did 'turn a blind eye' on this occasion and something happened, the crew of the ship become liable and not the insurers

 

If you choose to pursue this, I feel you will be on the losing side. Sorry if that is not what you want to hear but it is my opinion and you are more than welcome to get other opinions.

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

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I agree that a full refund will be stretching it however I made it very clear at time of booking that our main reason for booking the holiday was the kids facilities and the fact that we did not have any such facilities spoilt our holiday to a very big extent. had we known that we will not have any kids facilities we would have booked something different and definitely not spent 4.5K (2.5K of that was because we had a child) as we could have easily gone for a cheaper room category or arranged to get 2 rooms (4 pax) which would still have worked out cheaper than the 4.5K we paid.

 

 

as an outsider (without experience of our daughter) this may sound really trivial but we needed the kids facilities to get a bit of a break

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to silverfox, I agree that not having anything in writing is bad and I get it that you would think this is a small/trivial matter. however I know what was discussed over the phone with the rep as I made it a condition of going ahead that there are kids facilities available and that under 3's could still enjoy the kids facilities by having 1 parent present which was definitely not the case here. before we book a holiday we research the destination and the kids facilities thoroughly and hence why we feel so betrayed as we were expecting one thing and found completely another.

 

 

do you have any idea how I can compel them to disclose the recording? I am very inclined to go ahead with this (even if there is only a small chance) as I am very clear in what I questioned the rep about and what answers I got which were completely different in reality. this is like going for a 5 star hotel and finding that you ended up in a £20/night bb.

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You could consider sending the cruise company a SAR request, they have 40 days to respond, it will cost £10. See what they send you. State that you want telephone logs etc. See if you can move it forward from there.

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hi rebel, thanks for that. is there anything u would suggest I do with the credit card company? i know what there is on the recording which will prove me right. can i take mbna to small claims. by the time this will be heard (8 months down my way) i will have got hold of recordings (hopefully) and I'm pretty sure the cruise company would make an offer if they realize I'm proceeding with this

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You need to get the evidence before you do anything else.

 

hi rebel, thanks for that. is there anything u would suggest I do with the credit card company? i know what there is on the recording which will prove me right. can i take mbna to small claims. by the time this will be heard (8 months down my way) i will have got hold of recordings (hopefully) and I'm pretty sure the cruise company would make an offer if they realize I'm proceeding with this
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that will postpone this matter another 2 months?! and its been going on already for 4?! grrrr

I think you might "possibly " get a gesture of a couple of hundred pounds, but I cannot see how there is any claim for more.

 

 

If parents do not want to be "troubled by their children " perhaps a different type of holiday would have been better.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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that's exactly it, we wanted to be 'not troubled by our child' during the hours of 9am - 1pm & from 2.30pm to 5.30pm where we anticipated she will be at the kids club hence why we chose that particular holiday!!!

 

 

as we both work from home and our child only went to nursery 3 days a week I think we deserved to have a bit of a break!?

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