Jump to content


  • Tweets

  • Posts

    • Good morning.    I would like some advice please.    I recently (19th nov) bought a Samsung Galaxy S20+ from currys. I did open and set up the phone to try it out but 1) wasn’t keen on it and 2) had trouble with the usb connection when trying to connect with my car stereo.   I decided that I would seek to return it, but only on trying to return it came across the stipulation that if data/software has been installed then a refund would not be issued and after calling was told this was due to GDPR. I did point out to them that phone providers will issue full refunds even if the phone has been set-up and also that in order to be able to test the phone it requires setting up and software/data being installed but was told that it’s their policy.   I acknowledge that I may have handled it more than is reasonable in a shop as you wouldn’t be able to install software in a store, however the phone did need to be set up in order to test it, the phone has been returned back to factory settings and didn’t leave a case or the plastic film for the two days I used it for. Therefore I do not believe it was handled more than necessary.   Having looked at the CCR and CRA I called back to state that their store policy is super erred by the previously mentioned regulations and that their policy contradicts the Consumer Regulations Act.   As you cannot properly test the phone without having to install software on it, their policy creates an unfair term which I told the customer service agent over the phone who spoke to her manager and told me to contact their legal department.   I am still within the 14 day notice of return period so wish to try and preferable use this route.   Any advice at all please?
    • Here is all the details (hopefully) in one post.   The Ford Kuga was purchased from Fast Motor Finance LTD Crawley on 8th September 20 Mileage at purchase was 109520 through HP fiancé via Advance Finance Grimsby   The car was covered by a 6 month warranty that includes engine & gearbox but excludes clutches, flywheels or any wear & tear (Taken from the garages website)    Service History:   08-04-2013 Pre-delivery Inspection 26-11-2013 12809 Service (no paperwork just stamped book) 09-07-2014 25963 Service (no paperwork just stamped book) 09-02-2015 36814 Service (first Invoiced service but no paperwork just stamped book). Gearbox service would of probably been done here but can't verify. 16-02-2016 50385 Service  (Full service, paperwork and stamped book) 31-03-2017 64680 Service (Full Service, paperwork & stamped book) 13-02-2018 76988 Service ( Full service with gearbox service, paperwork & book stamp) 29-03-2019 92592 Service (Full service with paperwork & book stamp) 11-02-2020 106322 Service (Basic Service, no paperwork but book stamp)   As there was no paperwork for last service the garage which serviced the car were able to email over that the service was a basic oil & water change and that the gearbox oil and filters was not changed.   At the beginning of November the gearbox started making some noise and was having trouble selecting gear.   The finance company  asked for the car to be taken to a VAT registered garage to find out what the problem was and not to drive it further.   After the garage looked at the car the estimate was for a full service of the gearbox which would be £370 but because it had gone over Ford recommended mileage for the gearbox there would be no guarantee this would clear the problem and that would mean a replacement gearbox would be needed.   Since picking the car up in September the car has driven 1500 miles.   Spoke to the garage as was informed that the car was over 30 days old and there was nothing they could do and the gearbox would not be covered by the warranty as this would be normal wear and tear!   The warranty company said exactly the same and would not entertain us.   After countless calls and emails to Advantage finance a formal complaint was raised and they finally agreed to send one of their mechanics to inspect the car last week 19th November. The mechanics ahs reported back to Advantage that the noise is down to wear and tear and Advantage have closed the complaint and are sending out a deadlock letter that includes a copy of the mechanics report.   Would their mechanic have to be DEKRA registered to complete the report or Advance Finance own mechanic?   This now means that the car cannot be driven is still at the garage and will need a minimum of £370 to make it driveable on a car that has been driven 1500 miles since collection without a guarantee that this will cure the problem.   We are both key workers that need the car to travel to and from work as well as take our son to nursery, and at the moment having to rely of friends and family to help out with lifts.   I have spoken to Ford and they have told me these car need to have the gearbox serviced at around 35k and at a very maximum of 37.5k and have put this on letterheaded paper, I have also emailed a couple of other Ford and independent dealers to get details of this as well.   Would it be worth getting an AA or RAC inspection done to check the gearbox and to see if there is any other problems with the car.   Thanks again to everyone epically dx & Bank fodder who have helped me with advice.   JJ    
    • nothing they can do anyway so..   dx
    • I've successfully had a Claim discontinued using the exact stages recommended by Andy and DX. They are outstanding individuals in the fight against these dreadful DCA's! Good luck.   'L' will likely pull out at the eleventh hour but mean time try to fob you off with bank giro slip copies as Contract proof lol. Stand your ground!   Also my Letter Before Action actually came AFTER the  Money claim. They can't even get the pre-action protocol right.   Another thing they tried was pretending to send papers that looked like they were from the court for me to sign re: Claims Track.. Boxes had been pre-checked by them to dupe me into signing their preferred action. I printed out my own and sent those to the court instead. 
    • Talks about borrowing £30m have reportedly failed, potentially putting 15,000 jobs at risk. View the full article
  • Our picks

Hoist/Cohen claimform - Barclaycard


Please note that this topic has not had any new posts for the last 1230 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Many thanks Andy. Do I reel off a copy to cohen, the court and keep one for myself ?

 

Yes..in line with dates prescribed in your Notice of Allocation (Directions)...attach copies of your CCA and CPR requests and any responses..ideally were you refer to the claimants disclosures and your requests sent within your witness statement you should mark your paragraph (see exhibit 1a..1b ) etc and copy and attach the agreement/T&Cs/DN and anything else that you refute.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • 2 weeks later...

Hi

 

The date in court for this is later this week. Any final tips or advice anyone can offer ? What to expect ?

 

Will I have to talk much or will the judge see from the witness statement my argument ?

 

Cheers

Link to post
Share on other sites

The District Judge will lead the trial and you will be asked at the relevant stages for comment...so be prepared to expand on your statements and have the relevant documents easily to hand so yu can quickly refer...keep calm ...talk clearly...anything you dont understand or disagree with then state so.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Depends on the complexity of the claim...1 hour to hour and half

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Absolutely awful that. Judge was vile. Upheld everything they claimed.

 

Statute barred runs from default notice termination not last payment.

 

 

BMW case is good to use with credit cards too.

 

Carey was also good to use with any old agreement thrown together.

 

 

Even pre 2007 ones.

 

 

Lost on everything.

 

Still in shock

Link to post
Share on other sites
Absolutely awful that. Judge was vile. Upheld everything they claimed.

 

Statute barred runs from default notice termination not last payment. - no it doesnt

 

 

BMW case is good to use with credit cards too. - no it doesn't only on a very narrow selection of HP agreements

 

Carey was also good to use with any old agreement thrown together. - no it doesnt

Even pre 2007 ones.

 

 

Lost on everything.

 

Still in shock

 

 

judge lottery

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
Absolutely awful that. Judge was vile. Upheld everything they claimed.

 

Statute barred runs from default notice termination not last payment. Wrong.... termination Notices are not issued on Credit Cards

 

 

BMW case is good to use with credit cards too. Wrong

 

Carey was also good to use with any old agreement thrown together. Wrong..Carey is about requesting a copy of the agreement..not enforcing it

 

 

Even pre 2007 ones. As above

 

 

Lost on everything.

 

Still in shock

Bet you are...sometimes you get these judges as DX refers to Judge lottery....not interested in Consumer Credit Law..not interested in Defendants and Justice ..probably in a rush to get home watch the tennis and complete his/her expenses for the day.

 

Post when you get notice of judgement Benny.....and we will get it down to £1 per month.

 

Commiserations.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
Bet you are...sometimes you get these judges as DX refers to Judge lottery....not interested in Consumer Credit Law..not interested in Defendants and Justice ..probably in a rush to get home watch the tennis and complete his/her expenses for the day.

 

Post when you get notice of judgement Benny.....and we will get it down to £1 per month.

 

Commiserations.

 

Andy

 

 

Thanks.

 

That's the thing also. When he said the full amount plus cost was payable he took immense pleasure in informing me the full amount MUST be paid within 28 days. Little other option. Honestly it was horrific.

Link to post
Share on other sites

Commiserations Benny, did the fact that the s78 was unreadable hold no merit? There are examples of Judges going the other way on that if you care to read them, google cabot financial vs bachellier for one example. Unbelievable the discrepancy between Judges verdicts in these cases.

Link to post
Share on other sites
Commiserations Benny, did the fact that the s78 was unreadable hold no merit? There are examples of Judges going the other way on that if you care to read them, google cabot financial vs bachellier for one example. Unbelievable the discrepancy between Judges verdicts in these cases.

 

Hardly going to bother about that looking at the list above which was of no concern to him....

 

Benny...you can submit an N245 for a forthwith judgment (see Legal Library) you can get exemption on the fee if eligble £50.00...you complete the I&E and offer of payment...I assume you have very little left after your living expenses so will be offering £1 per month

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
Commiserations Benny, did the fact that the s78 was unreadable hold no merit? There are examples of Judges going the other way on that if you care to read them, google cabot financial vs bachellier for one example. Unbelievable the discrepancy between Judges verdicts in these cases.

 

Honestly he didn't want to know. They could have brought anything and he'd have accepted it. He was more than happy that Carey allowed you to use anything reconstituted as long as it had a signature and address. I was shocked he can't have taken much notice if any of my witness statement

Link to post
Share on other sites

I almost forgot. They wanted to impose extra costs at the end for my apparently "wasting the courts time for even bringing it to court"

At one point it even looked like he was considering this but came down on the side of "I had a few relevant points" so knocked this back !

Link to post
Share on other sites
Honestly he didn't want to know. They could have brought anything and he'd have accepted it. He was more than happy that Carey allowed you to use anything reconstituted as long as it had a signature and address. I was shocked he can't have taken much notice if any of my witness statement

 

Most probably didnt even read it.

 

I almost forgot. They wanted to impose extra costs at the end for my apparently "wasting the courts time for even bringing it to court"

At one point it even looked like he was considering this but came down on the side of "I had a few relevant points" so knocked this back !

 

That was generous of him.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Not for everyone, but have you thought of appealing the decision? It has to be on a point of law but any Judge cannot go against precedent or legislation, unless they are a higher court, which this wasn't.

Link to post
Share on other sites
Not for everyone, but have you thought of appealing the decision? It has to be on a point of law but any Judge cannot go against precedent or legislation, unless they are a higher court, which this wasn't.

 

Have considered it. Is it worth it ? What's the likelihood of success ?

Link to post
Share on other sites
Have considered it. Is it worth it ? What's the likelihood of success ?

 

I went to the court of appeal on a case that was originally for for £680. I had to do it all myself as although I was on very safe ground, i.e. the magistrate made an a55 of himself, i did not want the cost of a lawyer if it went south. Likewise, I asked for costs when I won and got nil awarded, despite spending fully 5 minutes doing an Al Pacino impersonation from Carlitos Way. Its hard work and the court system will give you zero assistance.

 

You may well get £1 a week payment but ultimately you still have to pay c3k. It sounds like the DJ got it wrong and if the agreement is not in the prescribed form then it is not enforceable, as established in a higher court.

 

You have to decide and there has to be a compelling reason for raising an appeal, such as a mistake in law. This forum would need to see the full transcript to give its view, at the end of it all, it is an opinion based platform, but within the relevant range of the legislation "CCA" and precedent - the highest court having sway, and a lower court CANNOT go against that.

 

What some forget is that judges can be crap, or just human, and make mistakes.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...