Jump to content


  • Tweets

  • Posts

    • E&W=England and Wales for correct sign see TSRGD paper on disabled parking and within that fig 6. note layout and size Whilst you are at it look at all of the suggested floor markings and bay sizes. The ones shown dont pass the regulations. That means they have fiale to meet planning regs. So then we look at intent- now they will argue that the intent is clear but then as the layout, markings and signage fail to follow the code of practice they will be considered advisory (as they should be on private land). Can it be true that you can be sued for ignoring someones advice, esp when there isnt a contractual term that says anything about it in the first place? In the fullness of time you will be copying this pdf and using it as evidence. In the meanwhile you stick to the deadlines imposed by the court procedure and if they fail to pay the allocation fee in tiem you ask for the case to be chucked out. At near the end of thsi month you post your outline defence via the moneyclaim portal and state that (1) the claim is denied as there  was no offer of a contractual term to breach in such a manner  (2) the claimant has failed to show a cause for action against the defendant, being the keeper of the vehicle because they have failed to follow the protocols of the POFA so cannot create a keeper liability in this matter.  The claimant has failed to identify the driver at the time (3) the Particulars of claim are so vague  it is impossible to determine what the claimant is actually relying upon to show a cause for action in terms of the location, date of event and how the the amount of the claim (sum of £160) was arrived at and particulary the signage they rely on to form a contract with the public. The defendant invites the court to issue a Case management Order under CPR3.3 to instruct the claimant provide evidence that signage that expressly offers a contract exists as claimed and that this contract was then breached as the defendant believes that the claim has no reasonable grounds and is a waste of the courts resources and should be dismissed if such evidence is not produced.   the last point may well be ignored whislt the paperwork is processed at Northampton as they dont read much of it and it will only be read once it gets allocated to your local court so prepare to get as far as a hearing in any case.  
    • At the end of the day, I tend to agree that they have been more than reasonable.
    • The Prime Minister of Luxembourg has just held a press conference without boris Johnson,  and all that was in his place was an empty podium and a UK flag.   We are absolute laughing stocks... the Luxembourg prime minister didn't mince his words either...
    • Followed. I believe they've sent everything to me. I've re-upploaded. I meant Provident never sent the notice of assignment not default notice. Looks like the default notice would have come from Vanquis. CCA Reply Lowell_compressed.pdf
  • Our picks

newmoses

24/7 Home Rescue....Breach of contract or more?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 299 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

NOT SURE IF THIS IS THE CORRECT SECTION SO MODS.,PLEASE MOVE TO CORRECT SECTION IF NEEDED.

 

A colleague at work paid a one off yearly fee of £183.48 to a company called 24/7 Home Rescue.

 

This is for cover in the event of any breakdown on boiler, plumbing, drainage, electrical, Central Heating Systems, pest control etc.

 

it is for anything to do with the home.

The benefits include No charges for parts, No charges for labour, No call out fee, unlimited call outs, unlimited claims etc.

 

Fast forward to 1 breakdown of a radiator being completely cold.

A call was made to the company and an engineer was sent out, but not before a charge of £75.00 as a "Security Payment", according to the telephonist.

 

The said fee was paid, and an engineer sent out to investigate.

The fault was with a thermostat.

The item was removed, and given to my work colleague.

 

He was told that for it to be replaced, there would be a charge for the replacement part, even though the contract clearly states, NO CHARGES FOR PARTS.

 

The colleague refused to pay for the part on the basis, his contract terms and the yearly fee paid. When he asked for the £75.00 "security payment" to be refunded, it was refused.

 

I was asked if I can help out.

My guess is that the company have broken their terms of the contract by charging a £75.00 "security payment" and then refusing to refund it, and also wanting a payment of £24.00 to replace the part.

 

Surely the yearly premium of £183.48 covers what the terms of the contract states. Am I correct?.

 

Also is this not a breach of the Misrepresentation Act 1967, by offering something then changing their mind/moving the goalposts to suit them?.

 

Are there any other laws that apply that I have missed, and is there any governing body that can step in and intervene.

 

Any help that I can give to the work colleague would be greatly appreciated.

Scan_20181117.jpg

Scan_20181117 (2).jpg

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

Please will you post your attachments in PDF format. Multipage single file. The small print in your JPEG is as difficult to read.

 

On the basis of what you tell us, it has nothing to do with the misrepresentation act. It is a breach of contract. Simple.

 

I would suggest that you send them a letter before claim. Given 14 days or you will sue. Only make this threat if you're prepared to go with it. Don't bluff. At the expiry of 14 days, just go ahead and start your county court claim.

 

Don't muck around.

 

Use the intervening 14 days to open your free account with money claim online and to start drafting your claim – which will be extremely simple.

 

Read up the available information on this forum about bringing a small claim in the County Court to discover how easy it all is. I can imagine that they will ignore your letter before claim that once you issue the papers, they will start to take you seriously and at some point they will put their hands up.

 

If they file a defence then please will you post up your claim here and also their defence in PDF format


Share this post


Link to post
Share on other sites

get the bank to do a recharge on the grounds that this was a deposit for services that were covered by an insurance policy offered by the company.

(that is what it is in reality)

 

If the bank refuses then let them know a court claim is in the offing but also let the bank know they are in breach of the banking code and that will be off to the ombudsman, which will cost the bank as lot more just to have it considered regardless of outcome

Edited by dx100uk
Space/spell

Share this post


Link to post
Share on other sites

Thread title updated to include the Company Name......General Public should be aware of their practices.

 

 

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

 

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

Share this post


Link to post
Share on other sites

Hi

 

The date on the Plan is 09 Nov 2018 (first Image), did they follow the instructions (right of letter underneath Refer to T&C's where it says 'Important) as there are instruction they needed to follow to Validate as failure to do so can invalidate future claims? (did they do this)

 

Do you have a copy of there Terms & Conditions is so could you post them here in PDF Format

Edited by stu007

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

Hi Stu007.The work colleague had no previous/existing faults when he took the policy out.Apparently,the company have tried [causing problems] a lot of customers like this.

Many thanks to all for their input.The colleague has drafted a Notice Before Action to the company.he has also asked his card issuer to refund him under the Consumer Credit Act.They have asked for a copy of his contract.

I will update as and when he gives me any more info.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...