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    • I don't think that you have told us when you bought the car. However, you have referred to a conversation in which they apparently told you that the MOT had been carried out on 11 November so that suggests to me that you bought it after that date. Although it seems as if you are dealing with quite a dodgy crowd, you may as well go through the paces of asserting your proper rights. Because you have discovered this issue within the first 30 days – you can add to the strength of your position by sending them a letter asserting a right to reject the vehicle under the consumer rights act. If a car manifests a defect within the first 30 days then you are entitled to reject it out of hand with no chance of repair but you must assert your right in writing. Send them a letter immediately – recorded delivery – informing them that you are rejecting the vehicle and telling them on what grounds and say that you are asserting your rights under the consumer rights act. It won't make a whole lot of difference, but later on if you find yourself having to take court action, then it will all help. Please let us know when you have had the AA check. Meanwhile, I suggest that you contact me at our admin email address and let me know the identity of the garage and any other identity clues that you have unearthed. It may enable us to give you additional help
    • Assuming you're correct about the limitation running from the last date of deferral. The last deferral was in 2013 so the statute barring period would end on 31 August 2019, the money claim was made on 3rd June 2019 so is within the limitation period. Therefore the debt is not statute barred.
    • I agree with my site team colleague @slick132 but with variations. These people have been needing you around and cause you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have taken all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. He was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters that you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. I think should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of your statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
    • Well done on getting your refund and thanks for the update. I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble. It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.
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I am a foster carer and when I began fostering over 3 years ago I took out a new home buildings and contents insurance policy with Nationwide. I specifically told the guy who sold it to me over the phone that I was a foster carer and needed suitable insurance to cover me for potential damage by foster children. He said this policy would be fine. I have been paying it for nearly 4 years and not made any claims but yesterday one of the young people that I foster caused considerable damage to my house during an outburst of temper, including a broken window and internal doors. I called the insurance company today and was told I was not covered because there is an general exclusion concerning damage caused by anyone living in the house. This means that I have been paying for nearly 4 years for a policy which was not what I asked for. Do I have any claim against the Nationwide for selling me a policy which did not meet my clearly stated needs?

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It is an extremely dangerous idea to discuss anything with any insurance salesperson on the phone without recording the conversation. These people will say anything in order to get the sale. Is not an insurance companies, it's also mobile phone companies banks – anyone.

 

Please read our customer services guide to see exactly how you should handle any customer service issue on the phone – whether it is that you are being sold something or you're trying to complain – or anything else.

 

 

I'm afraid in this case, it is likely to be your word against theirs. You could send them an SAR and try to get the screen notes relating to the conversation you had – but I'm afraid that customer service reps tend to keep very sloppy screen notes. You would have to be very lucky to find that they had made a note that you had foster children.

 

Read our customer services guide and you will see that the next time you have any dealings, make sure that they have noted down on the screen notes that there are foster children and make sure that you get them to read the note back to you.

 

I think that the only thing I can suggest in this case is that you phone up nationwide again, pretending to be a new customer with a different name, and explain your needs and that you are foster carer once again. See if they are prepared to commit themselves in the same way to saying that is an appropriate product. This time of course you will be recording the call won't you?

 

If you're fortunate enough to get a recording of them telling you that it is appropriate product then you've got an excellent case to force them to pay for the damage and to keep ensuring you the damage caused by the foster children.

 

Finally, as a precaution I think you ought to find this general exclusion and reproduce it here so we can doublecheck. That's the other thing you need to be careful about when dealing with insurance companies, they sometimes rely on all sorts of vague terms and conditions to try and escape liability.

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I am a foster carer and when I began fostering over 3 years ago I took out a new home buildings and contents insurance policy with Nationwide. I specifically told the guy who sold it to me over the phone that I was a foster carer and needed suitable insurance to cover me for potential damage by foster children. He said this policy would be fine. I have been paying it for nearly 4 years and not made any claims but yesterday one of the young people that I foster caused considerable damage to my house during an outburst of temper, including a broken window and internal doors. I called the insurance company today and was told I was not covered because there is an general exclusion concerning damage caused by anyone living in the house. This means that I have been paying for nearly 4 years for a policy which was not what I asked for. Do I have any claim against the Nationwide for selling me a policy which did not meet my clearly stated needs?

 

Did you specifically ask for cover for damage caused intentionally by the foster children?

 

The answer to the above question is important as if you just said something along the lines of "I have foster children, does the policy cover this" then the question may not have been specific enough and would result in most Insurers answering it does.

 

The policy has a general exclusion for Malicious Damage / Vandalism caused by tenants or paying guests, I'm not fully aware of exactly how foster caring works but could the foster children be classed as tenants or paying guests?

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Thank you for your advice. From what I can recall I told the guy on the phone I was a foster carer and I needed a policy to cover potential damage by fostered children. Foster children are not tenants or paying guests, they are supposed to be considered family members and in this case the boy is permanently placed with me. In each section of the policy - in this case it would be 'Vandalism or malicious acts' - it states as not covered 'loss or damage caused by you or any paying guest or tenant'. Which is why I thought I would be covered. I missed the bit at the back of the booklet titled 'General exclusions' where is states under subheading 'Deliberate loss or damage' ' Any loss or damage caused, or allowed to be caused deliberately, wilfully, maliciously, illegally or unlawfully by you or any guest or tenant, or anyone lawfully in your home'.

 

However on a potentially more positive note I did have a call back from the insurers later today, the lady said she had discussed it with her supervisor and she wanted some more information about the boy who caused the damage, she asked me lots of questions such as what caused him to do it, and whether he knew it was wrong, I told her he was autistic and has social emotional and behavioural difficulties and would not have known at the time he was doing something wrong and she said she was going to discuss it again with her supervisor and get back to me on Friday to let me know whether they will accept my claim. Fingers crossed!

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It may be that they interpreted it to mean accidental damage - rather than intentional damage.

 

Have you asked if they have the sales call recordings? (most won't! we have call recordings dating back to 2004 where I work, so some do keep them for a long time!)

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