Jump to content


  • Tweets

  • Posts

    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Currys 5 yrs extended Warranty


ray_uk
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2650 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

On the 25 March 2011, I purchased a washing machine from Currys in Cardiff.

 

 

After paying by card, the salesman ask me if I wanted extended warranty in case of breakdown.

 

 

I refused the offer, as I live on my own and does all my washing every 1 to 2 weeks.

He was telling me all sorts of rubbish.

I again no and went home.

 

 

This week Jan 2017 I had some problems with my bank account.

My Daughter helped me look through all my direct debits for me.

We noticed a transaction for currys, and yes it was a warranty for a fridge freezer I purchased from currys.

 

 

Going through further, we noticed another transaction from currys £6.45

I contacted currys and they told me its for my washing machine.

I told them I did not make any agreement.

 

 

I told them that the salesman done this without my permission and said that would be fraud.

 

 

After several emails I told them I was taking legal advice an gave them 7 days to reply.

 

 

I have passed their reply below.

How can I prove that I didn't make this agreement when I didn't enter into a warranty.

 

 

Please can you advise me. Thanks Ray Guy

------------------------------------------------------------------------------------------------------------------

There Message below

 

 

.Dear Mr xxxx,

 

Thank you for your email dated 13th January 2017. Please accept my apologies for the delay in our response.

 

I have noted your complaint regarding this agreement being set up fraudulently, to set up the agreement, you have to sign a mandate authorising payments to be debited from your account. As our stores only retain records up to six months we are unable to provide the proof necessary to substantiate your claim. Any proof regarding this allegation would need to be provided by yourself, upon receiving this we will consider your claim and get back to you once a decision has been made.

 

At the time of purchase, you would have been provided with a copy of the Terms and Conditions that advised you exactly which items were protected and how to cancel. You were also given a copy of the purchase receipt, which would have mentioned the agreement.

 

The monitoring of payments being taken from a card or bank account is the customer's responsibility. Your card statements should indicate who a payment is being made to and if there are any doubts or unrecognised payments the card provider should be contacted to check the details. We would expect any questions regarding payments to be raised promptly.

Link to post
Share on other sites

I had a similar problem once with carphone warehouse.

 

I think to begin with, you need to send them an SAR. This will cost you £10 and were obliged to disclose all the personal information they have on you – including statements agreements et cetera.

 

Of course, you can simply try to invoke the direct debit guarantee but of course it has been going on so long that may cause problems and also even if the bank refunded you the money, it wouldn't get any of the interest that you would be entitled to.

 

Better to treat this as an unauthorised extended warranty policy and to make a claim for all the money they have taken plus interest. Over a period of six years, it will add up to quite a bit.

 

Send the SAR. Don't send anything else the moment. Wait and see what turns up in the post – then come back here

Link to post
Share on other sites

Unfortunately it looks like you don't have a leg to stand on.

 

 

If this payment has been made for 5 years with no question then I think the law would probably take the view that either you had agreed to it or it wasn't important to you.

 

 

It's worth checking your paperwork and seeing what you are entitled to.

It's likely that according to the agreement, under certain conditions you are entitled to a new machine.

 

 

You've probably got accidental damage cover which you may be able to claim against.

 

 

I am sure there are a million and one things you could claim against to make sure you get value for your money.

 

 

I am NOT suggesting that you commit fraud.

 

 

However, claiming against your agreement is likely to be a better option than trying to get back all what you have paid in.

 

 

My advice, claim, get yourself a new machine and then stop paying. Good Luck...

Link to post
Share on other sites

was this a direct debt?

or is it a continuous payment authority as you paid by debit ? card?

 

 

unless you gave them your bank account details and signed a DD mandate I suggest the above.

 

 

don't like all you ideas here tiger, that's fraud?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Last week i saw a video about a guy who was playing with his crossbow and pierced his washing machine motherboard.

As he tried to pull the Wm out to unplug it, the door came off and the glass smashed on the floor.

Would this be considered accidental damage?

Link to post
Share on other sites

Very off topic but no it wouldn't...

 

For one using a crossbow indoors is an inherent danger to any thing nearby.

 

Especially the pistol kind as they have a nasty tendency to kick the bolt upwards if not inserted correctly.

 

Secondly the door wouldn't be classed as accidental due to Warrenty being voided by the crossbow bolt in the main board. ..

 

Thirdly what power crossbow is this? I use an 80lb one as standard although looking to upgrade and I doubt this would make it through the covering plastic metal shielding and then main board as well...

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...