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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
    • please stop posting up unnecessary unnamed screenshot files  you've done it throughout your threads and we have to renamed them. RENAME THE FILE before you upload if its just text information like a defence or a claim history or a link to a previous post  type it here not by an unnamed screenshot attachment  . sorry NM but you've been here dealing with PPC claims since 2021 somehow you always manage to screw up.......or do totally the opposite of std repeated advice on 10'000 of PPC threads here you are your own worst enemy... dx  
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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.

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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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Telewest/NTL/VirginMedia Have Been Naughty


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After sending VM a letter last week, I've got one back AND they called the landline today (despite my letter giving my mobile number and times that I am available!)...

 

 

vm-letter.jpg

 

Hopefully we'll have this one resolved later if/when they call back :)

The BidsterMeister

Helper of the hapless and hopeless...

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From my experience i wouldn't hold your breath, i had a similar letter from the same address then nothing. About 2 weeks later despite them having my home number (answering machine always on) and my mobile number they sent me another letter saying they tried to contact me but couldn't, yeah right. That was when i found the head office number and phoned them, anything that comes from the address on your letter can be taken with a pinch of salt as its a call centre and if it aint in the script they don't want to know. Incidentally after taking months trying to get rid of them the last correspondence i got was a ' Welcome to Virgin Media' letter telling me arrangements had been made to install my service 4 days before the letter was dated. They really the biggest load of crap i have ever had the misfortune to come across.

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Well tonight I find myself in a similar position again "no Phone" expecting the broadband to go down tonight so thought I better get this in before it does.

I received a letter dated the 17th.June 2008 saying there was an amount of £13.40 outstanding on my account and thought as soon as I receive my bill I will ring after I had checked it.but the same day I recived a phone call from collections asking what I was doing about the £80 odd amount outstanding on my account I pointed out that I dispute the amount and as I have not received a bill (to date 20th. june 2008 none received)I cannot comment and expect I will be disconnected again.I have already got a complaint in about the same thing happeneing last month but not had any reply to that either,I rang up just to check it was what I suspected and not just a fault, I had an interesting long conversation with a Liz from Glasgow,but ended up with her saying that she understood my situation but could do nothing about it until £13.40 had been paid then my phone would be back on in 24 hrs. This was after refusing to pay by debit card or over the phone or set up a DD ....no way am I going down that road again for them to steal money from my bank account again,I have sent an e-mail to Neill Beckett but don't expect much from him either. It is a load of rubbish that we have to put up with this and not only that, complaining to OFCOM is a waste of time, don't get you no where either.

I won't be expecting to reply to any replies made to this post after 12.00 tonight as I am expecting it to be down,but as soon as the phone is back on I will be ringing that complaints number and making it a strong official complaint and won't be fobbed off with any freebees they try to offer me,after all all I am interested in is getting the service I require and a correct bill and in plenty of time to sort it out.Incidently I was told by the person I spoke to tonight that the bill was sent out on the 12th.June 2008 it is now the 20th.June and still not received it,they pony must have gone lame.I will keep you informed of developements as soon as I am able to.

" from what Virginmedia call a respected and valued customer"

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Update on my previous post : ,surprise, surprise I have actually received a bill today the 21st June 2008, it is dated as 12th. June 2008 (bill date) and sent by UK Mail Express parcels and mail, takes nine days by Express mail hate to see it sent by ordinary mail,and how can a late payment be justified for this.my internet connection is still live though could be offline anytime soon.

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For 'randomly recorded' you can probably read 'never'. I would think that if they are recorded, it's only for staff training purposes.

Personally, after finding on so many occasions that what I've said and written down about conversations is not what the person at the other end chooses to put down in the computer record, I now 'randomly' record my phone conversations on computer so that I have a definite record. Oddly enough, so far that has randomly been every call! :D

 

 

Hi there,

 

A few years back I worked for a telecoms companies and I'm not sure about customer care calls, but all outbound sales and inbound sales calls where recoreded - but the issues come when they need to be retrieved!

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Right - VM finally caught me today (they rang the home phone despite the letter giving my mobile - luckily I was in)... Chap was very nice and wanted to help but didn't actually have any details as to the breakdown of the £5 PP and £10 LP fees. He didn't know whether VM would be willing to disclose how the charges were calculated but I asked for a written response to be sent either way - I stated that if they did show the costs and I considered them fair, I would end the matter but if they refused to, I would proceed with reclaiming any and all charges since the formation of the contract.

 

His "personal opinion" was that the £10 LP charge was to deter people paying late. My opinion was that it's a lucrative profit-making feature of the contract - Luckily, as we all know, any penalty that doesn't accurately reflect the costs/losses incurred (if any) are a big no-no :)

 

Turns out that my monthly invoice had been reduced to just £12/month for the 2MB broadband (10 for the net, 2 for the non-DD fee). I don't recall this being the case but who am I to complain ? They added 50p to the non-DD fee (they'd previously promised it fixed to £1.50p) but knocked £8

off the internet cost... wowsers.

 

Anyway, after AN HOUR on the phone (chap was very nice but didn't really know much about the charges) - think he was just bombarding me with as many words as possible... Final outcome was that VM would issue a written response with regards the charges and I'm not on the 4MB service (which has now been rolled out to 10MB in my area) for £19/month for 6months.

 

I thanked him for his help and said I'll be in touch in 6 months ;)

The BidsterMeister

Helper of the hapless and hopeless...

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My response was in written form.

 

We have priced the costs of handling payments made by other methods rather than direct debit (people's time, etc.) and in fact it comes to more than £5.

Edited by ASIIndustries
spelling

Andrew

ASI Industries = As i in does tries!

 

As i in does tries!: My definition.

I will try, i may never succeed in the goal, but at least by trying i have a greater chance of success than never trying at all!

 My opinions are my own & occasionally may offend, but it is not my intention to cause offence in the first place!

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Hi TideTurner, i have on-going problems myself with Virgin Media regarding their Non Direct Debit fee & that was the response they gave in written form (recordable source for me as phoning them is not an option).

Andrew

ASI Industries = As i in does tries!

 

As i in does tries!: My definition.

I will try, i may never succeed in the goal, but at least by trying i have a greater chance of success than never trying at all!

 My opinions are my own & occasionally may offend, but it is not my intention to cause offence in the first place!

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Hi ASIIndustries,

 

We pay by paypoint which is automated. I understand a small percentage is payable to the paypoint outlet. Everything else is automated, as with direct debit.

 

Telewest have admitted that the only reason for their Late Payment fees is to make people pay on time (a deterrent).

 

It seems they wish to get your money in the Bank as quickly as possible, reduce the amount of accounts in default, and maximise on the income per account, regardless of the service they offer.

 

They also will argue with you all day until you threaten to move your account.

 

Customer Service?? Money grabbing more like. I am now paying £1.50 for non DD, but had I not complained, this would still be £5.00.

 

On a large scale this is disgraceful.

 

Sorry to go on.

 

Tide

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Hi TideTurner, yes i agree with you both Late & NDD fees are nothing more than Virgin Media's Penalty Profit!

 

Card payment do require someone to link the card number to your account, recurring card payments are fully automated & require no user intervention.

 

Cheques sent direct to VM are semi automated (account number on reverse of cheque), & all cheques that hit (inward) VM's Barclays account are charged at 23p (in bulk) per transaction.

 

Cash taken direct to VM's offices is the most expensive option, especially if you pay in 1p pieces, but VM's offices are not in every town, therefore it would be very few if any that could pay in cash!

 

Transcash (Bank Giro), PayPoint & BACS (S.O, I.B, T.B, Direct Credit & Debit) are fully automated & require no user intervention, & all funds that hit (inward) VM's Barclays account are charged at 15p per transaction.

 

Actually i was with Telewest when they introduced the NDD fee, Before & after the service cost remained the same, therefore prior to the NDD fee, the service cost included their profit & was nothing more the than the cost of doing business.

Andrew

ASI Industries = As i in does tries!

 

As i in does tries!: My definition.

I will try, i may never succeed in the goal, but at least by trying i have a greater chance of success than never trying at all!

 My opinions are my own & occasionally may offend, but it is not my intention to cause offence in the first place!

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VM "say" that it equals (or this case, exceeds) £5 - but they have yet to prove it by providing a "full breakdown of how the charge is calculated". That phrase is the one to use.

The BidsterMeister

Helper of the hapless and hopeless...

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Well the plot thickens - A letter dated 29th has just arrived but it seems to have been written before I spoke with them on the phone - Either that or the bloke I spoke to didn't update my account (or they didn't bother to check it, first!)...

 

vm-letter2.jpg

 

So, for a 4th time they've ignored my written request for a full breakdown of the charges... Here is what I have sent (by post and e-mail).

 

vm-response.jpg

 

I wonder where this'll get me ?!

The BidsterMeister

Helper of the hapless and hopeless...

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Got an e-mail back from the chap who wrote to me... Not good, so I guess it's time for a Court Claim!

 

Hi,

 

Unfortunately I do not have access to this sort of information and I am

unable to pass the information on to you. I am also unable to refund

the charges as they are all relevant costing which our company charge

for specific reasons. You are well with in your right to try and claim

this through a small claims court if you wish.

 

Regards

 

Matt

 

My reply:

 

Thank you for your prompt reply. I am surprised that you are unable to pass my request to somebody higher up, but your response being what it is - I have no option but to advise you of the following:

 

As Virgin Media have failed to suitably prove (or offer to prove) that the charges are fair, I shall proceed with a claim against Virgin Media in the Small Claims Court. The cost of which will be added to the amount claimed (along with interest at the statutory rate). You are advised that part of my claim will be a Court Order forcing Virgin Media to reveal the breakdown how these charges are calculated.

 

You may wish to pass this e-mail to Virgin Media's legal department.

 

...to be continued

The BidsterMeister

Helper of the hapless and hopeless...

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Whilst not strictly topical to the last few replies i just thought you might like this one. Despite having left VM 13 months ago, following 4 months of trying to get them stop sending me invoices for services not received, in the last week i have had two telephone calls asking me if i would like to take up their cable service, i told them in no uncertain terms that if i never heard from VM again as long as i lived it would suit me fine (not being personal to the callers, as its only a job after all). What amuses me though is this is supposed to be a communications company so you would think that they would at least keep a database of customers/ex-customers, or am i just being naive.

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Well, despite numerous e-mails to our friendly Matthew Dowdall - I'm still hitting a brick-wall... So they've got until 5pm Monday before I file a claim.

 

Hi,

Again I cannot provide this information for you. However, I am aware that this breakdown of the direct debit charge has already been provided to our regulator, OFCOM. They have made it clear that at the moment they are happy at the current level of the payment handling charge.

 

Again, if you wish you can take this to the small claims court.

 

Regards

Matt

The BidsterMeister

Helper of the hapless and hopeless...

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  • 2 weeks later...
Well, despite numerous e-mails to our friendly Matthew Dowdall - I'm still hitting a brick-wall... So they've got until 5pm Monday before I file a claim.

 

Hi,

Again I cannot provide this information for you. However, I am aware that this breakdown of the direct debit charge has already been provided to our regulator, OFCOM. They have made it clear that at the moment they are happy at the current level of the payment handling charge.

 

Again, if you wish you can take this to the small claims court.

 

Regards

Matt

 

 

Personally I dont know why you left it so long.

 

I wrote straight to the CEOs office giving them 14 days.

After 7 days I recieved a call from someone in that office advising me that I will not be getting anything back.

I asked if his was a FINAL response and was told yes.

Next day I filed my claim (actually it was all ready to go days before just needed dating)

 

Now I dont need to SAR them since I have all my statements since the last claim.

But as evidence that they have given the No I could request my account screenshots if it was needed since the conversation I had will have been logged word for word.

 

As Bankfodder recently said....these ppl get hundreds of letter every day from customers threatening to take them to court-many do not go ahead with it and VM know this quite clearly.

Once the summons pops up on their legal affairs desk then of course they take a little more interest....I am relishing my round 2 with them-getting the money back was harder than 3 bank claims-but I got it in the end.

 

Just show them you mean what you say-and do it straight away !!!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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This came in the post (recorded) today...

 

vm-ce-small.jpg

 

However, I'm still waiting for my SAR to come through (seem to be missing a few bills and would like all their notes on me anyway!) - but at least I've got their "final response" :) Once I have all my charges, I'll probably send the 7 day letter or maybe just for the MCOL as they've had plenty of time.

 

Fun fun fun :lol:

The BidsterMeister

Helper of the hapless and hopeless...

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Personally I would file this not on MCOL but in open court on an N1.

The main reason being to save confusion since MCOL are not accepting claims for bank charges(I know its different but recently I was told of one guy who had his Credit card charges claim knocked back)

Also I think you will get a quicker turnaround since the Courts are much quieter now since the stays.

IMH

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Well - my "contract change" letter has been received and has now been deemed "accepted" by Virgin Media. But this morning, would you believe - my bill includes a £5 payment administration charge. This invokes Paragraph 3 in my revised terms which states a £25 charge shall be applied for each breach of contract ;)

The BidsterMeister

Helper of the hapless and hopeless...

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Well - my "contract change" letter has been received and has now been deemed "accepted" by Virgin Media. But this morning, would you believe - my bill includes a £5 payment administration charge. This invokes Paragraph 3 in my revised terms which states a £25 charge shall be applied for each breach of contract ;)

 

Can you do that?

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Can you do that?

 

They'll be creating a CAG account and asking the same questions!!!

 

tut tut @ charging for not providing a service bidstermeister!!!! LOL

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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