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  1. I have now received a formal reply from my Bank to a complaint made at HO Director-level 10 weeks ago. My first intention was to raise this with FOS as it dismisses demonstrably-valid facts and does not address some key matters at all. The details and background are complex and would fill a book, but they concern improper charges, interest amounts and more that I need corrected. We are Pensioners so every penny is important, but in addition my wife is not a strong woman and the one-sided exchange has caused a deal of upset and stress as it has been going on for five months after an initial two months with no response at all to reasonable requests for attention. For this reason alone I have in fact wanted to let it go more than once. We both feel it has to be pursued however, and I have been looking at FOS/complaint-related threads here and elsewhere to get a sense of things and am surprised to see two contrasting opinions. One group feels FOS is effective in coming to a decision and setting requirements where appropriate that a financial institution should act upon, while the other opinion is that in general Banks pay lip service to FOS but then go their own way ignoring matters, or dragging things out unreasonably, or prevaricating to see how far someone is still prepared to go or maybe just give up. So is FOS relevant or just a figurehead please? From experience is it worth involving them, or is that likely ultimately to lead only to good intentions but not necessarily any bite and I would be better off persevering with the Bank as I could easily point out omissions and more in their formal reply? In this regard, if involved in a dispute with a commercial organisation I would notify them of an intention to escalate matters and see if they would alter their position, but given the history and their response I am sure the Bank will actually just stonewall now anyway on the basis of their formal stance. And … … if taking it to FOS, is it supportive/useful/proper for me to formally acknowledge and reject the Bank’s response? Provide reasons? Is there a requirement to notify them of my intentions, or do I just get on with it without notice as I have all relevant papers, correspondence and recorded-delivery receipts and the like, and not waste any more time with them?
  2. I purchased a cooker from Currys online and received 2 emails confirming the delivery date as 15/3. My o/h rang them in the week, to confirm time of delivery, and was told they would contact us nearer the time, or we could track it online. I dutifully booked the day off of work and arranged for a qualified gas fitter to come out. At 4.30 14/3 I got a phone call from a really rude woman at the manufacturers telling me that the cooker was out of stock, they didn't know when it would be back in, and it was all my fault because I didn't ring her to check!!! I rang Currys and asked what was going on, explaining that I had made all these plans, and had emails proving the supposed delivery date, and the answer was "oh yeah, you should have rung the manufacturer!!" By this stage I was starting to loose the plot, and explained that when I order a bottle of milk from my milkman, i dont ring the farmer to check he has milked his cows that day, thats his job!! I also asked them to explain why nobody had told me to ring the manufacturer, and why I had been promised delivery on Friday on 3 separate occasions? All he could say was there must have been a lack of communication!!!! I cancelled the order, and was given another number to ring to complain, they just put me on hold for 12 minuets and then cut me off!! SO this morning i decided to give them a call as still no sign of the promised refund in my bank.Did the usual waiting on hold for 10 mins, and first spoke to a blatantly rude girl, she said that the order wasn't cancelled so I cant have my money back, I asked to speak to a Manager, she refused. I said I would hold and wait for a manager to come free, and she said she was nor prepared to do that. I gave up and called back to speak to someone else. He advised me, that they wont refund my money cos the order wasnt cancelled even though I had the name of the man that I had cancelled it with, AND he admitted it said as much on the system,he said he had to speak to the manufacturer as they couldnt be sure it hadnt been delivered!!!!!! this is the same manufacturer who told me the cooker was out of stock for the forseeable future the day before it was due to be delivered!! So there's £400 sitting in these shysters bank account that is legally mine!!!! seriously do not touch these lot folks, they need to go the same way as Comet!!
  3. We purchased a Delonghi Coffee Machine (ESAM6620) from Currys online on 20/2 together with a 5 year care plan at a total cost of £898.99 and this was delivered on 25/2. When we unpacked it, there were numerous scratches on the display screen and we therefore contacted Currys to arrange a replacement. The machine was picked up by courier DPD on 26/2 and we received an email confirming receipt of the machine back at Currys on 27/2. A replacement was sent out on 28/2 which arrived by courier on 29/2. When we unpacked the second machine, to our horror there were similar scratches to the display screen although this time only around 8 or 10, however still unsightly and damaged. We contacted Currys and were advised that this would not be picked up until either Monday 4/3 or Tuesday 5/3 however as we could not afford further time to wait in for a pick up, we took this to our nearest store (50 miles round trip) . They arranged for this to be picked up by courier on 4/3 and we had arranged for the replacement to be sent to the store so it could be opened by us in store to check all is okay to avoid having to deal with the same issues all over again. The added complication however at this stage, is there is no stock showing for home delivery. You would think that this would be straightforward however receiving no word or email from Currys, we contacted them again on 9/3 and were advised that the 2nd return had not yet been booked back in. Unfortunately DPD were closed so they advised they would chase on Monday and WE would have to call Currys back after Monday, unless we wanted to contact DPD ourselves In the meantime I have sent various emails and received no response. We contacted Currys again on 13/3 to be informed that it had still not been checked into the warehouse and when I informed the person I was speaking to that they were supposed to have chased this on the Monday, the person put me on hold and came back to advise that it was checked in on Monday, however the person who did the paperwork did not complete it properly and that was why it was not showing. I was advised someone would speak to the person who did the paperwork and have it corrected and then they would call me back - still no word today 15/3. We therefore called Currys again today to be told that they could not check anything as the online system was down! Have now sent an email to the CEO and waiting patiently ! Is there anything else we can do. I know I can purchase from John Lewis and they will price match £839.99 Vs £1295 however I can only take out a 3 year warranty with JL and ideally want to have peace of mind with 5 year warranty that Currys offer.
  4. Can anyone tell me if I would be able to claim the service charges on a retirement flat. I would like to move but it would take the capital I have invested in my current property to do so. My income (I am retired) means I will need to claim Pension Credit and Council Tax Benefit. Although I am currently self-employed this will have to stop soon as I need to care for my mother but this will not be enough hours to claim carers allowance and, because I get my state pension I would not get anything even if/when she needs more care. Thanks for reading.
  5. Have a contract with them to look after boiler/central heating. Annual service feb 25th. Engineer said new heat exchanger needed. Part should be here within one week, but declined that the boiler be drained until fix. 10 days no response. Unable to get through on phone line so emailed them. Phone call next day engineer here Thurs 14th march. Guess? No show, no calls, nothing. Emailed again and reply by phone today 15th march. Will be here Monday 18th march. Asked about compensation, nothing to do with carillion! despite carillion van and engineer last time. I note that they charge you 30 Pounds if you miss an appointment. What level of compensation should I be entitled too? I'd say their charge of missed appt of 30 Pounds and what value of whole day of 8 hours? Or a month or two direct debits refunded? Any one else find Carillion dire? Thanks all
  6. I'm shocked and scandalised!!!! I see that a tax-payer funded organisation which is a crucial part of the British justice system is deliberately passing itself off as a private parking company!!!! In case you don't know, Passing Off is a tort at common law and means that you gain an unlawful benefit by operating your business in a way which can make people think that you are another business - which is more respectable and more worthy than you own. Passing off happens when you present yourself in such a way that consumers are confused into parting with their money because they think that you are someone else. Passing off is about competing unfairly by trading off the goodwill of someone else's business. Geddit? Now I see that the Crown Prosecution Service is trading of the hard-earned goodwill of that nice Private Parking Company - UKCPS. It is shocking!!! I can imagine that many criminals or accused persons only bother to pay their fines or do their stir or even just turn up at court because they think that they have been commanded to do so by UPCPS - when in fact if they realised that it was simply the United Kingdom Crown Prosecution Service, they probably would have simply not taken any notice. (And quite rightly) I expect that you find this all so unlikely that you don't believe me????!!!! Well check it for yourself. If you Google "UKCPS" you will find that the Crown Prosecution Service have cunningly opened a Youtube channel called UKCPS. Anyway, just for clarification, here is the truth:- UKCPS (Parking Service) and UKCPS (Prosecution Service) Right. Hopefully no one will be confused anymore
  7. No, of course not. They have nothing to do with the Crown Prosecution Service. It is just an unfortunate coincidence that their initials UK - CPS are the same as the CPS. I expect that they never realised until after they chose their name, and it was pointed out to them. In fact, maybe no one has yet pointed it out to them and so that they still don't realise the remarkable similarity. I'm quite sure that it would be a completely unintended consequence if anyone had received a PCN - P̶e̶n̶a̶l̶t̶y̶ ̶C̶h̶a̶r̶g̶e̶ ̶N̶o̶t̶i̶c̶e̶ - Parking Charge Notice - and had felt pressured to pay it because they thought that it had been issued by the United Kingdom Crown Prosecution Service. And anyway, that would be too silly. I suppose it is a very similar coincidence that Parking Eye found themselves in when they inadvertently chose stationery with black and yellow chequered borders which happened to give the impression to some silly people that their P̶e̶n̶a̶l̶t̶y̶ ̶C̶h̶a̶r̶g̶e̶ ̶N̶o̶t̶i̶c̶e̶s Parking Charge Notices had some sort of official status - even though this getup was criticised by the Court of Appeal. Amazing number of coincidences in the private parking industry, really. Luckily they are all just coincidences - otherwise they would all be right scallywags, wouldn't they.
  8. Oh my word, I have cooled off a bit now. I have had the most frustrating time today with Vodafone and their customer service just goes from bad to worse. Let's say I have 4 phone numbers - all private. I decide that 1 is going to be my business account, so that's what happens. I then have 3 private numbers (which my 3 sons use, but I pay for) and my own number which is a business number paid for through my company. Now, no. 1 son is now a big boy with his own job, so we go into the Vodafone shop in Marlborough and transfer his number to his own account and he can start paying for it. What they DON'T tell me is that in order to do this, they will DELETE my account from their system, even though it still has 2 other private phone numbers registered on it. I try accessing the accounts on the website. Nothing doing. I phone up - I try and get sense from the customer rep - then (for a reason known only to them) they transfer me to the Business line support. So I hold and get put through to Corporate, so I say I didn't want to speak with you - I want to know what's happened to the 2 private numbers I have. She puts me back thru to the private customer phone help bit. When eventually I get to speak to someone, I am told that I should have created a new account. WHAT? How was I supposed to know? They deleted the wretched account without telling me!!! By this time I am so incredibly frustrated, having been on the phone for over 25 minutes of which only 3 are actually talking to someone. When I am told, again, that it was my responsibility to create a new account, I lost it, swore at the rep and hung up. So I go back online. Someone appears out of nowhere offering a dialogue box, so I try again. Apparently it's my fault that I didn't know the account was being deleted and it's my fault that another account didn't get set up. Oh, and also, the account has been deleted for MY security and privacy in case the new user of the number that got transferred might access my account. Well, the new owner is my son and he's not really interested in my account. What I repeatedly stress and do not get a straight answer for is WHY DID NO ONE TELL ME THE ACCOUNT GETS DELETED?? I am so angry by this point I am ready to hurl the computer through the window. Why can't someone say - Yes - I see your point - that's not very good is it - I'll set up your account again immediately. Instead of which I am repeatedly told I should have known, the system works this way for my security etc. etc. This person then asks me for the main number on the new account I'm going to set up - I walk out of the room to go and find my phone so I can look the number up. I am no more than 30 seconds away from the screen - when I get back, this customer services drone has vanished!!! IF YOU HAVE A CHOICE - NEVER GO TO VODAFONE They are terrible. I have little choice because there isn't really a decent signal from anyone else around here, but boy do I need to move away from them as soon as. VODAFONE ARE APPALLING and they compound this with dreadful customer service which is constantly trying to defend their shoddy lacklustre performance by putting the blame on me. VODAFONE ARE TERRIBLE
  9. We bought a Toyota Celica T Sport that failed on the first day of ownership: big end bearing failure. We have an engineer's report and permission to use it. Knowing that the defendant has to prove that the engine was ok when the car was sold, can he use an MOT certificate to do this?
  10. I booked and paid for a car to be delivered to my home address at 5pm tonight. It didn't arrive. I called Europcar at 5.45pm to ask what's going on. He said he's sorry but his colleague forgot to inform the branch of my address, so they couldn't deliver. He said the branch has now closed so there's nothing he can do. So I'm stuck for the weekend without a car and have to cancel all my plans. I pushed but they said there's nothing they can do. After around 2 hours on the phone and a huge amount of hassle... He re-arranged delivery for this Monday (2 days away), and said that there's nothing he can do to prevent me from being stuck without a car this weekend. He also said I have to call up on monday morning at 8.30am to remind them just incase the information gets lost He then went on to say these are my only other options:- a.) I leave my place of work now and pay for a taxi (from my own pocket) to go to Gatwick airport to pick up a car, which is god knows how far away - probably would cost £100 in a taxi, I've never been there from here. He said I might be able to claim back the taxi cost from europcar, but he can't make any promises! b.) I find my own way to pick up a car from a branch a few miles away that is a huge engine and will cost me more than double the amount in petrol for my planned trip next week. - And still they won't deliver it to me, I have to drop everything and make my own way there. Seriously? Do these companies not have to pay any sort of legal fines for doing things like this to customers?
  11. hi all i have a warehouse which i rented five years ago, i am now out of lease. there is a new agent which has now taken over service charge and they are requesting arrears for last six month which they havent billed for up till now. i have repeatedly asked for invoices relating to the the cost and also a breakdown of how this is divided between the units and they have answered that they will submit this at a later date and that at the moment it is estimated. they have done no works and are doing a poor job overall of maintaining the estate, they have now trheatened legal action and i am unsure how to word the response, please note i am up to date in rent payments and no service charge works invoices have been submitted. many thanks for your help.
  12. Hi there, I'm new to this forum and hope somebody can help me. I purchased a leasehold flat in September last year (2012). The company managing the building alleges that they sent their first service charge bill (for period Jan-Jun 2013) on 1 January and then a reminder on 16 January. I am sure that no bill arrived until 5 January because I was redecorating the flat and I checked the post daily in person. After 6 January, tenants moved in and they tell me they forwarded all correspondence to me (no service charge bill was forwarded to me). Among the correspondence forwarded to me by the tenant was a letter from the administrators' solicitor dated 5Feb2013, stating that I am in arrears with service charge for the period 1Jan-30Jun 2013, and that I now must pay an extra £183 (on top of service charges) and that they will take me to court if I don't pay by 19 February. I spoke to their solicitor (who signed the letter) that there was no question about payment (of course I'll pay and promptly). However, I am appalled that they wrote such threatening letter, even though I am sure the bill dated 1 January was not delivered (because I checked the post myself) and I am pretty sure the tenants did not receive the reminder either, for they would have forwarded to me as they forwarded other post. Incidentally, in previous correspondence (last year) with the administrator I had provided him with my main (permanent) address for correspondence, telephone number and email address. Even more appalling in my view is that they are charging an extra £183 (on top of the normal service charge) for "administration and legal" costs (i.e. their solicitor's letter). Please can someone advise me if I am being treated fairly? I feel that if only they had tried to contact me directly by phone or email this would never have happened, as all other bills that arrived in the flat (or were sent to me directly) were paid promptly and I have never been in arrears with any service before. Any help and advice would be greatly appreciated. Since I am dealing with their solicitor I feel the whole thing is terribly heavy-handed and full of jargon. Also, even though I could have paid this last month (if I had received the bill), it would seem that there has hardly been any delay (effectively) since the services are for the period January-June 2013, of which period only one-sixth has passed. Is there an ombudsman that could help me deal with such aggressive tactics and surcharges from property management companies? Thanks in advance.
  13. I am paying via ARC and have the original l oan but extension as defaults on my credit file. The extension is only for £160 so once I've paid that amount to ARC I'd like that default settled. note my account has been assigned not sold to ARC. Online chat:
  14. A NEW mental health service for veterans and reserves has been launched in East Yorkshire. Specialist nurses in the region are helping military veterans get help for a range of conditions, including depression, whether they are related to combat or not. The Veterans Outreach Service found many ex-military workers struggled to talk about mental health problems or found it difficult to approach their own GP. Now, Humber NHS Foundation Trust is providing specialist nurses to cover the region, chat to veterans and work with them to get the help they need. http://www.thisishullandeastriding.co.uk/Service-brings-mental-health-care-barracks/story-18088468-detail/story.html
  15. Can anyone please advise me on what I should reasonably expect from 'Very' in light of the sequence of events detailed in the letter below, please? Also are there any consumer laws covering this situation that I can refer to, as I am assuming they will say that there is nothing they can do? thanks. Dear Sir or Madam I am writing with regards to the JMB 40inch TV I purchased in October 2012. Within 2 weeks of the purchase the TV developed a fault. It would not switch on and there was a continuous flashing light. I called your customer services and they sent an engineer out to find the fault. The conclusion was that the motherboard was faulty. Very customer services wanted to have the TV repaired. I was not happy with this as the TV was newly purchased, therefore I said this was not acceptable, and eventually it was agreed that a replacement would be sent to me. I have since arranged 3 collection dates for the faulty TV, and made numerous phone calls to your contact centre at a 0844, at a cost to myself every time. On each occasion I was at home from 7am to 7pm, as requested, and subsequently lost a days work each time. After the third occasion of waiting in for the courier to not arrive again, I called your customer services again, and expressed my annoyance. T he collection was then moved to the following Monday and put on ‘urgent collection’. I then took a fourth day off work. And yet again, the courier did not turn up. All of these collections were well prior to the recent spell of bad weather so this cannot be made an excuse, as was attempted when I last called. My 4 days off work plus the phone calls equate to more than 2/3 of the total cost of the TV. I believe that I am entitled to an adequate compensation for your mistake, which has been of great financial detriment to myself, and the TV has still not been collected. As stated in the sale of goods act and the supply of goods and service act 1982, if the action offered to the consumer is not appropriate, the consumer is entitled to price reduction or a refund. I am not happy with the losses I have incurred due to my treatment by your company, therefore would require compensation. I look forward to your reply within 14 days Regards
  16. I would like to make my thoughts known on Expert Logistics who have within the past 30 minutes delivered a washing machine bought from Tesco. My son bought us a washing machine as our old one packed up. I disconnected it and pulled it out into the kitchen. When the delivery man came into the kitchen, there wouldn't be enough room for the new machine as well as the old machine so I asked, "could you move this one to there?" pointing to a spot outside the backdoor and 4 feet from where the machine stood, he immediately jumped in 'No, we don't do that' , I said it's only four feet, are you saying you won't move my old machine four feet for me", and he again said "NO". So there I am, an old man with a walking stick and he a young strapping bloke who refused to move my old machine. His mate on the van did do it but I think he was a bit reluctant to do it as he moved it and then disappeared. I'm not wasn't asking for a replumb of my house and installation of the new machine, all I wanted was my old machine move 4 feet. What is wrong with people today, no courtesy and no hint of customer service. I bet he wouldn't have refused a tip, but because of attitude they got nothing, not even the offer of a cuppa. Sod them, I'm fed up with the crap customer service in this country, all they want is to screw you for as much as possible and to do sod all in return.
  17. Just a quick question.... If i move home and use the mail redirection service, do the people writing to me get to know my new address.......i know we will still receive the mail but will they get our new address from royal mail? Ta
  18. Hi all. In October 2012 I hand wrote a letter to BT saying that I would no longer require their broadband and calls service after the end of October. Then at the beginning of November I received and paid my October bill. I also received an email from BT Residential Services dated 8th November which acknowledges that I have chosen to close my account. I have since had bills for November, December, and now for January. In December I spoke to customer services and I explained my situation, and that I have an email from BT Residential Services which acknowledges my request, but the lady told me my account hasn't been closed and that she was putting a note on the account that it is to be closed, and also that someone would be calling me regarding this. No-one called, and I thought that was the end of it. Then yesterday BT rang me again asking when I am going to pay November, December and January's bills!! I was shocked and told her my account was closed in October, and that I have an email regarding this request, (the email is all i have from BT that proves they received my request to close my account). She told me my account is still active and not closed at all, and that no request had been made to close it either. The lady I spoke to told me the bills she wants me to pay relate to a contract which was signed in 2010, but this can't be possible because I moved house in 2011, and I had to close my then bt account before i could have the same BT service installed in my new address, and i had to sign a new contract for this. So i am confused as to what is happening. I asked that in future that this matter continue to be discussed in writing rather than telephone conversations, because I am being told many different things but no proof of what i am being told, but she said no, she was calling me for payment only and she doesn't pass on messages. She was so rude. I am struggling to get them to stop billing me for a service i no longer receive and that i had already written to cancel. If it weren't for the email they sent acknowledging that i have chosen to close my account, I would have no proof at all that i had written regarding this. I am getting nowhere on the telephone. Meanwhile and while ever this goes unresolved, i fear that i will continue to be billed until forever. What can i do about this?
  19. Hello! This is my first thread so look forward to reading the responses. I wish to file a claim (c£3,000) against my previous landlady. She agreed to pay costs we directly bore (moving, hotel, storage, etc) because the house was not in move-in condition at the start of our lease. She then reneged after we bore these costs and moved in. We withheld rent which she in turn withheld from our deposit when we moved out, and we have been unable to reach an agreement since. The landlady is Brazilian and resides in, and is domiciled in, Brazil. I know I need to file an N510 form but am unsure how to complete it. I need to tick a box on the form to explain the basis for why the claim form can be served out of jurisdiction without the permission of the court. Can someone please advise? My best guess is either 6.33(1)(b)(ii) or 6.33(2)(b)(ii) but I can't tell why I would prefer one over the other, or if either is correct! The form reads as follows: Please tick one of the following boxes as your statement of why the claim form can be served out of the jurisdiction without the permission of the court. Also delete anything in square brackets that does not apply. In proceedings to which rule 6.32(1)(b)(i) or 6.33(2)(b)(i) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the [Civil Jurisdiction and Judgments Act 1982] [Judgments Regulation (as defined in CPR rule 6.31(d))] to hear this claim, that the defendant is domiciled in [the United Kingdom] [a Member State] and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Member State.” In proceedings to which rule 6.32(1)(b)(ii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Civil Jurisdiction and Judgments Act 1982, the claim being one to which paragraph 11 of Schedule 4 to that Act applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom.” In proceedings to which rule 6.32(1)(b)(iii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Civil Jurisdiction and Judgments Act 1982, the defendant being a party to an agreement conferring jurisdiction to which paragraph 12 of Schedule 4 to that Act applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom.” In proceedings to which rule 6.32(2) or 6.33(3) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has the power to hear this claim under [state the provisions of the relevant enactment or Community instrument] which satisfies the requirements of [CPR rule 6.32(2)] [CPR rule 6.33(3)] and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom, in any other Convention territory of any Contracting State (as defined in section 1(3) of the Civil Jurisdiction and Judgments Act 1982) or in any other Member State.” In proceedings to which rule 6.33(1)(b)(ii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Civil Jurisdiction and Judgments Act 1982, the claim being one to which article 16 of Schedule 1 or article 16 of Schedule 3C to that Act applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Convention territory of any Contracting State (as defined in section 1(3) of that Act).” In proceedings to which rule 6.33(1)(b)(iii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Civil Jurisdiction and Judgments Act 1982, the defendant being a party to an agreement conferring jurisdiction to which article 17 of Schedule 1 or article 17 of Schedule 3C to that Act applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or in any other Convention territory of any Contracting State (as defined in section 1(3) of that Act).” In proceedings to which rule 6.33(2)(b)(ii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Judgments Regulation (as defined in CPR rule 6.31(d)), the claim being one to which article 22 of that Regulation applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Member State.” In proceedings to which rule 6.33(2)(b)(iii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Judgments Regulation (as defined in CPR rule 6.31(d)), the defendant being a party to an agreement conferring jurisdiction to which article 23 of that Regulation applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Member State.” In proceedings to which rule 6.33(1)(b)(i) applies, the statement is— “I state that the [High Court of England and Wales][ County Court] has power under the Civil Jurisdiction and Judgments Act 1982 to hear this claim, that the defendant is domiciled in [the United Kingdom] [a Convention territory of a Contracting State (as defined in section 1(3) of the Act)] and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Convention territory of any Contracting State. Many thanks!
  20. I wanted to purchase an Apple laptop and the sales person sold the benefits of the apple warranty and after care so I agreed to purchase that along with a dslr camera,total cost £1700. This took far to long to process for a start only to get all the way through for their till to take the money from my account and then reverse the payment because the serial number didn't match Apples records. The assistant tried again, this time the payment was declined because they had already taken the money which takes between 7-10 working days to go back on my card. A further hour talking to my bank explaining we hadn't purchased anything and the only way we could reverse the payment quicker is if they fax them explaining the situation. Currys don't have a fax but could email, we ended up leaving having purchased nothing and having spent £1700 and as of yet still have no refund 24hrs later. Whilst waiting I also watched as customer after customer walked out because they could find any staff to serve them and the staff member serving us was rude to more than customer telling one guy he was unable to clone himself, and when I asked if he was going to keep a copy of our refund in case I need to come back he explained he doesn't keep a draw at home especially for refunds, Comet have just gone bust I don't think its long before we see Currys and Pc world in a similar position. Avoid like the plague I know I will never shop there again.
  21. We have a self-employed person (28 yrs old) providing a service for our business. Unfortunately a problem has arisen with this service and we have written to the person explaining this. In way of a response all they will say is that we should not contact them directly but to their representative; the representative is their father. We have so far sent four letters and have received the same response every time. We have also received a letter from the father saying we should address all corrrespondence, referring to his son, to him. Do we have any obligation to deal with anyone other than the person providing the service. Any advice welcome. Thank you.
  22. Hi, I have an ongoing dispute about an investment with Natwest/RBS. In the correspondence they've always said I should refer to the Financial Ombudsman Service if I'm not happy with their replies. In the latest letter they haven't answered any questions because they believe they've already looked at the matter enough and simply point towards the FOS (stating that my right to use FOS runs out soon). Firstly: can I rebut the deadline given to me about my right to use the FOS? Surely, I can decide if and when I need to use them? Secondly: I'm wondering if going to the FOS weakens my case against RBS? I'm aware that the decision from the FOS isn't final if it's in RBS/NatWest favour, but I wonder if the small claims court will think my argument isn't as strong if I went to the FOS first as opposed to straight to the small claims? I also wonder if NatWest/RBS are aware of this?
  23. Hi all, My phone was disconnected on Thursday 9th January for both incoming and outgoing calls due to a failed direct debit which was taken out on 7th January 2013. There was money in my account to cover the payment but for an unknown reason this was returned. I called O2 on 9/1/2013 to make payment via debit card which was successfully paid and brought the account up to date, however upon speaking to the payment management team I was told to pay an extra £15 reconnection fee on top. I refused to pay the fee as I had paid the bill in full via debit card due to the problems with the direct debit not going through. I was also told if I don't pay the £15 fee I would be permanently disconnected and have to pay early termination fees for the duration of the contract, despite the fact the bill has been paid in full via alternative payment method. I now have no use of my phone and as I am a carer for a disabled relative I cannot contact them due to the ineptitude and slackness of O2's poor service. What rights do I have, the bill is up to date?! Advice appreciated thanks:-x
  24. We have been involved with 4 identical complaints against Skandia for the past 18 months. They FULLY ACKNOWLEDGED THAT THEY GAVE INCORRECT ADVICE and which led to a loss of just over £5k. They offered £600 (4x£150) compensation which we rejected and presented our case to the FOS. After the usual huge delay the Adjudicator ruled that despite the wrong advice, buried deep (and I mean VERY deep) in Skandia's terms and conditions, was the correct information [and even that was far from clear as to its correct meaning] so, based "on a very fine balance", he ruled in Skandia's favour. We appealed to the Ombudsman pointing out that the Adjudicator had made some incorrect assertions and assumptions in his judgment which adversely affected the decision. When we eventually received the Ombudsman's reply he failed to respond to four of our points of appeal and then again ruled in Skandia's favour based upon a totally incorrect assumption that we would have taken a particular course of action even if we had had the correct information - and despite the fact that there was factual evidence to the contrary. We pointed this out to the Adjudicator (from whom the Ombudsman's letter had been sent) and asked for the Ombudsman's comments; this was rejected as "the Ombudsman's decision is final". We were then required to accept or reject the decision within four weeks - the post was delayed by a week and we then had the Christmas period when our advisors were unavailable! We asked for an extension which was refused. My advice is that the FOS are a waste of space - we'd have been better threatening legal action in the first place and maybe Skandia would then have seen the light. I wonder, too, what percentage of cases which are referred to the Ombudsman on appeal are actually reversed in favour of the appellant- maybe it's a case of supporting the decisions of your staff (or is that just me being cynical?).
  25. Hope someone can help me out here. I purchased a 2nd hand BMW form a well known dealership Jan 2012, i also bought their 2 yr service and MOT plan for £296. The car was bought from Ford Motherwell and was delivered to the Aberdeen branch for me to collect. I was advised when i bought the plan that i could use it at their Aberdeen branch. My first service and MOT under the plan is due on the 18th of this month, i have since discovered that the Aberdeen branch has now closed, on contacting the dealership customer services who then spoke with the branch where i bought the car informed me that they are not willing to do anything about it or even refund my money. Anyone have any advice they can give me please.
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