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    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
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Ashbourne management contract for 7 year old. Can I cancel?


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I wouldn't even entertain the thought of court, let me do a bit of digging about and see if there is anything like this out there.

 

And re-read the whole thread again...

 

OK just having a quick mooch about, and from what you have said, this could be deemed as 'pressure selling'.

 

And although there were no cancellation terms or cooling off period in the T&C's, you have done everything possible to minimise their loss, and have informed them in good time, that your son no longer wishes to continue.

 

IMO, I'd be willing them to take me to court, so that the DJ can give them what for...again!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Feet,

 

You've asked them to tell them what loss they've suffered and they've failed to address this.

 

I would now ignore AMSL and not reply to them.

 

Make formal complaints to both Trading Standards and The CMA :-

 

1. That AMSL are making demands for classes due to start in September that you cancelled in June

 

2. That AMSL added a minimum period of 12 months after you signed the agreement.

 

3. The agreement was for karate classes for a 7 year old who changed his mind just after you signed up.

 

4. No service was ever provided and AMSL have failed to tell you of any loss they have have suffered as a result of the cancellation.

 

Keep it very short and focused - post the complaint here first if you want.

 

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Dear all,

I have written to AMSL one last time, requesting a letter of deadlock from them so I can take my complaint to the financial services ombudsman.

 

I understand that before you can get ombudsman service you need to have reached a formal deadlock. Im hoping that AMSL will realise I am happy to take the matter further and 'might' back down, only im not holding my breath! I will keep posting when I have further news.

 

Thanks for your advice and mental support.....it is appreciated.

Natalie

 

Sorry, the above thread should have read....consumer ombudsman service.

 

My letter was as follows....

 

I am writing to you regarding my membership dispute. I have been trying to contact you since 15.07.15 to cancel my 7 year olds karate classes -2 months prior to the contract commencing. I wrote to you on 14.09.15, 13.10.15 and 4.11.15 asking you to cancel these classes which he does not wish to attend and has not received services from. I have offered to pay a fair and reasonable penalty. I have also asked you to quantify any losses you have incurred as a direct result of this cancellation and you have failed to do so.

Your attempts to resolve my cancellation have not been satisfactory and you claim you are 'unable' to cancel without a penalty of £621, which feels unfair and unreasonable.

I feel we have reached a deadlock situation, and as such I am left with no alternative but to take my complaint to the consumer ombudsman service (COS)

Please issue me with a letter of deadlock so that I may refer this to the COS.

If I do not receive this written response, I shall assume you are in agreement that this case has reached a deadlock and I shall refer my complaint to the COS without further reference to you.

I look forward to your response,

........

 

 

I hope this will work..... natalie.

 

Ok.... now for trading standards and the CMA.......

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I notice that in october 2013 that you had a blog from a lady called carol, in dispute with AMSL over her 4 year old son needing to cancel karate classes for her 4 year old son who had an injured hand/thumb. This is the same karate club I am trying to cancel for my son.....

 

I wonder if anyone heard the outcome? Same teacher/owner.....

 

Club called Sutton Martial Arts Academy SMAA.

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My letter was as follows....

 

I am writing to you regarding my membership dispute. I have been trying to contact you since 15.07.15 to cancel my 7 year olds karate classes -2 months prior to the contract commencing. I wrote to you on 14.09.15, 13.10.15 and 4.11.15 asking you to cancel these classes which he does not wish to attend and has not received services from. I have offered to pay a fair and reasonable sum. I have also asked you to quantify any losses you have incurred as a direct result of this cancellation and you have failed to do so.

Your attempts to resolve my cancellation have not been satisfactory and you claim you are 'unable' to cancel without a penalty of £621, which IS unfair and UNLAWFUL.

I feel we have reached a deadlock situation, and as such I am left with no alternative but to ESCALATE my complaint FURTHER.

I NOW REQUIRE YOUR RESPONSE IN ORDER TO ESCALATE THIS MATTER.

 

I LOOK FORWARD TO YOUR TIMELY RESPONSE WITHIN 14 DAYS,

 

REGARDS,

..

 

A few changes made in bold, don't ask, always demand, they are providing YOU with a service, not the other way round.

Assertive, firm, and direct. Don't ask, tell and demand.

 

P.S. That very generous offer you have made should now be withdrawn, they are no longer entitled to that offer, they had their chance!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Feet,

 

If you've already sent the letter, wait and see if/how they reply.

 

If you have not yet sent it, please wait !

 

The FOS (which is who you mean) will not deal with this matter, so you've no need to write seeking a "final response" before complaining.

 

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Hi Feeturing,

 

Don't worry about this. It's done now and we can't change that so just let us know when you get a written reply.

 

For your info, here's a link for the Ombudsman Service that confirms the limited services they provide - http://www.ombudsman-services.org/about-ombudsman-services-os.html

 

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  • 3 weeks later...

Hi all,

 

Well no surprise I didnt get my letter of deadlock which I requested from them on November 18th.

 

Instead I have received this week, 2 texts advising me that my account is in arrears, and to contact customer services.....and today I received a letter dated 4th December stating I had 7 days to pay £155 in arrears.

 

I am not sure how to tackle them now. Should I write to them stating that I give their lack of response as to my deadlock request as their agreement in the situation.? I recall thats how I worded it in my letter to them as opposed to giving them 14 days to respond.

 

I feel as though I should write to them asking for no further contact until they take me to court.....

 

Is this a good way to proceed?

 

Any advice is gratefully received.....

 

Many thanks

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Hi Feeturing,

 

If they haven't yet replied properly to your letter, I suggest you do nothing more for now.

 

You should ignore their payment demands and you have no need to call them to discuss anything.

 

You should see by now that writing to them gets you no further. You've done all you need for now so don't be afraid to simply ignore AMSL.

 

Thanks for making the complaint to The CMA, which adds to the cause. Did you complain to TS as well ?

 

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The CMA doesn't look into individual consumer complaints, just as the OFT didn't, BUT they will file all the complaints regarding a company, and once the drawer is full, they will then look into the outfit, so not a dead end in reality, in the long run it will help others.

 

Please forward those silly text message to 7726 (spam on your telephone keypad) this too will help in the long run, as your network provider will log the text message as a ''nuisance'' and will pass the info on to Ofcom to either remove their licence or most likely fine the company.

 

IMO I personally would accept their ignorance to issue you with a deadlock letter, or attempt to resolve your dispute, as confirmation that this is in dispute, therefore you are at liberty to escalate this whenever you wish, however fully expect them to inform any ombudsman that you haven't followed their procedures and have not exhausted their complaints procedure, but don't be put off by their lethargic practices.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 weeks later...

Hi all,

Sorry for my delay in updating but to be honest other than letters demanding money for arrears and text messages and calls which I have so far ignored, not much has changed.

 

Trading standards have also been informed of my dispute on several occasions when I have contacted citizens advice.

 

I guess now its a waiting game until they take me to court unless you have any other suggestions for me to move things along.

 

I appreciate all your advice and wish you all a hasstle free new year!

 

Many thanks, natalie

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Any text messages they send you should be forwarded to 7726 (spam on your phone keypad)

 

If you're receiving unsolicited phone calls, if you answer them, just laugh and hang up, or send them the telephone harassment letter, and go through your providers malicious calls procedure.

 

As for their puerile letters, just file them away under ignore.

 

If this ever does get to the courts, then they will lose.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Feeturing,

 

If AMSL were going to take court action, they should have followed up their previous threats and taken action before now.

 

The longer they delay, the better for you.

 

HNY to you too.

 

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