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    • Hi I'm after some help with trying to get my wedding car hire deposit returned. I'll provide a bit of a chronological background to try and keep things clear. January 2020 - Began booking church, venue and other services for our Wedding for 29th May 2021 - 100+ guest during the day, and 200+ on the night. 25 Jan 2020 - Attended Exclusive Wedding Cars (EWC herein). Booked and Paid deposit for 1 Beetle and 3 Camper Vans = £400. Corona came along and we were in and out of lockdowns. Competitions and Markets Authority (CMA) brought out some guidance for Wedding Services 7 Sept 2020. In mid January, we got back in contact with EWC via text, expressing our concerns over the wedding and Government imposed Public Health measures(we were currently in lockdown and no idea when things would return to normal), and that we were looking to move the wedding forward 1 year. 3 Feb 2020 - Emailed to cancel our Wedding date of 29th May 2021, after text had been sent and Steve replied asking for it to be sent via email. We asked if 28th May 2022 was available. 5 Feb 2020 - EWC replied to say they could not fulfill our new date due to other commitments. 7 Feb 2020 - We replied that we would have to cancel our booking with EWC, but would be in touch if dates changed again. 22 Feb 2021 - Government published Guidance (Roadmap out of Lockdown) - Stated, “Not before 17th May…Up to 30 people will be able to attend weddings…”. *Note again our wedding was for 100/200+ guests at the Stadium of Light, so not reasonable to have the same venue for 30 people. 5 Jan 2022 -  Called and spoke with Steve to see if they had any availability (any cars at all) for our date. He was driving and so couldn’t confirm.                         Exchanged some texts on the same day to which he replied in the evening, that they had nothing, but to keep in touch due to cancellations. 15 Jan 2022 - Started an email thread asking about deposits and their return. EWC went straight on the defensive saying we wouldn't be getting it back and we should check the contract. We asked for a copy as we were not given a copy when we booked. 17 Jan 2022 - Emailed to ask for the return of our deposit. EWC replied that since we cancelled within 4 months of the wedding date, they now wanted the remaining balance of £850, and we should check the contract. We asked for a copy of the contract again, and that we would seek legal advice. EWC replied with ever increasing sarcasm, saying we would receive notice demanding the remaining balance of £850 in the post. I replied that if they didn't supply a copy of the contract I would send them a SAR.   20 Jan 2022 - Sent a letter via Post and email, asking EWC to reconsider their position. We stated we believe the contract to have terms that would be deemed unfair; terms that were not clear; there is a ‘Significant imbalance’ concerned with the parties’ rights and obligations, which can be seen as disproportionate financial sanctions; their ‘Terms and Conditions’ appear to seek to remove the consumers rights, while removing their obligations, but allowing them to make an unjustified windfall gain. We also stated that we believe the guidance and statements by the CMA, suggested that since the wedding we had planned couldn't go ahead (we'd be breaking the law with the numbers we wanted) on our planned date, and that a reasonable person wouldn't expect the wedding to go ahead when we cancelled the date, that we should receive a full refund as they were not out of pocket. We gave EWC 14 days to respond...it took them 6 hours, basically refusing our request while coated in lashings of sarcasm and arrogance.   I'm guessing my next step would be Letter before Action? Any help much appreciated. Attached is the "Contract" - removed the signatures, but you can see the whole contract. The booking form has no Ts&Cs or costs of any kind, just addresses, personal info and the vehicles.     EWC-Contract.pdf
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    • So tomorrow your daughter needs to SAR UKPCM, and get a free Certificate of Posting from the post office.  It's a good idea to stick in a copy of I.D./proof of address otherwise they will use lack of to delay.   Let's be quite clear that this is last chance saloon for her.  No-one will remind any more.  If she doesn't SAR them this time then she will have to compile a Witness Statement and then appear in court without having a clue about what happened.  So get the SAR off tomorrow.
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Lowell and Provi doorstep loan CCA


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looks like they are trying the ppi miss sold one but this is neither

this is irresponsible lending

 

I have e mail FOS saying this was irresponsible lending and have stated that they will not consider it and I think FOS are interested in this claim

due to the ongoing issue with provi

we will wait to see what FOS comes up with

 

thanks DX

 

Thank you for your email to the Financial Conduct Authority (FCA).

 

I understand that you are looking to make a complaint to Provident about irresponsible lending and the firm have rejected this on the basis that it is more than six years ago. You want to understand if the six years is from inception or six years after the last payment was made.

 

FCA Rules

DISP 1.8 Complaints time barring rule

If a respondent receives a complaint which is outside the time limits for referral to the Financial Ombudsman Service it may reject the complaint without considering the merits, but must explain this to the complainant in a final response in accordance with DISP 1.6.2R.

 

The complaints handling rules set time limits for consumers to refer complaints to the Ombudsman. After these time limits have expired, the Ombudsman will need the firms consent to look into a complaint.

 

Generally, these time limits are:

 

  • six months from the business sending the consumer a final response; and
  • six years from the event the consumer is complaining about (or three years from when the consumer knew, or could reasonably have known, they had cause to complaint).

Accordingly the rules do not specify whether the period begins from inception or from the date of the last payment as you are asking, rather from when you knew or could have reasonably known. If you are complaining about mis-selling then the mis-selling would have occurred at the beginning of the term of the contract and not at the date of the last payment.

 

I hope this information has been helpful.

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well I don't think the irresponsible lending stuff that we saw against PDLs was even around 3yrs ago?

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... 

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id wait

the FOS will pick up on things like that I'm sure

we've not seen the FOS ever mention statute barring toward any IRL claims to date

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... 

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from FOS

Hi

 

As the firm will not accept a complaint from you on this matter then the Financial Ombudsman Service will not have jurisdiction to take a complaint from you.

 

That would leave you with seeking out your own independent legal advice on this matter.

 

 

The Citizens Advice Bureau provide some legal guidance and may be able to provide you with some guidance on your next steps legally.

 

can Andy englighten us on this one???

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you've already outlined it in post 76

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... 

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  • 3 weeks later...

Good moving fwd.

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... 

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  • 1 month later...

Reply from fos

provi wont let fos look at the loans as it is over 6 years and they dont keep documents for longer than 6 years

 

however, told fos that provi have supplied me with accounts which span for 9 years

and that also they shouldn't need to talk to their agent regarding my credit search as they should have done this themselves

 

fos came back stating that they will look at the paperwork again and contact provi

 

Might not get me anything but its another official complaint against provi

 

when they wont want anymore

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  • 4 months later...

e mail from FOS investigator he is now in receipt of my files and will investigate further

 

however from lowlife asking if i was willing to make an early reduced payment this letter is now in the drawer

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  • 5 months later...

update from FOS

they have sent me a letter stating that they have had so many people who are quoting the 3 year period that they are looking at cases to see if

the arguments are justified in following the complaint

 

its just a matter of waiting

however if they do pass that they must pay then this will open the flood gate for so many people who have been treated wrongly

thanks

Edited by dx100uk
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yes a little dicky bird told me the FOS/FCA are seriously looking at this mis-interpretation of the CCL 3 yrs stuff

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... 

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