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    • The adjudicator made the decision. He sent a letter to the bank saying he believes I am in the right. They should pay the debit amount. Give me the cash back that was left in my account and also pay me £150 compensation. Then clear any default notices with Equifax.    The bank and I agreed with his findings and because of this it didn’t go to an ombudsman. He also said Barclays would write to me once all completed. As I said nothing has been done.    I emailed the adjudicator today and he has emailed a copy of his letter that he sent to them detailing the above. Then I have the email from him where he states they agreed with his findings and they will do as he said. 
    • Could you glance your ever so helpful eyes over this before I tidy up and submit much appreciated! ws bwLegal.pdf
    • Hi Andy, I'm going to go with the para you have mentioned in post #94, as the hearing is this Friday and I want to get this in the post today and emailed to court in the hope of Cabot calling the court and discontinuing the claim before Friday!    I made a slight adjustment, is this ok?   1. Since the last hearing dated 4thDecember 2019 I have discovered that I have in fact held two agreements with Capital One Bank (Europe) Plc in the past. One branded a Luma Credit Card Account Number XXXX which was issued in 2012 and a Capital One Credit Card Account Number XXXX which was issued 2015 and is currently being serviced by Arrow Global. Therefore the disclosed Reconstituted Capital One Credit Agreement presented in this claim cannot possibly be true or connected to the Luma branded Credit Card that this claim relies upon.   Thanks, Roland    
    • Hello, Firstly, I am a few steps into this whole process so unfortunately I have missed out on the advice which states what I should have done initially. I am hoping I can still salvage my situation from this point. Facts- - I own the flat and the parking bay that comes with it. - The management company have hired a separate company (LinkParking) to manage the parking. - I have a permit for my car but my car was elsewhere which is why I couldn't give the permit to anyone else. - My girlfriend parked her car in my bay without a valid permit, instead we had a photocopy of the original permit - I realise this is where I went wrong but the original permit itself was printed on a piece of A4 paper AND when I bought the flat I was never told about requiring a permit and had issues with these guys before. Unfortunately we appealed to LinkParking with a substandard appeal (I realise this was substandard after reading through everything else on these forums). They of course denied it. We then appealed to IAS directly based on guidance from other websites, copy of the appeal is below- I was issued with a parking ticket on 20/12/2019 but I believe it was unfairly issued. I have responded to this notice and 'LinkParking' have denied my appeal and have requested I contact the IAS. I am writing to you as per Section 7.4.2 from the IPC Code of Practice and would therefore like appeal this notice on the following points The car was parked in my own car parking bay which I OWN. I was still unfairly issued with parking tickets. The lease agreement does not state that I require a permit to park in the bay as I own the property and the parking bay that comes with it as per the HM Land and Registry register. This lease has primacy of contract over any agreement the management company may have with LinkParking and therefore legally is invalid. The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. The monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. The contractual breach can have caused no financial loss whatever to LinkParking or to the land owner.   Once again, the car was parked in my OWN bay and therefore did not cause damage to any third parties. The Parking Charge Notice constitutes an invoice for payment.   Accordingly the invoiced charge must include an element of VAT. However, the parking charge notice does not state either a VAT registration number or an invoice reference number and so cannot constitute a lawfully valid demand for payment. Having examined the parking charge notice further I believe it is a non compliant demand for payment as the notice wrongly requires payment to be made “within” 28 days of issue which is contrary to statutory requirement that provides a period of 28 days from the date of receipt. As a sign of good faith, I had purchased a permit anyway to avoid any unnecessary hassle for both parties but have been issued a notice anyway which is unacceptable.   I understand that LinkParking are appointed to monitor the car park to prevent trespassers and I agree with this but it seems it is the residents that are being 'ticketed' without good reason for parking in their own bay. I look forward to hearing from you.   We have now received the following response today- The operator made their prima facie case on 27/01/2020 14:10:48. The operator reported that... The appellant was the driver The appellant was the keeper The operator is seeking keeper liability in accordance with PoFA.. A manual ticket was placed on the vehicle The ticket was issued on 29/12/2019 The charge is based in contract The Operator made the following comments... The appellant parked their vehicle on land we manage and incurred a charge as they were not displaying a valid permit. Our signs clearly advertise the terms of parking and the charges which apply if they are met.   The appellant chose to display a very poor copy of one of our permits, it is a fraction of the size of a valid one. We are unsure why they chose to do this and to date we have not received an explanation.   We do not have to prove any loss and invoice does not have to have a VAT number on it if the issuer is not VAT registered. Our PCNs have passed audits by the IPC and DVLA.   In addition to this I have also looked through all my documentation with regards to any requirements to require displaying a permit in the contract and I can't find anything. I've owned the flat for almost 2 years now and I do not believe I was given any documentation which mentions this. I have also looked at the HM Land Registry document which doesn't state I need a permit and I believe this ties in with the Primacy of Contract (my law understanding isn't the best). I have also contacted the management company last week to request all information from them with regards to giving me copies of documentation which covers car parking, building services etc. so I have everything. What really annoys me is that I didn't cause anyone any damage AND I WAS PARKED IN MY OWN BAY!!! I really hope I haven't messed it up too much and this can be salved.   Any help for a response is greatly appreciated! Thanks!
    • Yes DX, both come up as Cap 1, one a classic Card and the other a Mastercard. 
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Hello,

I'm after a bit of advice,

 

I've had my car 2 and a half months and the engine has ceased due to a lack of oil getting into the engine.

 

It has had the engine removed by a BMW specialist and they have diagnosed that the oil pump has gone faulty as there is plenty of oil in the sump tank.

 

I have tried to claim this through warranty as the car requires a new/refurb engine.

 

The warranty company are finding every way under the sun not to pay out.

 

I'm 19 so I don't really know where I stand :???:

 

so some advice would be greatly appreciated.

 

Thanks

Edited by dx100uk
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Well now you start to understand some of the truth about extended warranties.

 

I'm assuming that this car was bought from a dealer? Please confirm and please tell us which dealer it was.

 

If you look at the Consumer Rights Act you will discover that the responsibility is with the seller and because you have had the car less than six months, there are entitled to attempt one repair and then if the repair fails, you are entitled by law to insist on a refund or replacement – at your option.

 

Who was the dealer?

Have you contacted the dealer about this? And what have they said?

You should start off by getting a written opinion from the BMW specialist and then we will help you with your options.


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The car was bought from a dealer in Bryn, Wigan called Merit Motor Company.

 

I was hoping to get it sorted through warranty but as they are finding every way out of it I am going to ring the garage and explain the situation to them and tell them they have 1 chance of repairing the vehicle.

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I should Hang on a minute if I were you.

 

We have told you what your legal rights are here. I would suggest that you don't get into a conflict-oriented conversation with the garage at the moment. I suggest that you simply present them with the problem and say to them that as the car has only recently been purchased from them, you'd like them to repair it.

 

If they then start to fob you off then come back here and tell us what they said and then we will help you write them an appropriate letter and start to take control.

 

I don't think it's a good idea to start phoning and start blasting on about legal rights before you know that they're not going to be cooperative. You never know they might be excellent dealers.

 

How much did you buy the car for? How old is it? Did you pay extra for the extended warranty? Can you please let us know a bit more about what Centurion's excuses are


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I paid £6795 for the car. It's a 57 plate and I paid £250 for the extra 12 months warranty.

I will present them with the problem and take it from there.

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Should I say to Merit Motor Company that I have spoken to trading standards and I am well in my rights to ask for him to repair the car?

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No. Trading standards amount to nothing. They don't deal with individual complaint such as yours.

 

Don't say anything to them unless you understand what it is you're saying because if you start bluffing you will be called out on it and then you will lose credibility.

 

Simply begin with a nice polite telephone call telling them the problem and asking them for their help. Read our customer services guide first. Implement the advice there.

 

I asked you to let us know why centurion were refusing to help – but you haven't responded. Please answer my questions.


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Sorry, they were refusing to help because they was saying there was no way the problem could of occured so suddenly and that I should of notice that the engine wasn't getting oil to it. They said there should of been some indication such as warning lights but nothing had come up on the dashboard. They also said that I should of heard the engine begin to knock but I heard nothing on the last journey in the car.

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Thank you. Have you been communicating in writing or is this all on the telephone? If it is in writing, please can you post up their letter in PDF format.


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I have been communicating via telephone but I hadn't been recording my calls until now after following your advice.

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So the excuses you have received from centurion are simply verbal.

 

I think you need to get a paper trail going urgently. Write an email to centurion explaining to them exactly what has happened – giving them the detail and also the action that has been taken subsequently i.e., the inspection and the opinion of the vehicle inspector as to what has caused the problem.

Tell centurion that you want to make a claim and that they are free to inspect the vehicle at XXX address where it now is. Asked them if there are any forms which need to be completed and asked them to send them to you immediately.

 

Tell them that you are very disappointed that you have already called them and that their first reaction was to deny any liability under warranty on spurious grounds. Tell them that you are waiting for the claim form by return and that you want the vehicle repaired by them as quickly as possible.

 

It is very important to be able to show that you have called them and what they have said to you. Because you have no recording, you are putting down in the email what their reaction was to you so that it is clear and if later on you have to take some slightly more serious action such as bringing a small claim in the County Court then you will have some evidence.

 

I'm suggesting that you take this action in respect of centurion simply in order to protect you and to give you a second string to your bow. However, the principal responsibility is with the dealer. Telephoned the dealer as I have already suggested and come back here and let us know what has been said. Record the call.

 

Who is it that recommended the centurion extended warranty?


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I have had a look at the centurion warranty.

 

If they stick to their position then I suppose that they are trying to rely on paragraph 15 and also paragraph 27.

 

I see that their paragraph 14 disclaims any reimbursement for repairs if you have not followed the correct claims procedure as detailed in your warranty agreement. This is an unfair contract term and it is unenforceable. Once the insured/assured risk has occurred then failure to carry out some administrative requirement in the contract will not relieve them of their liability.

Warranty Book 2016 F4.pdf


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The warranty company have already been out to inspect the vehicle and it has been 2 weeks since the vehicle has been in the garage. It is upon the inspection that they have said that it's not tallying up and they are in talks with the director to see if they are paying out or not. The garage said about extending the warranty to 12 months for £250.

Edited by samandroid1998

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I have had a look at the centurion warranty.

 

[ATTACH=CONFIG]71349[/ATTACH]

If they stick to their position then I suppose that they are trying to rely on paragraph 15 and also paragraph 27.

 

I see that their paragraph 14 disclaims any reimbursement for repairs if you have not followed the correct claims procedure as detailed in your warranty agreement. This is an unfair contract term and it is unenforceable. Once the insured/assured risk has occurred then failure to carry out some administrative requirement in the contract will not relieve them of their liability.

 

Sorry I don't understand what you mean by the paragraph 14 section?

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Don't worry. It doesn't apply to you. I'm just making a little criticism of their terms and conditions.

 

You haven't told me who it is recommended centurion?


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Ah right okay no worries. And I have just ammended my previous post.

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I hadn't realised that there had already been inspection. I gathered from you that there had simply been a conversation in which they had rejected your claim.

 

As they have carried out an inspection and the car has been in the garage for two weeks, I think you should send them an email – but not one I suggested earlier – telling them that the matter is now going on rather too long and you need a definitive answer. Tell them that you are very disappointed that their first reaction seems to be that they are disclaiming liability because of what you consider to be spurious grounds.

 

Tell them that you need an answer immediately.

 

At the same time, please start dealing with the garage as I have suggested above. This is extremely important. You need to get an answer from them as well.

 

Once we get the information back from the dealer and from centurion then we can consider the next step to take


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So the people who sold you the car also recommended the warranty. I wonder if they got a commission out of it?

 

I suppose this could be helpful because that would mean that the dealers should realise that if centurion doesn't do the job, then they, the dealers will have to. This might help the dealer to put some pressure on centurion.

 

I hope you understand a bit that extended warranties generally speaking are a waste of money. You're much better relying on your statutory rights which could last you for up to 6 years depending on the problem that develops with the vehicle – or other item.

 

Extended warranties are really a bit of a con trick


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Yes the dealer recommend the warranty and gave it me at trade price.

I only took out the extended warranty as a precaution as I'm only 19 years old and dreaded something like this would happen.

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I have also sent centurion warranty an email requesting the engineers report/s and that I want an immediate decision as soon as possible so I then know what my next step in the process is.

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Okay, have you spoken with the dealers yet?


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Just my luck... The garage is shut till the 10th April...

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Are you referring to the dealer Merit Motor Company or are you referring to the garage which currently has your car?


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