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    • Hi All, before I start I know there are similar threads of the topic I am raising, and each, of course, has its own unique scenario, which may benefit others. My case is as follows: 1. I saw a gumtree ad on the 16th of Oct 2020 for a Mercedes E220 CDI, priced at 7,500 2. I called the seller and said I will come over on the 17th of Oct 2020 to view. 3. On the 17th of Oct 2020 I went to his place where he is working and viewed the car. He is working for a major car rental company. I checked the car and of course asked the normal things to ask e.g. any insurance write-offs, loans, accidents, etc. The seller said the car is clean etc.no loan, he had a loan but all is paid off etc. and he has the papers. 4. I negotiated the car price to 6,800 because the rims were showing some signs of damage, the rear light had a small burst, cosmetics, etc. I checked all but did not see any sign of damage to the car (it's a black car, the car was a bit dirty, and the sun was already setting in) 5. We agreed on 6,800 and decided to purchase the car. We went into his office, where I paid cash, and also got a Car Sales Invoice with all details of the seller, and a V5C green slip 6. I purchased car insurance and drove off. I asked him about Road Tax and he said Road tax is paid so I have not to worry, just need car insurance. 7. On 18th of Oct 2020 I cleaned the car interior because it was really dirty inside - it took me a few hours so decided to clean the exterior the next day 8. On the 19th of Oct 2020 I went to clean the exterior and after the car was clean I noticed some parts were resprayed. I became a bit suspicious; so on the 19th of Oct 2020 in the eve, I went on the internet and run an HPI check. The outcome from the HPI did not show any accidents, insurance write-off but an outstanding Loan with Moneybarn. At this point, I thought maybe the database is not updated, etc. 9. On the 20th of Oct 2020, morning, things were going through my mind; the seller said the car is clean, no issues, no loan since he settled all etc. but the HPI reports say there is still some outstanding loan. So what I did, I called Moneybarn, and explained the situation, and gave them the contract number as well (since it was displayed on the HPI report). They said they will send me a form by email, but they cannot share any information due to Data Protection (GDPR). fair enough I thought, but what made me boil, they said they OWN the car! So, I took the car and drove to the seller where he is working. I confronted him. He said don't worry, I will handle it, he has no time, he is very busy and bla bla bla. I said what reasons do I have to trust you, you lied, and now you say you still have a debt, etc. So I said I will not leave until he has settled the debt, or repay me my money. I also asked what is outstanding, he said around 7,000. Well, since I confronted him at his workplace he may have felt the heat, he assured he will settle all soon, I said sorry, I need a date, so I said you will settle the debt with Moneybarn by 23 Oct 2020, if not, you will refund me my money. He said Ok he will do it, so I said, since I don't trust you, you will sign a piece of paper, and sign it. On the paper, he wrote "I will clear the debt for the Mercedes by Friday" and signed it. I said I am not happy and added the debt details with contract number, and also a clause that if he fails to settle the debt with Moneybarn by Friday the 23rd of Oct 2020, he will refund me my money, 6,800, and sales of the car Mercedes, license plate, will be void. Also, I said to put an initial on each amendment I made with signature. He did, and I left. 10. On 22 Oct I sent him a message, to remind him to settle the debt by Friday 23 Oct 2020 noontime and also I outlined some legal jargon I had to sent that I received from citizensadvice. 11. On 23 Oct, morning time, I received a message from the seller, he said he will not/cannot refund me the money, not to visit him at his office or place, and that he feels threatened by me. 12. Now, the dilemma/headache; a). I received the form from Moneybarn on the 20th of Oct 2020 and I have to send it back within 7 days b). the seller send me a message he will not refund the money c). is the seller holding the title with Moneybarn or did he also buy and not knowing there is an outstanding loan on it d). did he sent the V5C to DVLA since I have the green slip? e). Shall I fill in the form and sent it to Moneybarn? f). If Moneybarn has all my details they may send someone to repossess the car? 13. I decided, I will not undertake anything yet, because my mind said, go there, confront him, park the car in front of the company since I purchased it there and signed all paperwork in their office, they will call the police, the police will come and surely will not do anything but will force me to remove the car and park somewhere else, record all on camera, take all evidence, sent to Moneybarn and at the same time to the seller's employer (when I asked him to sign a letter he will settle the debt by Friday 23rd of Oct 2020, he used a paper of the car rental company, and on the back, the logo of the rental company is displayed clearly and he may have acted on behalf of the company to sell me the car, after all, I don't know if he holds the title with Moneybarn - well, this is an excuse for me to even sue the car rental company, or blacklist him with the company he is working for since it seems he is some type of manager there and he may have acted in the capacity as a sales person to sell the car to me on behalf the company....). 14. So on the 23rd of Oct 2020, I didn't do anything like described under 13....it's not my style as such I called AWH solicitors, explained all, and they said one person is specialized in dealing with such cases and will call me back after studying my case and inform me if it is something they can fight or not. So they will call me Monday the 26th of Oct 2020. I also said I want to go now and confront the seller, but she said better wait till Monday, and if they can fight the case, they will tell me the next course of action - but my funds are limited and cannot afford a lengthy battle, because if no case against Moneybarn means I will have to sue the seller to the court which will cost me. The car has comprehensive insurance and with all this saga I added on the 20th of Oct 2020 also legal insurance on top. Lengthy story, but I am trying to be as detailed as I can, and yes I should have done an HPI before buying the car, but I am from Holland and car sales work there a bit different, and this is my first time I buy from a private seller. Well, once I have sent the form to Moneybarn, I will park the car in a garage, and at this stage, I am renting a room in a house (there is one more tenant). Since I am from Holland, I am planning a trip within 2 weeks to visit my family and I will drive down with the car and in the meanwhile wait if the solicitor can be of any help. I need some advice though, I am still planning to drive down to the seller on Tuesday after I talked with the solicitor, park the car in front of the company, and confront the seller, and try to record all. I will also try to make him sign a letter that I purchased the car in good faith from him (regardless if he holds the title with Moneybarn or not but at least I purchased in good faith from him). Evidence that I have: 1. Car sales invoice 2. Paper that I made him sign 3. Gumtree ad; I could retract this from google history, but the original add removed from gumtree. At least I can show it was advertised 4. I tried to create a history of past owners, total owners including me are 5. It seems the car was also posted on gumtree before by a company in Essex (I saw on google). The reason for doing this, it is very likely that the seller purchased the car from someone else with an outstanding loan. Since then I read a lot on the internet, so please any advice is welcome to pursue my case, I paid a lot and at least I want my money back. Also what I read so far, Moneybarn is not easy to deal with...thanks in advance for any advice I can use for my case.
    • Hi   I think you need to check not just the serial number but what Meter Point Reference Number (MPRN) as the MPRN is what is registered and energy supplier go off as well as the serial number.   So you need to see what the MPRN is as well as the energy supplier it is registered with.   If you look at this Ofgem link: https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/connections-and-moving-home/who-my-gas-or-electricity-supplier   In the above link to do this check it gives a link to:   Find My Supplier: https://www.findmysupplier.energy/webapp/index.html (note you may have to complete a captcha, then input your postcode only and click find my address, when the list comes up click on your exact address, you will then see you actual MPRN and the energy supplier linked to your address)   With the above make sure and take the details of the MPRN and the Energy Supplier, better still take a screenshot/pdf the webpage.   Please let use know if on doing the above it matches your current supplier?  
    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
    • why not simply tell you supplier they have the wrong meter number you been paying for usage , and ofcourse you can view this online too so its not as if you'll owe anything you might get a nice surprise and find you are owed a refund.
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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.

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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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