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    • Incidentally to answer your question about what should you do immediately, I would suggest that you send the letter tomorrow. Wait until the end of the week. If they don't respond or if they respond negatively, then write to them immediately and tell them that you are not prepared to do without the vehicle. As they have failed to respond to your putting work in hand and you will be approaching them for the costs of all the repairs and if they cause you any difficulty in you will simply sue them. A bill of about £4000 is easy. It puts you within the small claims track so there is no risk of costs even if you lose – which is most unlikely on the basis of what you say
    • I found it cheers Dave!!   I think focusing on lack of compliance with legislation should be the one, seeing as we just lost the case to them by not complying, it will be worth pointing it out. I also want to poi t out their m.o. Which is less than honourable to say the least. Hopefully the judge will side with the little old lady and not the peoppe who use deceit to line their pockets!!   She said she is happy to speak up but is kindly asking for assistance in the form of a bullet pointed printed paper for her to take in so she can read out her points and leave it at that (without rambling).    Straight and to the point!!    Daves post #66 is legendary 🙌    Thanks for the help guys 😊    Let's kick some ass    
    • I differ from my site team colleague slightly in the the six-month rule applies if you have asserted your rights within the six months. My understanding is that you haven't asserted your rights during that time. In other words you haven't informed them that you are giving them a single opportunity to repair and if they decline or if the repair fails then you are rejecting the car for a refund. Please correct me if I'm wrong. On that basis, you are covered by the consumer rights act but not in terms of the right to reject. You are covered under the consumer rights act in that you are entitled to purchase a vehicle which is of satisfactory quality and remains that way for a reasonable period of time. You don't have to prove that the fault existed at the time of sale – although that's what they will try to tell you and even the motoring ombudsman will try to tell you that. But the motoring ombudsman is an industry led organisation which pretends to be an ombudsman but in fact favours the industry and its advice is wrong and even deceptive. I think you should start off by writing both to the finance company and also to the dealership. Describe the fault to them. Send them the evidence you have that the windscreen was incorrectly fitted and the damage which has been caused as a result. Send in the quotation for the work and require them to respond within seven days and that they must agree that the work will be carried out by a competent professional an authorised repairer. Not one of their cheapskate once. Also, you will want them to agree to provide you with a courtesy car. Also have you incurred any expenses associated with this? Travel, car hire, cost of inspections –?? Have you told us the name of the finance company? My site team colleague is correct that if they cause any trouble then you should see them as co-defendants. You can be certain that they will put their hands up. It will go to court. You would sue them for the cost of the work. You would recover your costs of the installation plus your court costs. I don't think you will be able to sue for the rejection of the vehicle on the basis of what you tell us in terms of having not asserted your rights. However you will be able to recover the cost of all the works – making good everything so that the car is in the condition that it would have been in had the replacement windscreen been properly fitted. I wonder who fitted the replacement windscreen? I think I would be out to sue them as well. Post the draft of your letter to the dealership and also to the finance company here so that we can have a look before you send it off.  
    • Thanks I have been reading quite a few this one got me as it did say they have instructed them to take legal action but thanks again your a legend 
    • Yes we will be emailing them. We have kept a log of all conversations with everyone involved and backed up conversations with emails 👍
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Scottish Power


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Hi all,

I`ve been having problems with Scottish Power for ages now, it`s quite a long story so I`ll try and keep it as brief as I can but can go into more detail if needed.

I`m on a PAYG meter for electricity, but due to a mess up by Scottish Power (wrong meter installed) I was due a refund for over payment ( £207.52 ) which I eventually received last summer.

A few weeks ago I went through some electricity bills and noticed something that didn`t look right so did a bit of investigating, I logged into my Scottish Power account and checked back to when I received the refund (last June) , although it did actually show that Scottish Power had credited my account with the £207.52, the balance on my account didn`t increase but when they sent me the cheque my the £207.52 was knocked off my balance, so I was actually given the refund from my own balance.

Then, as if that isn`t bad enough, on my bill dated 1st September, the £207.52 has been added onto the bill so I have had to pay it back.

So, I`ve printed of the bill in question and did a screen capture of the credits part of my account a few weeks ago and have kept going back to it thinking that I must have this wrong somehow, but still can`t so how.

Then, last week I decided it`s time to ring them and see what they say about it, logged into my account and things have been altered, what was a £207.52 credit has been changed into a debit, and there are entries that weren`t there before.

I rang them last week, got cut off.

Sent them an email, only reply I`ve received is an automated reply saying they will respond within 5 working days, today is day 8 and I`ve heard nothing.

I`ve attached captures, am I going mad and all this is right or have they pulled a fast one.

 

Thanks for looking,

Gpick.

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OK, don't ring them, you've emailed them, so keep that email you sent and their response.

 

Have a look on SP website and see what it says about customer service and the timescales they give themselves to respond and rectify your complaint.

 

Don't be too surprised that they're inept, they've just had a huge fine off the ombudsman for cr@p IT systems and customer service.

 

The longer they take to rectify your complaint the better for you.

 

I think, although you'll have to do your own research on their site, that they have 8 weeks in which to rectify your complaint, after which, you can escalate it straight to the ombudsman for investigation, which is what you want ideally.

 

Keep an eye on your credit file to see if they are dumb enough to leave markers on your file,, if they do, then you may have grounds for suing them for defamation.

 

Keep EVERYTHING in writing or email ONLY, unless you can record your calls?

 

And obtain ''proof of posting'' which is free from the PO counter, and keep with a copy of the letters you send them, keep a diary of events also.

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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There has been some recent media on Scottish Power accounts problems.

 

Does not make much sense what you have posted. Can't follow the account transaction attachments you have posted. I think they have had problems with your account over a period and it has been a gargled mess. Someone at SP need to manually go through everything.

 

You really need to known how much you have been charged for energy and how much you have paid over say the last 2 years. I think you should raise a complaint about the state of your account records.

We could do with some help from you.

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Hi, thanks for the replies, I`ll try and make it a bit clearer what has happened. Last year I raised a complaint with SP that ended up going to the Ombudsman, it was decided that we had overpaid and SP should refund the overpayment of £207.52. In June I received a cheque for that amount. If you look at the attachment with the red ring, you will see that they "credited" my account with £207.52, but the balance to the right that normally goes up with each credit, in this case didn`t, but when they sent me the cheque, the balance was reduced, so the refund they sent me was from our credits.

Also, on Septembers bill, the £207.52 was added to the bill, meaning we have now paid it them back.

 

Hope that makes sense.

GPick.

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Give them an email or send a letter, outlining what has gone on, and what it is they need to do to rectify it, they'll probably, hopefully, send you another cheque?

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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Emailed them last week, I got an automated reply saying 95% of emails take 2 day for them to respond but to allow 5, it`s now over that and still nothing. I`ll send another over the weekend.

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Start their complaints process, it might rattle their cage a bit and get them to hurry up!

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 again,

I emailed SP again last week, and once again my email has been ignored (apart from the auto response), I have now emailed them back asking that it be sent to their Customer Care Team in line with their complaints procedure here - https://www.scottishpower.co.uk/customer-services/complaints/

 

Thanks,

GPick.

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Follow it up with a written response, outlining your complaint and that they have failed, miserably, to even follow their own complaints procedure, therefore should they insist on continuing their ignorant attitude to their customers, you will inform the energy ombudsman to investigate their failings.

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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Thanks for the advice, I didn`t know you could SAR and energy company, how would I go about that? How would I complain to the chief exec?

I`ve also found that the £207.52 that was added to Septembers bill has also been added to February 2016 bill as well.

I have received a reply from them now saying that the customer care team are now investigating the issue and have received a complaint reference number.

 

Thanks,

GPick.

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google for the name of SP chief exec and search for email addy. there are sites that list all company bosses emails.

As for the SAR, tell the person you last communicated with that you want the address of their data controller so you can do a SAR. There is a £10 fee for this but make sure that you get them to repay you this when you settle a comensation offer from them.

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Thanks,

I have sent a email requesting the address of the Data Controller and have found the email of the CEO here - http://www.telegraph.co.uk/finance/personalfinance/energy-bills/11183690/Scottish-Power-how-to-make-customer-services-listen-to-your-complaint.html

 

I haven`t emailed him yet, will do it today if I get time.

 

Thanks again,

GPick.

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