May Allah give him a place in paradise, bless him, forgive and help him, like he helped others. Inshallah. You may use my real name. My heart felt sympathies to his immediate family. God Bless.

WARNING ABOUT PURSUING A TRIVIAL CASE TOO FAR Important Appeal Court Case Precedent supplied by Andrew Quirk A recent hearing highlighted the importance of seeking sensible early legal advice in order to save unnecessary expense. Darren Egan vs. Motor Services (Bath) Ltd (18 October 2007) is a Court of Appeal case which saw the consumer who attempted to reject his vehicle lose out dramatically. The consumer complained that his car, a new Audi TT 3.2 litre V6, veered to the left and as such wanted to return the car to the dealer and be refunded. Whilst an expert witness gave evidence supporting the consumers claim, the Court ruled that the vehicle was "of satisfactory quality" because the sensitivity of the car to camber was in fact normal for that type of car - the reasonable person would not consider that this would make the vehicle unsatisfactory. This provided a useful case precedent for motor dealers as it makes clear that vehicles may have "characteristics" such as sensitivity to the camber of the road without being "of unsatisfactory quality". It may also prove to be useful case law for retailers of other consumer products. The legal expenditure of both parties was around £100,000 and the car cost £32,300 in July 2003. This led Lord Justice Ward to exclaim: "...one or other parties to the action, if not both of them..." were "...completely cuckoo..." to have pursued the litigation when little was at stake and that the lawyers should have taken "...the firmest grip..." from the outset. This case shows the fundamental importance of getting expert guidance on the legal issues raised in a dispute and how to resolve it at the earliest opportunity.

Hi Guys Got an email from K himself which i feel is worth mentioning. Like i stated earlier, it may have been an oversight on the customer service issue, i.e., my refund...but it is clearly self evident this company is not ruse. Maybe it was a case of percipitation or possible perplexity to a new business model...but you have to take your hats off to any company that at the very least, causes the bigger players in this monopoly to rethink there pricing strategy to the benefit of the consumer. I am always looking to move my business to those prepared to take on the bigger players. Dial-a-Rod, in my opinion have the right business model, requiring now a level of discernment and sagacity to not portray semi skilled work practices leading to customer confusion. Any attempt of such practices can lead to customer power taking the business down pdq, see links below of under hand tactics from HomeServe: http://web.orange.co.uk/article/news/mis_selling_inquiry_hits_homeserve_value http://www.thisislondon.co.uk/standard/article-24004191-pound-500m-wiped-off-homeserve-over-sales-scandal.do http://www.guardian.co.uk/money/2011/oct/31/homeserve-suspends-sales-mis-selling-fears http://www.dailymail.co.uk/news/article-2055613/Home-cover-firm-Homeserve-dubbed-Britains-fifth-emergency-service-offers-refunds-mis-selling.html Overall, after receiving contact regarding my issues and an apology..i can say that if someone from Dial-A-Rod came to me with a "Special Offer" after the initial mishap..i would take out this policy again. The email to me today is self explanatory and i understand sometimes business under estimate the response they might receive, hence the problems. Email from K below: "hi k here from dial a rod sorry i have not called you but i would like to respond to your points, firstly i would like to apologise for the way your refund was handled, but when we launched our boiler cover in july we had no idea we would have had such a massive response and was not prepared with our then phone system and number of staff to handle the calls and emails, we have now moved to a larger premises employed more staff to handle the sales calls and customer service calls with an upgraded phone system , i understand we have let a few people down and they like to write about there bad experiances on forums like this and that makes the service look bad we have many happy customers but unfortunatly forums don't like to publish good reviews as people only seem to like to read bad news.I hope this clears up the problem with the delay in your refund" I am satisfied with their overall reponse, the clear and concise explanations and a transparent attempt to aknowledge and put right the mistakes. Hopefully we can support this company to continue its business and excellent pricing, in a sector which one can call an important necessity in emergency call out. All the best and K i await a "compensatory deal".....

Thats no problem, i have had to use the net for similar forums on many issues..and was also glad folk had time to write about their experiences. Personally, i think your better off with DomGen (Domestic & General). They have built a reputation they want to keep! For the record, i did eventually get my money back. but was left short changed the way i got it. Merry Xmas to all

I didn't know you could do that! To be honest, i did phone my bank, they said they could do nothing till the money actually leaves my account!!...so i phoned back again when the money had been taken out, she said it was to be dealt with by the banks Fraud Dept....i was told to write a letter of basic explanation & autharisation....they would then persue the money! Maybe they should have told me about this chargeback procedure. Anyway, as explained above, i did get my refund back from Dial A Rod. Just waiting for this chap to get back to me with some sort of explanation as to why it took me several phone calls to get my money back and no communication initiation from them.

Ok guys, just an update to this fiasco, which i actually forgot about untill i got a call from one of the managers from Dial A Rod, this afternoon...after he/someone from the company had read this thread!! I am surprised that they actually take time out to read these forums! Anyway, i had eventually received a refund, after several phone calls...did not update here because i have been busy...but this gentleman asked me if i had received my refund, to which i stated yes. After asking this question, his next question was, why i had written this piece on this forum, when i had received my refund!!!! Because i did not like his roundabout way in asking the primary question second, we did get into a slight arguement. I am not the type to shy away from any type of justified arguement...especially when i still have emails i sent to them and they will also have the recorded conversations on how many times they told me the refund was done, when it was not. I did tell him, this piece was written BEFORE they decided to refund me. So i repeat, this piece was written BEFORE Dial A Rod refunded me, and NOTHING written after the refund. Eventually we agreed to disagree somewhat, but apologised between us for any misunderstandings! I don't think he had all the facts in front of him about the process i had to go through and WHY, to get my money back...so i did ask him to explain: 1- I sent them emails on cancellation of policy, the very next day..why did i not get a reply? 2- Sent letter/email to H/O..why i got no reply? 2- Why i was told initially my refund had been done 3- Why i had to phone back to find out NOTHING had been done because they now needed my debit card details to credit refund 4- Why i still had not received refund after phoning up again 5- Eventually rang again and received refund after it was REDONE again, but this time on a "authorised" refund card 6- Why i received no reply to any of my emails 7- Why nobody rang me back on two ocassions after telling me they would The above is obviously the negative i felt after i bought this policy. The positives are they do actually seem bothered about the negatives which having been outlined on this forum. Cost of service they provide is cheaper then some of the others in this field. Phone manner of the ladies taking the calls is pretty good (when it gets through). The office manageress was very apologetic and polite, even though i was slightly fuming over consistantly being told my refund had been done.. (sorry lass ) Maybe it was an administration oversight, so K-------, i know you'll be reading this, if you can come back to me (you have my number) with answers to the above questions as per our phone conversation...i don't mind updating and ending this thread on a positive...afterall, i am sure you would want everyone to know the truth, and any mistake on my part, i readily stand to be corrected. I await your call to answer the above facts K.................at which point this thread will be updated and concluded

Hi, thanks for getting back to me. I decided to write H/O a letter. Address taken from website. After which i will send a letter before action. What business procedure eh!...taken my money..no document whatsover, no email of confirmation of anything....no boiler policy either!!! HEAD OFFICE Dial a Rod House Tweedy Road Bromley KENT BR1 3NH Dear Sir/Madam Cancellation Of Policy‏ Date Policy Taken: 27/10/2011 Date Policy Cancelled: 28/10/2011 Cancellation Emailed on: 28/10/2011 Dear Sir/Madam With reference to the above, I would like to state that after several attempts with Sarah, Office Manager, starting from 28th October 2011, I have still not been successful in getting my refund of £85.99 Under The Financial Services Distant Regulation 2004, I have cancelled this policy within the required period, namely, the very next day. This was done via email through your website, aswell as an email via my hotmail account (see below), of which I have a copy in the “sent” folder. Could you see this refund is within the next few days. Any queries, you can contact me on xxxxx xxxxxxx. I await your response. Yours Faithfully NameXXX

Sorry to hear about this fiasco, and that is from what is supposed to be a reputable company! Pathetic customer service, no real attempt to even understand the situation, ripping off an innocent consumer, what are they looking to achieve???????????? Well they've achieved the likes of my family & friends NEVER to be insured by them. Bye-bye AA, this is the sort of behaviour that starts the engine of a slow demise!

Hi to all, Can't believe you can get caught up with some really bad business dealing companies!! I wanted a boiler insurance for my Ideal boiler (RUBBISH BOILERS), as my initial insurance under the Homefront Scheme ran out. Eagaheat wanted far too much, so i searched the net and managed to get BOILER COVER & DRAINAGE etc for £85.99 and paid for it via debit card. Website link: http://www.dialarod.tv/index.php?opt...d=85&Itemid=93 Then for some reason i rang them, no success! After several attempts on both numbers, i gave up and rang the next day, going through the same process... i eventually got through..but by then, i thought this is not the type of wait i want to experience if i need an answer in emergency, so i decided to cancel my policy. Policy taken out on 27th October 2011 - paid £85.99 via Debit card Policy Cancelled on 28th October 2011 - By phone and sent email (copy of email in "sent" box): Dear Sir/Madam With reference to our phone conversation today 28/10/11, please cancel my policy that i took out yesterday on 27/10/2011, for the amount of £85.99. As per your terms and conditions under the Cancellation section (copied below), it is within the 14 days period. Thank you Mr XXXXXXXXX Address XXXXXXX Mobile no XXXXXXX "Should you cancel the Homecover within the cancellation period, we will refund any amount you have paid, provided no claim has been made against the Homecover in the meantime. Please note that you have a statutory right to cancel this Homecover within 14 days of purchasing the Homecover. This statutory period is included within the cancellation period." The lady (sarah) said it was done and should get money back in my account by Tuesday. YEP, NO MONEY! Rang on Tuesday, she said she needed to take details of my debit card to refund money back in the account, which she forgot to do last time! Anyway, she said the money would be in my account by Friday...YEP, NO MONEY!! I rang them again this morning, the office manager was not around they told me, and took my mobile to ring me back. Waited, but no call, so i rang them myself and got through to office manager. She checked details and said it got forwarded to Kelly (whoever she is), so they are sorting it out!!!!! I rang some consumer help number (can't remember), and the gentleman stated to write a letter stating, under Financial Services Distant Marketing Regulations 2004, i have cancelled the agreement on 28/10/11, and i am now giving you 7 days to refund my money, after which without further notice i will be taking legal action. Can anyone advise please? Thank You Mark

Too many dodgy company's when it comes to Financial Spread Betting! I have been doing this for years...its an excellent game, but its got to be played with the most TRANSPARENT & HONEST brokers. As far as i'm concerned, IG is NOT one of them! Along with the likes of many in this field, TRANSPARENCY is only existent in technical terms...i.e., they will defend the left knacker out of their respective systems, unless you can trawl and counter the trash! For example..IG "net off" positions at close of markets!..i.e, close your position, and re-open it at the opening price, ADJUSTED with their overnight charges, as its a "rollover" position. This is very confusing, as it knocks out your average, UNLESS, like myself, you create an excell file and log down individual positions, which then spits out the average Best ones are, without a shadow of a doubt, Paddy Power, Capital Spreads:clap2: Their TRANSPARENCY is second to none....deducted rollover charges are clear as crystal, so is profit, balance etc:whoo: London Capital Group own Capital Spreads, and Paddy Power use their platform...probably for a fee! I have tried LOADS, but hese guys are in a league of their own. Even the SPREADS are the TIGHTEST! Their stop-losses are automatically added to each trade, which you can adjust, depending on your capital. I am at the moment trying out CMC (Brand new platform), World Spreads etc, as i am looking at some brokers who DO NOT insist on stop losses!...even though its safe to have these (unless the dodgy geets whack you out on "gapping"!), it hinders my strategy, as it eats into your capital, hence, swallowing your resources in the process....subsequently can lead to a margin call!!!!!!!!!!!!! The way you have described your opening post, it looks like IG definately are guilty of some wrong doing! I have seen a RECENT article, implicating them in a CFD reprimand, over dodgy dealing...(i will have to search the web for it, but i did read it a few days ago)...so i think they may want to avoid you taking any litigation, especially when they have just been fined (i think) for some form of client dis-honesty! (Don't quote me on it, but i will try to locate the news story) Their is no doubt, an element of greed on your part for having a position which clearly out weighs and logical control...but depending on your initial deposit (which you have not mentioned)..i think your liability should be limited Marcos

First Connaught Collection on behalf of 1st Credit! They threatened with a Statutory Demand & i had to go to court to defend & won! Then a couple of years later, 1st Credit decided to start themselves in January 2009...until i wrote complaining to Barclaycard, who eventually admitted fault! Nevertheless, Connaught/1st Credit threats to bankrupt me via the Statutory Demand and take my belongings, property etc, was well below the belt!!!!

OFT...FOS...geee, i was getting mixed up:confused: OK, will send a copy of this letter to the OFT and hopefully may get a better response...or a more positive one.

If they have a section dedicated to DCA's, then why can they not deal with my complaint?

Got a reply from the FOS today. "Thankyou for your recent enquiry. From the information you have provided, it would appear that we cannot deal with your complaint because the business is not covered as i am afraid that there are some limitations to our powers. One of these is that we do not have a general "policing" function with regard to companies. We do not, for example, have power to order or recommend that a company should improve its level of service or its administrative procedures." What a load of tosh I thought these guys were for real, seems another dept of jokers! What next guys?

Ok, sorry about that...did it in a rush.:o Will wait to see when they get back to me and what they are saying. Thanks

Receievd a reply from FOS today:

Thanks Shadow...i'll start making copies, just in case.

Ok Slick. I will get this printed out at work....(mines not working:(), and sent. Is the address below correct? Financial Ombudsman Service South Quay Plaza 183 Marshall Wall London E14 9SR

Any Suggestion on the letter below or ammendments would be appreciated. Thanks Dear Sir/Madam REF: Connaught Collection / 1st Credit – The Omnibus Building, Lesbourne Road, Reigate, Surrey, RH2 7JP I am writing this letter to complain against a Debt Collection Agency, namely 1st Credit. It all began when i lost my wallet 6/7 years ago. I reported the loss to the necessary organisations. Barcalycard wrote back to me asking me to contact their fraud department, which i did. They pointed out my card had been used. They wanted to know which transactions were mine or not, then to report the matter to the police. All the steps were followed, as i communicated to the police then back to Barclaycard. They eventually stated to me that i would not be receiving another card, which i thought was unfair, and my account was closed. Several years later, in June 2006, i was contacted by Connaught Collections on behalf of 1st Credit in relation to a debt of £4740.93. I was shocked and subsequently rang them up, speaking to a Mr Moon. He told me the debt was from Barclaycard and they are now the legal owners of that debt. I explained to him the situation and then asked him if he had anything in writing as to the exact debt. He stated he had nothing, apart from my name and a figure owed next to it! I again told him i owed nothing as it was fraudulent transactions that took place after i lost my wallet, which was reported to Barclaycard and the police, at the Central Police Station. He threatened me with bankruptcy and that they could apply to take my house and sell it to clear the money owed. I was scared so i wrote to Mr Moon with an explanation, and asking him to investigate/check through previous records. He was not interested and eventually i received a Statutory Demand, hand posted on 20th July. This was a deep shock to me, it bought on an instant cold sweat, which i can still remember to date. I had to seek legal advice which mainly came from the National Network of Solicitors, who told me not to ignore this demand and to set it aside at the County court. This was successfully defended, (i have the court documents as proof), but most astonishing was the fact that nobody from Connaught even bothered to turn up! I knew i had done nothing wrong, and if they felt so strongly about this case as to issue a serious document namely a Statutory Demand, then why did they not challenge me? I was glad this was all over and i could carry on with my life. However, in January 2009 i received further demands, this time from 1st Credit stating the same again. I could not believe it. The stress it bought on was too much to take. I wrote to 1st Credit, but again they were not interested. After receiving a letter from them on a Friday, as the weekend passed, i received another on the Monday! I subsequently contacted Barclaycard wanting an explanation and after several communications, they eventually apologised and offered me compensation for their error. I would like to point out that i am happy that Barclaycard have sorted this matter out, but am angry that Connaught Collections initially, then 1st Credit refused to do some homework or even try to find out whether what i was stating was true or not. I have wrote to them several times now wanting an explanation, but most of what i am getting back from them is ”legal lies”. They mentioned i did not phone them till i received the Statutory Demand, this is false. They mention, they asked me for some documented proof, this is also false, as they cannot expect me to have kept any papers/documents dating back several years, this should have been kept by Barclaycard. They mention, they sent me statements of the fraud, which they are now stating they probably sent them to Connaught! The fact is, they have treated the Statutory Demand document with no respect at all. Once given out with an 18 day deadline, they had no evidence to even turn up in court. I find this outrageous and more so black mailing, as i nearly wanted to make an offer of a monthly payment till the so called debt was cleared. If it had not been for my family, i would not have challenged this, as i was more worried about them making me bankrupt and taking my house and possessions. I would like this matter investigated as i feel there are so many lessons to be learnt from this case. 1st Credit talk and write with arrogance, which i feel is hard to deal or negotiate with. Certain areas/sections of the law are being used to frighten and threaten individuals into submission. I hope the above is sufficient to take the necessary steps in answering some of my questions, which even today my family are asking too. In a country which has laws and a justice system that the world envies, how can they show disregard and work above this law? Where were the Debt Collection Guidelines for me at a time i needed them the most? I look forward to hearing from you. Thankyou Mark Marcos

Ok...will get this letter together.

Slick...am i writing to the FOS or the OFT?

Got a letter from them yesterday....trying to justify their right to chase REGARDLESS of wrong or right, as Barclays had instructed them..and as far as their concerned, they were doing what they were being told! Any suggestions guys?

Ok, thanks guys...i will draft a letter when i get some time off:) I will more then be happy in the knowledge they are getting charged for the investigation. If anything, if everyone got together and sent in a compalint...we might be able to put them out of their misery on charges alone:D

Don't look like they are going to reply:mad: Any template letters & course of action Slick?

Ok...posted the FINAL chance letter to the crooks