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    • Thanks Bank Fodder for laying out the pro's and cons.   I think that because the missing paperwork on the 100k service was missing will help in our favour, as Ford say the automatic gearbox must be serviced at either 35k or 2 years which it wasn't, this was disclosed at the time of sale and only a very basic service was done and stamped in the book.   I am very surprised that the finance company closed the complaint so quickly.   At the moment the car is at an independent garage, luckily it is where I get my van serviced so I know the owner. Should we leave the car there as in one of the emails the finance company told him not to drive the car, or shall they drive it home which is around 3 miles?
    • 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
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I think I've just been accepted for a business account despite poor credit history. When can I celebrate???


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Basically I had a hsbc business account which I shut due to the fact I slowed trading for for a while. Started to use my personal account for a bit and then a lot of business subsequently got asked to leave for breaking t&c.

Left me without an account, 7 defaults and 3 arrangements on my credit history in the last 6 years.

Ive put in an application with Coop for a cash minder, they seem to of lost my application in branch which is a pain.

 

Had a look at the bank groups and basically hsbc aside I had history with all except Santander, figured I had nothing to lose by putting in an application for a business account. Went basic no overdrafts, loans etc.

Had an email off them yesterday with a questionnaire which I completed honestly, emailed it back then today received this.

 

"Thank you for choosing Santander Business Banking.

 

We’re pleased to let you know that your Business Current Account is now open and ready for you to use.

 

What’s next?

 

In the next 7 – 10 days we’ll send your card, card PIN, Online Banking passcode and registration number separately (for security purposes) to the home address you gave us."

 

 

Is that it?, I've been accepted?, can I have a beer to celebrate? or is there something that can go wrong from here?. Other than my credit history I have no other skeletons in my closet or anything.

 

I know all banks are as bad as the other but I did not expect to get a highstreet account in a million years with my account history. I was thinking best case I get a cash minder and a pre pay. I had a large loan and Credit card with Abbey national which were paid in about 2007 but did reclaim a lot of ppi.

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It does indeed appear that you have been accepted for the account you applied for.

 

I imagine that as long as you maintain the account correctly, then there should be no problems.

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It does indeed appear that you have been accepted for the account you applied for.

 

I imagine that as long as you maintain the account correctly, then there should be no problems.

 

Fingers crossed then.

 

I did check experian last night and they have done an unrecorded search before emailing the above which I presume is a good thing. Also I notice Co-op did a couple as well so would be fair to presume they found the application form so fingers crossed.

 

 

Something I was slightly concerned about. Ive read all sorts of horror stories about fraud markers getting in the way at a later point. I'm fairly sure my hsbc account was shut for breaking t&c which I presume is down to using for business. If it was anything more than t&c or just me not earning them money etc would they of just shut me immediately?.

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Sorry, I don't understand the question ? Where does fraud come into this ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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