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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Read Vs Vodaphone - default assistance required...


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Hi there, I am posting this on behalf of my partner re his battle with Vodaphone and a default they have put on his account. We wrote to vodaphone when he realised that his almost perfect credit rating had been reduced from 700+ (we believe) to just over 300.. the reason for the letter was because he never received a letter stating a default would be placed on his credit file, in fact he never had an agreement, let alone contract, he believed he had a free trail for a service that never even worked. He informed the company but they stated he had a contract and would not resolve the problem.... here is the letter he sent to vodaphone:

"Please regard this correspondence as a formal complaint. The grievance I wish you to resolve is regarding an erroneous adverse default that Vodafone have placed on my credit file.

In December 2005 I purchased a lap top from Ebuyer.com. With this purchase came a “free trail” for a 3G data card. I tried the data card in my lap top over a period of two weeks and subsequently found that this data card was unable to successfully maintain network connections. I rang Vodafone in the New Year to inform them the data card did not work and I did not intend to pursue this matter. Due to the nature of the advertisement I was under the impression that the “free trial” was exactly that. You can imagine my astonishment when I received an invoice from Vodafone. I informed Vodafone numerous times over the next couple of months of my grievance with the erroneous charges. I subsequently moved home twice and relocated employment, therefore meaning that this issue was not addressed correctly.

I eventually received a letter from Westcot Credit Services (October 2006) informing me I had approximately 1 week to settle, and immediately paid the debt. This debt of £49 is still showing on my credit file as unpaid. This is a fallacy and requires amending immediately.

My complaint is that I never received a preliminary letter or telephone call from Vodafone to say that a default notice would be served on my credit file. I am not prepared to accept this default on my file, primarily because no service was actually provided and secondarily due to the fact that no notice was provided prior to placing a default on my file. I would respectfully ask that you confirm whether or not you are legally required to conform to the CCA

I am currently trying to attain a mortgage, which will be severely impaired due to Vodafone’s irresponsible lack of default notification. I can provide character witness statements from financial companies to show that my credit until this incident has been impeccable. My credit score prior to the action Vodafone took was 700+, and has now been reduced to 335.

I am amazed that I can have entered into any form of contract with credit weighting without formally signing any documentation. I am also disgusted that your company has behaved in such a way that I am being held to ransom to try and resolve this because my credit is now restricted."

He has received a letter stating the following

Dear sir,

The trial you had taken from ebuyer as an independent dealership was a rolling monthly data card account (I thought a trial was exactly that?! a trial, not a credit agreement). Customers received £23.50 inc VAT of credit towards any data charges.

As no contractual agreement was in place (if V/phone admit no contract in place, how can they affect my credit file?!?!?! And how can they even justify an argument), no credit check would be performed as customers were only invoiced for any data used. (Unable to maintain a connection, hence the reason he didn’t want the trial)

I have spoken to our quality assurance team who will update your credit file, however the default will remain as satisfied. While the default was paid 5 months after the balance.

As with any company offering services on credit, we are bound by the consumer credit act (1974) It requires that any company fitting the criteria to obtain a license and as we have conformed by providing adequate notification of the default for non payment of monies owed, have abided by legislation (as I said my partner moved 3 times and was unaware that he had an outstanding debt, therefore received no default notice)

Also received with the letter was a form for my OH to fill out.. He requested a copy of his data, a data access request and sent a £10 cheque with his original letter. They are now asking him to fill out the "form" and send another cheque for £10...

How can we get the default removed, we are desperate.... any advice more than welcome, i really want to write back to the snotty nosed prat (i wont publish his name) and tell him to check his facts, please help us prove this shoddy company wrong......

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I would be inclined to write to Ebuyer complaining bitterly about their "free

trial" and asking for their reaction. As the free trial was part of your contract

with Ebuyer,say you are treating the episode as a breach of contract

by them as you have had to pay the charge and been defaulted [all this

without having had a contract with Vodaphone]. You are therefore minded to

ask for your money back from Ebuyer. The card did not work on your computer

and you would not have bought it had it not been part of their package.

The threat may be enough for them to apply pressure on Vodaphone-

especially if the data card was badly received by other customers, or even

if it was a successful campaign.

 

Then write back to Vodaphone. Point out that they have admitted that there is no contract between you and the trial was free. You notified them that you

did not want to continue the trial because the card did not perform properly

on your computer. #

 

You said that you had already sent the £10-I assume that was for an

S.A.R - (Subject Access Request). Did you receive any documentation from them as a result of your request?

IF so, what did they send. Do not send them another £10.

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  • 2 weeks later...

My apologies for the late reply, thanks ever so for the advice... i did think i was right in finding the fact that there was "no contract" in place stated in the letter as highly amusing and downright illogical ...

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