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  1. Hi I have a mortgage with BOS I have been in arrears since 2011 and didn't pay at all for a year or so stated payments again in April till July then missed aug and sept then set up new arrangement and paid two In October and one in November the direct debit will be missed on 30th as I don't have enough but it will be in my bank on 5th jan will they retry or is it best to call and explain? My arrears are 9800 Thanks
  2. After a bit of guidance... Mrs S has an old Shop Direct account long since defaulted. Lowell have had it since 2010 and issued a claim a couple of months ago. Account was opened well before 2007 Did the usual CPR and CCA and nothing received. Defence filed, mediation offered and advised that we could not mediate as the Claimant had failed to supply paperwork - no agreement, no statement, DN, assignment etc. Mediator has advised that this cannot proceed and the claim will go back to the Court for directions and hearing date. We have now received a statement of sorts plus copy of assignment letter. Questions are:- 1. Statement shows that the last payment was six years and two months prior to the claim being issued. Nothing since whatsoever. Would this seem to be sufficient to amend the defence to a SB with any degree of confidence? The account was not officially defaulted until about six months after the last payment 2. Is the lack of a CCA still fatal to their case - even with a catalogue account? I seem to recall that catalogue account claims are less reliant on a CCA being produced 3. Likewise the lack of a DN? A more minor point, but still relevant to the defence 4. At what point should we amend the defence - never got this far with a claim before and not certain of the procedure 5. Would it be wise to contact the claimant and point out the weakness of their case and invite them to discontinue? Or let the claim run it's course? Mrs S would be most unlikely to be able to attend court if it got that far For the record:- What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. The Claimant's Claim is for the sum of £****.** being monies due from the Defendant under a Home Shopping agreement regulated by CCA 1974 between the Defendant and Shop Direct and assigned to the Claimant on **/**/** notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to S.69 County Courts Act at a rate of 8% pa etc What is the value of the claim? £2000 ish Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Uncertain, possibly not Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No - just begging letters Why did you cease payments? Change in circumstances What was the date of your last payment? early 2010 Was there a dispute with the original creditor that remains unresolved? Not aware of any dispute being raised Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Thanks
  3. THOUSANDS of British Gas customers may have had direct debit payments taken twice following an IT glitch. British Gas told The Sun online that less than 1 per cent of customers were affected by the problem. It supplies gas and electricity to over 14million homes, meaning some 140,000 customers could be affected by the fault . A British Gas spokesperson confirmed that a “small proportion” of customers have had direct debit payments twice and that any money taken in error would be refunded. https://www.thesun.co.uk/living/2262624/british-gas-takes-direct-debit-payments-twice-leaving-customers-out-of-pocket/
  4. Hi All, I received a letter of claim from Lowells & BW Legal re shop direct Acct on 26th April saying to reply by 4th May or a claim will be made against me. I sent Lowells a CCA request the same day to which Ive had no reply as to date. On the 5th May I received a claim form in the post (thought it was fake at first as was a photcopy) After having a look on this forum I have registered online with MCOL today & acknowledged the claim & ticked defend all. I there anything else I should be doing. Thank you
  5. I am having problems with Virgin Media taking an unauthorised payment from my bank and making me go overdrawn. When I phoned Virgin Media last week, they did not inform me of an outstanding balance for £18.34. Today, I got a letter from my bank informing me that because Virgin Media had attempted to withdraw £18.34 I would be incurring a £10 charge. I did not authorised this payment to be made and I knew nothing about this because I received no notification from Virgin Media. I have sent an email to Virgin's Chief Executive Tom Mockridge complaining of the matter and asking for them to reimburse me the £10 charge I am expecting from my bank. I am on sickness benefits with limited funds. I'm really quite angry with this from Virgin Media, I thought it was against rules to make an unauthorised direct debit transaction.
  6. Tesco Direct has dropped its minimum payment charge for click and collect. Until now, shoppers were charged £2 for orders under £30. The supermarket said in February it had to introduce the charge to cover rising costs and was in line with rival supermarkets, which charge similar fees for their click and collect services. But now it says that it wants to give shoppers more choice and convenience, particularly in the run-up to Christmas http://home.bt.com/lifestyle/money/mortgages-bills/tesco-direct-drops-minimum-payment-charge-for-click-and-collect-11364098202576
  7. Very / Shop Direct Limited (the parent company) Complaints made to Very.co.uk - no good. Complaint made to Shop Direct Limited - after acknowledging complaint and assigned a member of the executive team, will now not respond to my emails. WHAT IS MY NEXT STEP????
  8. I switched to OVO Energy around 3 months ago and gave them the reading at the time. I kept forgetting to give a meter reading so they used their own estimates based on a 1 bedroom flat. I recently got a letter to say they want to put my direct debit from £32 a month to £57 a month because I was £1.19 behind. Remember that everything is based entirely on their own estimates, so how have they came to this conclusion? Just to add, I gave them a reading recently which was much lower than their estimates. How can they justify putting my DD from £32 to £57? Anyone else had this happen before? P.S, just to add, NPower did the same thing and put my DD from £36 to £72 because they took the highest month usage and applied it to the whole of the next year.
  9. Hi all Our car insurance has charged us £25 missed direct debit fee because there wasn't enough money in our account to cover the insurance payment , this wasn't our fault and as caused by sky,they didn't warn us that our payment to them doubled as our special offer had ended and it clashed with the motor insurance payment. Is there any point in trying to get the fee waived or not. Thanks for any replies
  10. not sure if am posting in the right place for this but here goes : my local council and myself have been in dispute for the pass 12 months over an over payment they made to me some years agoh the dispute has been about the amount of money i pay back each month to clear the debt, this morning i woke up to find they have enforced a direct earning attachment with my employer dispite the fact that i have made payments to them every month for the last year or 2 without missing a single payment to what i can afford, now they are taking a percentage of my earnings that i can not afford putting me further and further in to debt making it so i can no longer keep up with my other debts theres been no court order and dispite sending them a breakdown of my earning some months ago they have decided that my other debts or outgoings dont matter.
  11. I've come to the end of my year's car insurance, I've moved elsewhere and cancelled the direct debit. Swinton have served me with a default notice. I'm just wondering what everyone's views were as to the legalities of such a move - afterall, I'm not in breach of any payments. Weird.
  12. Hi can I have some advice please? OH has a very account which is getting unmanageable due to a drop in wage and I was just wondering the best way to go about it and if there's any chance of getting the fees waived. The account was opened in October 15 and first used in December 15. The total purchases are 553.11 and we've made payments of 265.44 so there's 287.67 left to pay off the items ordered. The current balance remaining is 420.67 which is from an additional £54.75 normal interest. £42.25 of buy now pay later interest and £36 from 3 late payment fees at £12 each. We're doing our best to manage our debts without going into a DMP or anything but we can't meet the minimum payment this month without lending off family and I don't want it to carry on with more interest and missed payment fees added as its very quickly adding up and nearing the original purchase total. (In July they added £50.70 to the balance as 1 missed payment fee £12, interest £7.79 + buy now pay later interest £30.91) Does anyone who's dealt with them think it's worth offering a full and final settlement to close the account? And what amount would you suggest? We'd have to lend it off family so the smaller the better. I'm not trying to get anything for free but just trying to get on top of it now before it gets out of hand. Would £300 be acceptable? Any other advice would be really appreciated. I know he accepted the interest etc when he opened the account and its our fault for making the purchases but we weren't expecting the change of circumstances and are having to prioritise the mortgage etc. Thanks x
  13. Given the seriousness of this thread, it really does need to get wide coverage. Accordingly, I would hope that the moderators allow it to remain on this section of the forum. Sadly, this is not the first time that I have taken issue with documentation from DCBL. There is a long thread on here regarding this firm and their letters regarding private parking debts (more later). This firm are also behind the TV series....Can't Pay...We Will Take it Away. Yesterday, I was contacted by a gentleman who had received a letter from DCBL the previous day. The letter was received by post and was on headed notepaper from DCBL and clearly stated at the top of the letter (beside the word DCBL) the words: Certificated Bailiffs and High Court Enforcement Officers. The letter referred to a 'debt' in excess of £10,000. Interest of 8% (since May 2016) had also been added. The letter stated the following: Unless we receive immediate proposals from you regarding the repayment of this debt, the recovery process will commence 7 days from the date of this letter. We may also make arrangements for a representative to call upon you to open up lines of communication. The person receiving the letter knew about the 'debt' and knew that it was heavily disputed. More importantly, he was adamant that court proceedings had not been undertaken against him and that a judgment had not been obtained. He intended writing to DCBL. Before being able to, he had a visit at his home from a High Court Enforcement Agent from DCBL. It is fair and accurate to state that an argument broke out. The 'debtor' called the police. Astonishingly, the police refused to attend stating that they were satisfied that DCBL had authority to attend his premises to enforce the debt. The High Court Enforcement Agent from DCBL refused to leave the premises unless he received payment. Under duress, the debtor borrowed a sum of £2,000. DCBL yesterday confirmed the following: That the debt had not been subject to court action. That a judgment had not been obtained by the creditor. That they were enforcing a 'pre judgment' debt. That the 'High Court Enforcement Officer' was attending as a 'Debt Collector' Members of the public receiving letters such as these will no doubt be hoodwinked into believing that the debt was legally due and that a court order exists. They would be wrong.
  14. The Taking Control of Goods Regulations 2013 came into effect in April 2014. A significant change to the regulations was how bailiff fees are to be deducted from any payment made. This is explained in detail on the following STICKY: http://www.consumeractiongroup.co.uk/forum/showthread.php?453047-Bailiff-enforcement-Setting-up-a-payment-arrangement-and-whether-you-can-pay-the-court-or-the-council-direct Almost as soon as the regulations were introduced, local authorities around the country were inundated with Freedom of Information requests to ascertain whether or not the council would properly deduct the bailiffs fees in accordance with legislation in cases where the debtor defied the instruction on the Notice of Enforcement, and instead, paid the council the amount of the liability order only (minus bailiff fees). If nothing else, these FOI requests have highlighted to the councils the way in which the regulations had changed. With the regulations having now been in place for 20 months it is now the case that paying the council direct (minus bailiff fees) rarely ever succeeds and instead, is leading to debtors being in a much worse financial position than ever before given that by the time the payment has been processed by the local authority, the 'compliance stage' outlined in the Notice of Enforcement would have ended and with it, the opportunity to enter into a payment arrangement without the need for a personal visit from the enforcement agent and a charge of £235 being applied. Given that this is a discussion thread, it may be useful to debate this subject but please.....no arguments or squabbles.
  15. Hope someone can provide some advice on where I stand legally with regard to this:- On 23/3/2014 I entered into a yearly membership at X4l. On 10/11/2015, I completed the online cancellation form and immediately cancelled my direct debit with them, which I know they say you are not supposed to do. On receipt of letter of default notice I rang Harlands on 20th November 2015 and paid what I believe to be the final months payment, they agreed this was all that owed. On 6/4/2016, I started receiving threats from Credit Resolution Services that I still owed X4l the payment for the month of December 2014 and so, provided them with proof of the final payment made to Harlands and completion of the online cancellation form, but despite this the threats continued. I stopped communicating with Credit Resolution Services back in July, but they have in the last week, sent me a letter stating that they may take me to Court and obtain a County Court judgement if I don't pay £183!! I do not think they have a leg to stand on, but would be grateful if someone could help clarify things for me.
  16. hi its my first time on here was wondering if anyone can help as my husband and i bought a car and part exchanged a car aswell with yes car credit auto direct finance back in 2005 we paid them off in full around 2006 we got made to take ppi out amongst other things cant find a address or tele no to start a claim would be very grateful for any advice and who i can speak etc many thanks
  17. Hi there I am not great with wording things so I will try my best here. I took out a car with Yes car credit back in 03/04, I was young and stupid I know. When I purchased the vehicle the salesman told me that in order to purchase the car I had to also take out the PPI otherwise it would be declined, now in 2007 with only 8 months left to pay on the vehicle ( a vehicle I had paid way over the odds for in the first place) I became unemployed and fell behind with payments, a man rang me and said he was coming to collect the vehicle to be sold at auction as I hadn't made in payments in 2 months, no notices were served just a few phones calls from yes car and then a man saying I had to give it back which I found quite intimidating, almost bullying in a way. At the time I did not know my rights my own stupid fault I just thought I had to hand the car back so when this man turned up at my door I did, all I was given was a tiny compliments slip to sign that was it. (I have moved house since and don't have it now) anyway the car was gone and sold at auction, I then began to get debt letters from Direct auto finance saying I still owed a few hundred pounds, demanding payments etc. Then came the PPI scandals and I decided to refuse to pay as I don't believe I owe them anymore having paid thousands already and claim back the PPI. I have tried twice now with the company and both times have been told to get lost and that I signed and accepted to pay so it was tough basically. Then I started getting letters from DLC demanding payment so I complained again saying that I felt intimidated to hand back the vehicle and that in fact I had owned more of it than DAF and I believed the PPI was missold, they responded saying they would investigate and I got the usual response of it wasn't missold etc but they took the other part of my claim seriously and had passed it back to DAF to investigate further. Now all of a sudden DLC have sent me a PPI questionnaire to fill out on behalf of DAF and are also continuing to investigate the claim of how the vehicle was repossessed. I am going to fill out the questionnaire but my question is am I wasting my time again as they stated the last time it was their final response, has anyone ever been successful with these people? Hope this makes sense
  18. Hi, New here and any help will be appreciated! i've recently discovered that Shop Direct have taken out 2 CCJ's against me for an account that i never owned. One of the CCJ's even has the wrong DOB on it - crazy to think the court never picked this up! i need to know what actions i can take to get rid of these CCJ's - ive just got off the phone with Shop Direct who say they will not treat the accounts as fraud as the items were supposedly delivered to my house and a few payments were made. I had never even heard of Shop Direct until a couple of weeks ago and certainly never had any goods off them or paid them anything! First CCJ: Recovery Agent - Lowell Amount - £2976 Account Start Date - not know as its not on my credit file however on the phone i was told it was in 2008 CCJ Date - 12/08/14 Second CCJ: Recovery Agent - Capquest Investments Amount - £1038 Account Start Date - 13/05/2008 CCJ Date - 11/09/14 Has wrong DOB on it What i need help with is the best course of action now as ive heard by filling in a Subject Access Request Form and requesting the information held on me, this means i am admitting the debt and can open up a can of worms. ive reported the fraud to the police but Shop Direct were not interested in that when i told them. i dont want to call up the debt collection companies as again they are extremely unhelpful and unless i know exactly what to tell them that will open up a can of worms too. Thanks
  19. Hi, hope for some advise. I paid my road tax via the DD scheme at my local post office back in September and set up the monthly payments via my bank. I have not authorised my bank to stop payments but the DVLA have stopped requesting payments and are now claiming that my car is not taxed. I have had no letters stating wht payments have not been requested and paid as agreed but it would appear that i am being held accountable for the DVLA breaching the DD scheme which seems a bit unfair. Any advice would be appreciated.
  20. Hi, After a bit of advise please. I received a letter from Lowell regarding a shop direct account saying that they have been instructed by Lowell Portfolio to commence legal action and issue a claim against me, along with a load of costs on it. I contacted Shop Direct, as I was very dubious about the balance quoted, let alone the debt. I think it is something I set up for my ex to buy a few bits and pieces. Looking at my credit file, the defaulted balance is half of the amount they claimed. I contacted Shop Direct and found out (very little, other than the last purchase was July 2010. They couldn't provide information regarding any payments made (or wouldn't, they referred me to Lowell). What should I do. If it was defaulted at have the value they are claiming, are they allowed to add whatever they want to the balance? Can I request they prove the balance etc?
  21. Hi there, this is my first post In July Yeomans Outdoor Leisure had a sale, and I bought this tent: You can see they make a big deal of the free £50 gift voucher. The tent arrived but the voucher wasn't forthcoming. So I looked up the t&cs and was surprised at condition 14.11. Sounds like misleading advertising to me: I've contacted Yeomans Outdoor Leisure twice by email (no response), once in writing (no response), and have just sent them a letter before small claims action. So far so good. But I've just been back to their site, yeomansoutdoors.co.uk, and was surprised when it redirected me to another website, fieldandtrek.com. Both Yeomans Outdoors and Field & Trek are part of the Sports Direct empire. I suspect Yeomans may be about to be wound up. I'm pursuing this more on principle than for the £50. Is there any way I can fight this?
  22. I am really confused with Hastings Direct Smartmiles. am 25, got my license 4 months ago and got myself a little car a couple of days later. A couple of issues I have had with them, Issue 1: Insured it with Hastings direct Smartmiles as it seemed to be a good policy and for a good price. Set up my appointment to have the blackbox fitted all fine. The night before the engineer was due to come in the morning and fit the blackbox (which was a couple of days before the end of the two week grace period due to my hectic work schedule) I got a call saying they wouldnt be turning up as the engineer had been taken ill, all fine and understandable so re-arranged it for a few days later. Again the night before I got another call saying the engineer would not be coming due to where I live. Hang on, they knew where I live when the original appointment was set up (and when I took out the insurance) how are they only just realising the engineer can't get here? Then told i would have to go to an authorised installer over 18 miles away to get it installed, annoying and so much for the installation being at my convenience. this was set for a weeks time, way past the grace period, which of course meant I was getting hounded by letters and calls threatening to cancel my insurance policy as I hadnt had the box installed. called them multiple times to explain the situation and confirm it wasnt my fault it was theirs and they promised not to cancel. Carried on getting the letters. the morning of the appointment i get a call from the installing garage asking me about my appointment as they had only just been told about it . I confirmed it and explained the situation to them and they were very short to me about it due to the short notice which was understandable. Got it done, then got home to put in a complaint to hastings re all the touble and threats id recieved they said they would investigate it. A few days later I get a letter from them saying the issue had been resovled and id be getting a £90 refund from the installation team due to my issues. great. Except I NEVER got it. Issue 2: Fast forward a few months and im involved in an accident (not serious) which i agreed liability to as Id been pulling out onto a main road , (the other person hadn't seen me pulling out and therefore hadn't slowed down). They got a small amount of damage (A smashed headlight and a dent in the bonnet), my car was written off. eventually when my car had been taken away and inspected by an engineer to confirm it was a write off, the engineer said I would recieve back the valuation of the car £1250 minus my excess which was £95. she asked me how I would want the money to be paid with me either bank transfer or cheque, I stated bank transfer please. Another week later (17/08/2016) i finally receive a text from hastings saying that my claim had been settled and I would recieve my payment within 7 days. Finally I thought, I can start looking for another car! Today (24/08/16) I called them during my lunch break to ask about my payment as I had not received it they said it had been authorised on the 19th. Got home and there was a cheque waiting for me. Funny bank transfer huh. Heres the good bit, the cheque was for £741, over £400 pounds less than I had been told! Straight onto the phone to them again to find out what had happened apparently as well as the excess they had also taken the £400+ as I pay monthly to pay the rest of my insurance for the year(which I hadnt been told would happen, just minus the excess), even though I had been previously told that my insurance had been suspended waiting for me to cancel it if i wanted. He explained that I had 30 days to add another car onto my policy (which I also hadnt been told). I informed him that I wasnt going to add another car onto my policy as I was thinking of getting a policy with the main arm of hastings when i got another car as i didnt want the black box anymore, and why have i been made to pay for the whole years insurance when Id only had it a few months and wasnt going to keep it anymore . Suddenly he was speechless and didnt know what to say anymore, then said maybe you should speak to the total loss team as they were handling it. He then put me on hold again for a while (about 5-10 mins) said they seem quite busy do you want to call back, i asked to be transferred. Another 5-10 mins later and someone picks up, i explain the previous conversation and she says i have not idea what to do about that the people you were speaking to deal with all that stuff, but its just gone past 6 pm so they cant speak to you any more about it today. She then even laughed a little and admitted it saying 'yeah probably' when i said 'oh thats just typical thats probably why they transferred me here then' Has anyone else had a similar experience or even heard of being made to pay for the whole years insurance when they dont even know if you will be keeping it any more. Im fed up with this company, safe to say they will never be getting any more business from me or my family again, I'd rather pay a bit more to someone else that have customer service like this! If anyone has had a similar experience or has any advice on what I could do I'd be very grateful!
  23. I bought my son a Direct Bike and at £499 + costs which I expected. Whilst I was some what suspicious about the product given some of the things I had read on the internet I felt there was a lot of price gap between the nearest new product and Direct Bikes should anything go wrong. I have to say the product which arrived was well crated and arrived in the time interval give and even though getting insurance and sorting Registration was a little problematic it got sorted and my son is extremely happy with the bike. My issue is with their after sale or lack of after sales and I have experienced exactly what other have. Stone walling and its all my fault. As a motorcycle fanatic for forty years I've been repairing, restoring and servicing my own bikes for years and as my son is now doing vehicle maintenance at college, we have undertaken servicing to the bike at the recommended periods. However the automatic clutch has failed at 3months old or 1300 miles and I feel this is unacceptable. I have had communications with the company, so at the risk of being sued by the company here is the communications I had with them which is in contravention to their rider which says: This email and any files included with it may contain proprietary and/or confidential information that is privileged and confidential and is for the sole use of the intended recipient(s). Any disclosure, copying, distribution, posting, or use of the information contained in or attached to this email is prohibited unless permitted by the sender. I'm hoping they do, as this will get this matter to court. --------------------------------------------------------------------------------------------- Q)The DB50QT-11 we purchase for or son has an automatic clutch issue could you pls supply me with an approved dealer within our area. ------------------------------------------------------------------------------------------------ R)Thank you for your email. Please see information on your local approved service centres: ----------------------------------------------------------------------------------------------- Q)Thank you for your response. I have considered the two companies suggested but both are very busy with work . I have therefore been to a Garage near to my works. They have looked at the clutch issue and tell me the belt drive on the back of the clutch has separated with the furthest rear belt plate becoming detached from the clutch unit and needs replacing. Whilst not uncommon he suggested it is normally the inside belt plate which normally detaches. Since the bike is only three months old with approx. 1300 miles on the clock I would like to make a claim under the guarantee for the replacement parts to repair this fault. Since I am not aware of the structure of the clutch assembly due to lack of a work shop manual I do not know exactly what parts for the clutch assembley are needed, but it will need a new clutch housing gasket I would be grateful of further details regarding making a guarantee claim ----------------------------------------------------------------------------------------------- R)Thank you for your email. Has your bike been serviced? ----------------------------------------------------------------------------------------------- Q)Yes . Using P22 and 23 of your customer manual. The inspection and replacements were done at both 3mths and 6mth mileage intervals by myself and my son because he is undertaking a vehicle maintenance course at college and he wanted the evidence with photos for his portfolio. However, some of the things you have on your inspection list need updating as they simply do not exist on this bike. The only reason for having the garage do the work now is I do not have compression tools often required when rebuilding clutches, and without the ram-air socket its too easy to damage parts. ------------------------------------------------------------------------------------------------- R)You have confirmed that the scooter has travelled 1300 km with out two services carried out by yourself. The scooter is substantially overdue for its first service. For the continued use and safety of your scooter it is essential that your scooter is serviced which ever is sooner at 300kms/3 months - 1000km/6 months 3000kms/12 months and every 3000kms / 6 months subsequently by an approved service centre. This is clearly stated within the terms and conditions of sale. By way of example: 3.3. The Buyer acknowledges that the Goods are provided with the requirement to attach the wing mirrors, battery and any free accessories by the Buyer and all nuts and bolts need to be checked before road use. The Buyer acknowledges that the goods are not to be driven over 20mph for the first 100 miles of use. The Buyer acknowledges that the goods are supplied for public highway road use. The Buyer acknowledges that the Goods need to be registered with the DVLA and that the DVLA may wish to inspect and request the Goods to be tested and that the Seller does not cover any associated costs. The Buyer acknowledges that for continued use and safety the Goods need to be regularly serviced at the service periods are due at either distance travelled or time period of ownership, which ever is sooner, (300km / 3 months of ownership for first service, 1000km / 6 months for second service, 3000km / 12 months for third service and every 3000kms / 6 months of ownership subsequently) & mai ntained by an approved service centre. In order to maintain high quality workmanship and sound mechanical practices you should only seek standard repairs and standard servicing in relation to the Goods from an Approved Service Centre with approved parts. At the regular service intervals the scooters components are inspected, cleaned, adjusted, lubricated, and/or changed. Under the circumstances we are unable to process a claim. ----------------------------------------------------------------------------------------------- Q)I would suggest you please read my previous e-mail and your reply. I clearly state the two services were carried out by my son and I. But in your reply you tell me: “You have confirmed that the scooter has travelled 1300 km with out two services carried out by yourself.” This make no sense. However, now to the facts as you well know. No matter what services have been done on the scooter the part which has failed is a none serviceable part and therefore it is reasonable to expect you to replace, free of charge, the parts required without the need for a protracted disagreement over wordage etc. The parts amount to only around £30-£40 retail and much less than this for your company. The largest cost which is labour you are not standing. So I would be grateful for you to contact the garage where I have taken the scooter and organise with them to send replacement parts which should not have failed after such short usage. -------------------------------------------------------------------------------------------------- R) Our bikes are not for self service, they need to be serviced by an approved service centre. This is clearly stated in the terms and conditions of sale: By way of example: 3.3. The Buyer acknowledges that the Goods are provided with the requirement to attach the wing mirrors, battery and any free accessories by the Buyer and all nuts and bolts need to be checked before road use. The Buyer acknowledges that the goods are not to be driven over 20mph for the first 100 miles of use. The Buyer acknowledges that the goods are supplied for public highway road use. The Buyer acknowledges that the Goods need to be registered with the DVLA and that the DVLA may wish to inspect and request the Goods to be tested and that the Seller does not cover any associated costs. The Buyer acknowledges that for continued use and safety the Goods need to be regularly serviced at the service periods are due at either distance travelled or time period of ownership, which ever is sooner, (300km / 3 months of ownership for first service, 1000km / 6 months for second service, 3000km / 12 months for third service and every 3000kms / 6 months of ownership subsequently) & mai ntained by an approved service centre. In order to maintain high quality workmanship and sound mechanical practices you should only seek standard repairs and standard servicing in relation to the Goods from an Approved Service Centre with approved parts. The belt, clutch and associated components are part of the services that you have failed to adhered to. Under the circumstances we are unable to process a claim. --------------------------------------------------------------------------------------------------- Q) Ok. The Sale of Goods Act 1979 says that any item you buy from a trader must be: of satisfactory quality fit for purpose match any description given. If it isn’t, you can usually get one of the following: a repair a replacement your money back (a refund) some of your money back. You will not have these rights if: there is nothing wrong with the goods – you have just changed your mind about wanting them you examined the goods, or a sample of the goods, when you were buying them, and the fault you want to complain about was so obvious that you should have noticed it the trader pointed out the defect that you now want to complain about you have damaged the goods yourself the problem is the result of normal wear and tear the goods have lasted for as long as could reasonably be expected. This means that you fail on two counts since under no condition of servicing is this part of the motorcycle inspected or attended to. In fact it is behind a sealed cover which is never removed as part of any routine servicing. Therefore the item has failed sooner than would be reasonably be expected and was therefore not of satisfactory quality or fit for purpose. As such we are entitled to a repair or a replacement and you are using some unreasonable demands written into you blurb to try and reduce your liability which I can show is not applicable in this case by providing you with written statements from say five different service centres who will agree that your literature is not applicable. If you still feel you are covered by your claus 3.3 then I will have no option but to pursue this matter through the small claims court and I’m sure that your tarnished reputation via Watchdog and trading standards in the past will do nothing but to support my claim. I real do not understand why you feel this very small claim is worth fighting unless of course it is put into the context of say lots of individuals having similar problems with substandard parts which you refuse to deal with hiding behind clause 3.3 saving you say: 1000 claims p.a x £20 = savings to the company of £20,000. I would ask you to reconsider my claim. Since given your initial response and anticipating your reaction, I have now purchased the parts required and the scooter is back on the road. Because of this I now request a cheque for £25 to cover the cost of getting the parts and the postage needed. I am more than happy to supply you with proof of the repair and proof of purchase of the parts required. All this said the scooter is really nice and a fantastic product for the price it’s just a shame you insist on such archaic aftersales service putting you company in such a poor light. ------------------------------------------------------------------------------------------------- R) Thank you for your email The sales of goods act 1979 does not cover misuse. You have misused the goods by not servicing the vehicle as required. The service requirements are clearly stated in the terms and conditions of sales that you have agreed to upon purchase. 3.3. The Buyer acknowledges that the Goods are provided with the requirement to attach the wing mirrors, battery and any free accessories by the Buyer and all nuts and bolts need to be checked before road use. The Buyer acknowledges that the goods are not to be driven over 20mph for the first 100 miles of use. The Buyer acknowledges that the goods are supplied for public highway road use. The Buyer acknowledges that the Goods need to be registered with the DVLA and that the DVLA / HMRC may incur a delay in registration or wish to inspect and request the Goods to be tested and that the Seller does not cover any associated costs. The Buyer acknowledges that for continued use and safety the Goods need to be regularly serviced at the service periods are due at either distance travelled or time period of ownership, which ever is sooner, (300km / 3 months of ownership for first service, 1000km / 6 months for second service, 3000km / 12 months for third service and every 3000kms / 6 months of ownership subsequently) & maintained by an approved service centre. In order to maintain high quality workmanship and sound mechanical practices you should only seek standard repairs and standard servicing in relation to the Goods from an Approved Service Centre with approved parts. Our vehicles are not to be self serviced. The terms and conditions clearly state that servicing is to carried out by an approved service centre It is not possible to purchase a vehicle without prior agreeing to the terms and conditions of sale. As advised prior the belt, clutch and associated components are part of the services that you have failed to adhered to. Under the circumstances we will not be able to process a claim and is our final position regarding this matter. --------------------------------------------------------------------------------------------------- Further to your e-mail. I would like a plausible explanation as to how, by not inspecting the span clutch leaver which is the only reference to a clutch part in your service regime constitutes misuse when the scooter does not have a span clutch lever. Also, if the scooter had been to a motorcycle service centre they too would not have looked at or adjusted an part of the clutch assemble or parts that are not on the scooter. If non of the service items affect the clutch even indirectly how can this be categorised as misuse? ------------------------------------------------------------------------------------------- Thank you for your email. You have confirmed that the scooter has travelled 1300 km with out two services carried out by yourself. The scooter is substantially overdue for its first service. For the continued use and safety of your scooter it is essential that your scooter is serviced which ever is sooner at 300kms/3 months - 1000km/6 months 3000kms/12 months and every 3000kms / 6 months subsequently by an approved service centre. This is clearly stated within the terms and conditions of sale. By way of example: 3.3. The Buyer acknowledges that the Goods are provided with the requirement to attach the wing mirrors, battery and any free accessories by the Buyer and all nuts and bolts need to be checked before road use. The Buyer acknowledges that the goods are not to be driven over 20mph for the first 100 miles of use. The Buyer acknowledges that the goods are supplied for public highway road use. The Buyer acknowledges that the Goods need to be registered with the DVLA and that the DVLA may wish to inspect and request the Goods to be tested and that the Seller does not cover any associated costs. The Buyer acknowledges that for continued use and safety the Goods need to be regularly serviced at the service periods are due at either distance travelled or time period of ownership, which ever is sooner, (300km / 3 months of ownership for first service, 1000km / 6 months for second service, 3000km / 12 months for third service and every 3000kms / 6 months of ownership subsequently) & mai ntained by an approved service centre. In order to maintain high quality workmanship and sound mechanical practices you should only seek standard repairs and standard servicing in relation to the Goods from an Approved Service Centre with approved parts. At the regular service intervals the scooters components are inspected, cleaned, adjusted, lubricated, and/or changed. Under the circumstances we are unable to process a claim. If you require parts, please see the link below: Please arrange your overdue service with your local approved service centre. We are the brand manufacturer of the scooter, as advised prior the belt, clutch and associated components are part of the services that you have failed to adhered to. We have already confirmed our final position and will engage in no further correspondence regarding this matter. ------------------------------------------------------------------------------------------------- Well I'm sorry this is so long but it is as it is. I have sought legal advise but the cost of initial consultation etc, seem prohibitive given the small amounts involved maybe this is why they can get away with poor customer service?. I have passed this info on to trading standards and am awaiting a response so I suppose there is still hope yet. Might even give a copy to Watchdog. Maybe they will want to do another piece?? --------------------------------
  24. Hello Everyone, I had few hundred pounds stuff ordered from shop direct in 2013 . I didnt like the stuff and sent it back , I got email confirmation that shop direct will refund in my account which they never did . I have more then 25 emails which I sent them and their replies that they have received the goods back and they will credit the account they never did. Three years later I got latter from Lowell demanding £3182 and its going higher day by day. I requested CCA AND CPR on 11/12/15 . I requested , 1. Agreement / Contact 2. Default Notice 3. Assignment 4. Formal Demand But instead I received the Lowell made documents today which they will present in court. I have attached here. ( PLEASE HELP i have never been to court and dont know what to do ? There are more documents here... Thank you Andy ..I haveattached court documents here. docs1a.pdf
  25. hi I am writing on here because I am at my wits end. Hastings have done nothing but pass me from pillar to post, the have even told me lies ,which can be proved as they have told me they record all phone calls, unless that is yet another lie, this will be my second post today ,my first was to watchdog, hopefully someone can help me sort this out,i will also be looking to see where else I can post my experience.my son had a head on collision on the 6 sept it is now 21 sept,I will not mention any names etc,only the relevant information, the liability is still under dispute, however the accident investigator is confident we can prove my son was 100 % not at fault, any way the car was classed a total loss within a week, so the nationwide courtesy car was taken back, but was replaced with a car from Albany assistance which he is still using. This is a bit muddled up sorry, Hastings were on the verge of accepting 50/50 until I explained the photographs in detail, also my son has the black box fitted which records data, speed braking etc. etc,so after some digging around and numerous phone calls the decided to send the investigater.he is the only person we have spoken to that is interested in getting the truth.in the mean time Hastings say they will take my sons excess of 640 plus any remainder premiums on the policy from the cheque, that will leave him with around 50 to buy another car, but its ok according to Hastings because his insurance wlll be paid up to renewal date, no good when you haven't got a car to insure. so top and bottom of it ,you are only insured until you have a total loss then its your future premiums that are insured, so Hastings get my sons excessively high excess and his remainder premiums totalling around 2240 all in. then they will be able to claim all that back from the third party, so its a win win situation for them, they basically get paid twice if you have a total loss, even if you're not at fault. oh also forgot to mention we received a letter increasing his premiums by 200 a month, when I checked this they said his mileage had increased from 5000 to 10,000 for the year ,he has only been driving 3 months and the smart miles policy allows you up to 15,000 per year. I disputed this they told me it was an error and the premium was ok and would remain the same, that was a fri ,I then actually got a phone call Mon saying they had made a mistake and the underwriters needed to see the last 2 mot certificates to prove mileage even though he's only had the car as long as his license 3 months, I argued the case then emailed them the mots, eventually the amended it again back to the original premiums. I did ask who the underwriters were as I was so angry they lied to me ,I was told by 1 person that Hastings are the underwriters (I have taken their names as well) the when I asked someone else on a separate phone call I was told it was advantage ,so another lie or really poor customer service either way totally unacceptable. There is more to write and I have more paperwork that is utterly disgracefull,i want to warn every one about their customer service ,hopefully watchdog will be in touch with me to help me sort this out, like I said there is a lot more im just so tired of being lied to and mislead, my phone bills are horrendous,gonna have to leave it at that its making me angry the whole mess, its not even my sons fault ,he is not part of their statistics young drivers, his smart box has recorded him ads an excellent driver..........
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