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    • Hi BankFodder, I paid for the repairs because the garage i took it took didnt except payment from warranty companies and as i had contacted the warranty company i was expecting them to pay me.Also after speaking to the owner of the garage on the Sunday morning telling him about the faults i was expecting him to HELP and sort the problems as i had already explained that i was stranded without a car. After the garage had looked at the car and told me about the faults and put them in writing i wrote to the dealership telling them about the faults and still no help. As i work most days 12/13hrs it is very difficult to talk on the phone during office hours. The garage i use  i have been useing for over 20years and they are very good.I know it wasnt just a sales job for them it was because there were faults. I have now recieved an email from the dealership saying they knew nothing about the problems and if i had they would have helped.  
    • Hi, welcome back.   Could you post up the questions from the forum sticky together with your answers so we can advise you please? It's best to wait until the guys have looked at your information before you start writing as it could end up as pointless letter tennis.     HB
    • A few years ago on this forum I took the advice of ignoring a PCN which as predicted eventually went away. In May this year I received a windscreen notice form myparkingcharges and  I decided to do nothing and see what happened. It seems that there is a more tenacious follow up these days. (Briefly: A small full car park for the local railway station. My tiny SMART car will fit into a small space which is too small for most cars but is not marked with white lines in the way other spaces are. I have parked there before without incident and actually thought I was doing a good turn by saving the big spaces for more average sized cars). Today I have received a Letter Before Claim and am now not sure what to do. My instinct is to pay the initial £60 fine but it seems that may not end the matter. I have read about an SAR which I need to submit - would it mean a letter something like this?:   Thank you for your letter dated **/08/2019.  Please can you let me have a copy of all photos taken Please provide me with a copy of all letters on this subject. Please send me a PDT machine record from that day including payments made  A copy of all data held, all evidence you will rely on, and a full copy of the PCN and NTK A  list of all PCNs you consider are outstanding against me and/or this VRN,    Is this correct? I would rather just get rid of this and pay the initial £60 but as the bill is now £160 it is a lot of money to lose.  I have tried to read through all relevant threads but would really appreciate some easy to follow advice. If I can get away with £60 I would be OK but obviously would rather not pay at all.   Thanks in advance.    
    • nope provi simply now own the old franchise. they are not insurance providers   you will need to go after the insurance underwriters if you use our custom google search box here there are 100's of threads on them.    
    • agree !! something fishy here and not right !!!   I went through this in 2014 and pushed back with CWD when they were trying to operate IDR of there offices and the answer I got was they are just representing the bank and pay direct into a IBAN account. 
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mike00

Cancellation rights under distance contract which is manually renewed (by me) every month

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Hi,

 

Firstly, sorry if this is the wrong section. I wasn't sure if it should go in the retail forum or not.

 

Earlier this year I (an individual) entered into an agreement with a company whereby I rent a web server from them. At the time of entering the agreement the Distance Selling Regulations (2000) were still in force.

 

There was no minimum term to this contract, and there's no obligation for me to renew at the end of each renewal period.

 

I make manual renewal payments each month by logging into their website, and clicking 'Renew' next to the relevant service. The expiry date of the service is listed next to the 'Renew' button and the subsequent page allows for the selection of the renewal duration (1 month, 3 months, etc). If I want to cancel a server, I do not need to contact the company. Non-payment/non-renewal is considered cancellation.

 

An administrative mishap last month led to their systems automatically deleting one of my servers which involves wiping its hard disks to the point where data recovery is impossible. This deletion has caused inconvenience and loss of data.

 

I still have one server with them, but I am no longer able to trust them, and am worried the same mistake may occur with this server this month. I've therefore moved all data from it to another provider.

 

Their current contract is still worded pursuant to DSR and allows a customer to cancel within 7 days without giving reason.

 

I contacted the company informing them that I wish to use my right under the Consumer Contracts Regulations (2013) to cancel the server, and expect a pro-rated refund for the time remaining in this renewal period. They replied stated they did not believe my rights under CCR reply as I am on a "rolling monthly contract". However, it's my contention that every time I manually renew the server, a new contract is formed (for the duration of the renewal period I select) along with all the rights and protections afforded by the CCR.

 

What do you think? Am I within my rights to cancel this renewal?

 

Thanks

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If it was their error - why don't you cancel on the basis of breach of contract and claim some compensation for their error?


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I'm trying that route too, however their argument is that the server they deleted was on a separate contract, so no breach occurred regarding the server I'm cancelling.

 

I was hoping CCR would apply as it seems the simpler of the two arguments.

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As it is a new contract each month, as you have to pay in advance each month to set it up, IMHO it is covered under the new regs! however it may be up to Judge to rule on that!

so you may have to resort to court action or the threat of it; if you consider it is worth it.

A question though; would the terms and the amount you pay confirmed each time or was that set up when you first started and would it be different if you started a new arrangement now?

If the terms would now be different they may have a point!

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a monthly rolling contract would require 1 month's notice, not 7 days. If they havent updated their t&c's then it is 7 days notice. You now have to decide which contract you have.

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