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  1. Hello A woman took my husband to the small claims court for a cheque that she had made payable to me. At the second hearing the judge or sheriff (I'm not really sure what they are called) threw the case out as the case should have been brought against me. He then went on to explain to the woman that she should take a small claims out against me as it was me that she wrote the cheque out to. He then said it was me that was liable for the cheque, (even though I was acting as an agent for this cheque) and that if the woman takes out a small claims against me he would probably make a judgment in her favor. What I want to know is have my human rights been violated in this case, as the judge/sheriff has not afforded me the chance to put my case across and would not let me explain about the cheque and told this woman to take a claim out against me and she will probably win. I am now receiving abusive letters from this woman stating that as the judge/sheriff said it was me that was liable, she wants her money back. Any thoughts or help would be appreciated.
  2. Hi All, We are a couple who are not very car savvy and certainly not mechanically minded. Three months ago, we bought an eight year old Peugeot with 70,000 miles on the clock from a car supermarket. It was in visibly good condition with a single lady owner and low mileage for it's age so, we paid slightly over the valuation price Parker's gave. At the time of the test drive, a number of potential issues were brought to the salesman's attention such as a clutch pedal with high biting point and two very worn rear tyres. We were told not to worry as the car would get a "intermediate service" and MoT prior to purchase - any advisories would be corrected before we picked up the car. Additionally, we were told that the car came with a three month warranty - if anything went wrong "just take the car to any VAT registered garage and get it repaired under the warranty" was the jovial salesman's line. It was also stressed not to take car back to them as they didn't do repairs on site. Within the first 3 months of low mileage use: * The exhaust had to be replaced - numerous clips were had rusted through leaving the exhaust resting on the axle; * The clutch had to be replaced - friction plate problem; * Two tyres needed replacing as were illegal tread depth; * The belt and belt tensioner needed replacing. The repairs, parts and labour came to just over £700. The warranty company declined to cover all items bar the belt tensioner - all other items were "wear and tear" and not covered. We phoned the dealership at the time of having repairs done at our cost at a local garage and they were not interested beyond reluctantly providing a name to address a letter to. We subsequently wrote to the dealership stating facts, dates, prices and quoting Sales Of Goods act - in particular the points of satisfactory quality and fit for the purpose. We requested simply that the dealership cover the items which the warranty company had declined. The dealership wrote back and declined to help stating that all faults were 'wear and tear'. Having spoken to Consumer Advise, we re-wrote the dealership stating our belief that they were in breach of the sales of goods act and asking them to re-consider their position. We also stated that we would start small claims court action if we did not receive a satisfactory response. We've just received a letter back from the dealership essentially washing their hands of the whole matter - they re-state that all issues were wear and tear and go on to say that both they and the warranty company will 'vigorously' defend themselves if we bring any actions against them. We've never brought a court action against a company before and would rather not open ourselves to potentially large costs / legal bills. Does anyone have any experiences with similar claims who could offer any advise on whether it is worth actually issuing proceedings in our case? Are we expecting to much from a second hand car?
  3. Asking a couple of questions on behalf of a friend. She is disabled and rents a privately owned studio flat in a block owned by a private landlord. She has been on the waiting list with maximum points due to her disability for social housing for years but nothing suitable for her disabilities has come up and there are no other private rental properties suitable under the LHA where she lives. Currently she has two main problems. One is a current tenant in the block leaves her pushchair up in the downstairs hallway and refuses to fold it down. My friend is unable to get by it due to her disabilities and is unable to move it, this means she is trapped in her flat and can't get to the main door to the building to let people in when they call for her (her carer or friend for example) When asked to fold up the buggy the owner just says that having a child is a disability and refuses to do so. The property owner has written several letters to the buggy owner asking her to fold it up to no avail and the property owner says that is all he can do. On occasion this has left my friend unable to get out to collect medication and buy food. Secondly, when unwell or blocked in by pushchair she cannot get out of her flat to the main door of the building to let people in who are coming to help her. This is because the type of key to the main entrance is one that a key cutter is not allowed to copy without the owners permission. The owner says that his phone number is on the outside of the property and any carer can phone him and he would come over and let people in so has refused to give this permission for the key cutting but my friend needs regular support at all hours and it would be so much easier for there to be a second key to the main door so help could be available at all times. Does she have a right under the Equality Act to gain permission for a second key to be cut due to her disability, or does the property owner have a right to decline her request? This is the main question she has at the moment because if trapped in by the buggy, someone could pop round and move it for her so she could leave the building. Thank you for your advice in advance.
  4. Hi all, My freeholder is being an ass (to put it lightly) as I am pushing his hand to attend to urgent external repair works which have caused damp to come into my home for well over a year. He is trying to make my life difficult by enforcing random lease clauses he has never bothered with in 7 years. One is in relation to him being able to inspect my property and ask for repairs to take place. I live in England – so if any of you lovely people know the law and could help me out I would be ever so grateful. I have done some research online and found some answers. His demands and my notes below. 1. The windows do not have window restrictors fitted, therefore causing a serious safety risk. Window restrictors must be fitted to all windows. ------I believe current regs only apply to new builds – if you know otherwise, please do let me know? Windows are double glazed with a handle you turn – the bottom half of the window then tilts out to approx. 45 degrees max. (we are on the first & second floor above commercial premises) It is not stated as a requirement in the lease. 2. On the day of the inspection we were unable to see the spur switch to the oven. All appliances should meet the health and safety standards. We require the gas and electrical certificates. ------I need to try and find the spur over the weekend Am I obligated to provide him with gas & elec certificates? It is not stated as a requirement in the lease. 3. The electric meter and main fuse switch box are also not positioned as per the legal height requirements. They should not be higher than eye level and should be easily reachable without the aid of a ladder ------ I already know current rules and regulations are only applied to new builds as it would be impossible to retro-enforce the law Am I still required to alter though? 4. Remove the key operated door locks from the bedroom doors and replace locking mechanisms which do not require a key to open the door from the inside in order to aid escape in the event of an emergency. ------ Re: Internal flat locks - all rooms in the house have door handles with a key that turns a look (where the key can be removed from the lock). Aside from the WC & Shower Room we don’t actually use the locks, however is there any legal regulations on whether or not I can have these on internal doors (including the WC?) ------Re: the Lock on main door / communal entrance - Ironically this door to the building which is within the freeholder’s remit does not have a snib lock and requires a key to open. It’s the only escape route so if there was a fire and we couldn’t find the key we would be unable to leave the building. Are there any rules & regs regarding external / communal doors and the lock required? Thanks in advance, won’t let the bugger bring me down!
  5. My son was taken on by a garden centre on a 3 month trial. After 3 months nothing was said and his employment lasted a total of 5 months and then the owner dismissed him saying it wasnt working out. His original letter of employment stated £5.50 p/h and he was only paid £5.00 with doing a 40 hr week there is a discrepancy there but also what holiday pay would he be entitled too? He had acctually taken 3 days off as holiday and was dismissed on the morning of his return by being called too the office without any other representation and dismissed..... ......so does he have any rights? Many thanks greenige.
  6. I apologise if there is already a thread on this. I thought there MUST be but couldn't find anything. Is there any guidance available on where to complain if I believe an airline is not conforming to the Consumer Rights (Payment Surcharges) Regulations by charging excessing credit card fees? I often use Aegean Airlines to travel between Greece and the UK but I notice they are still charging £7 per booking for any payment card other than their own when all other airlines, as far as I know, have brought their charges into line with the new regulations and charge around 2% of the cost of the booking. Even Ryanair have conformed so, if even THEY can't circumvent the new rules then they MUST be pretty much unbeatable. I have contacted Aegean about this but just received a standard email saying what an amazing and great value company they are with a link to their booking engine. How do I go about complaining? Do I have to have actually been 'caught' by this, i.e. actually made a booking? Does the fact that they are a foreign company matter? I would think not as I am trying to buy a ticket while in the UK, in sterling and originating from London.
  7. New rules come into force today to protect shoppers against rip off fees and hidden charges Sneaky pre-ticked boxes on websites will be banned Excessive credit and debit card fees are also outlawed Online shoppers will get 14 days to return goods bought on the web as new consumer rights laws come into effect today. The new rules are part of a package coming into force to protect shoppers against rip off fees, hidden charges and other pitfalls. Shoppers will be able to send something back and get a refund when buying online if something is not quite what they wanted or expected or even if they have simply changed their mind. Those buying music, films and books in digital format can also use the cooling off period for the first time. It means shoppers will be covered at stores such as Amazon and catalogue firms and even eBay where the seller is a retailer rather than an individual. The measures are part of the new EU Consumer Rights Directive, which is being brought in to make families feel more confident about shopping online. Hidden fees and charges will also be banned, with sellers obliged to include any extra amounts before the customer places an order. Sneaky pre-ticked boxes on websites will also be banned for payment linked to additional services, such as travel insurance when buying a holiday or flight. From now on customers should never be forced to actively opt out of any services or add-ons. Retailers will be banned from charging card fees that exceed the actual cost of processing a payment and companies operating a helpline will be banned from charging more than the basic rate for calls. Excessive credit and debit card fees have also been outlawed. This was implemented under UK law last year, but now has the backing of the EU directive as well. Read more: http://www.thisismoney.co.uk/money/news/article-2656959/Shoppers-14-days-change-minds-return-goods-bought-online-new-consumer-rights-law-comes-force.html#ixzz34WnZUQ7r
  8. Hi all, Had my car (oldish worth It failed on front brake imbalance, and corroded/worn discs on the front. Garages quote was extortionate (when isnt it ) so I got somewhere else to do the work at a 1/3 of the price. Car was in today for another MOT as it exceeded the retest deadline, and it has failed. I turned up at the garage, they said the rear brakes were shot and needed replacing, I asked why this wasnt picked up on 1st test & they tried fobbing me off that: 1st answer - I had broke it driving it to/from the garage 2nd answer - It had broke on my drive 3rd answer - the mechanic who fitted front brakes broke it So the garage showed me on rolling road that the rear right brake wasnt stopping the wheel, whereas the left was. He didnt know why without taking the wheel off etc. He showed me the readings on the computer and said that was a fail. I then asked to see the results from the first test which he uhm'd and ah'd about because it was going to take him "forever". When he found them, he found that the 1st tester has since been sacked, and on the first test he had found the right rear brake was faulty - had recorded it on his test sheet but not transferred to the MOT refusal form which I was given. I was therefore only quoted for work to the front brakes. The guy changed from me being at fault to being apologetic at this point and has said he will "sort it" whatever that means. Question is - where do I stand? The car being worth what it is, I have already paid out for 2 x MOT's, front discs/pads fitted, amongst other bits and bobs & the tax is due at the end of the month. If this repair costs another £50 - £100 (which knowing the garage quote it will be!) I would have originally considered scrapping the car and getting something else. I have therefore wasted the front discs/pads and an MOT if this is the case. Having all the work done at the same time would have also cost me less than having two visits. Are they liable to fix this issue, or anything like that? My main worry is if I had taken it back during the retest period, would they have passed it and only tested "the fault" which was front brakes. Thanks in advance.
  9. I recently signed up to Brighthouse just to buy a hoover with weekly payments. I have since discovered I could get it elsewhere as my credit rating isnt exactly that bad. Anyway, after a month from an original payment, I still have not received the goods and I am being bombarded with calls to try to get me to pay my next installments. The first problem I have is that I am paying a rental agreement for an item I don't have yet because I did not supply one proof of income that is provided in my wifes name and because it is in my wifes name they want bank statements. I have spoken to the staff at the store and stated that I want to cancel the agreement for a full refund as I can't see why I should be paying for something I don't have. I even stated that I would come in to the store a week later to process a refund although I do not know why I keep getting calls daily (4 or 5 today so far). The calls are all automated and I know brighthouse have the option to suspend accounts as you can have "payment holidays" where you do not hold the goods. Can anyone provide me with advice before I block their numbers? Thanks
  10. If you do not use the insurance company's approved repairer, your rights of redress are affected. I recently had an accident where the other driver was at fault. I drive a BMW. The third parties insurers did not have BMW in their approved network. Rather than use an unknown chosen by them that was NOT BMW, I chose a repairer who had done satisfactory work previously. Unfortunately the repairer I chose. Decided to paint my car a different colour. Which was nice. In a reply to my initial complaint to the insurance company asking them to make my repairs good, I received the following from the insurance company I quote: Dear Mr X We are unable to authorise further repairs to your vehicle as the garage used was not one of our authorized repairers. Insurance company. 1. This rather does infer a sense of bribary does it not. What did I do? I called the FOS who told me that this was a grey area. 2. This indicates that if you have an accident it is ok for the repairer to do a bad job and even if you are not notified, your rights to satisfactory repairs seem to be unfairly affected. What else did I do? I called CAB - who indicated that the contract of "supply of goods and services" was between the insurance company and the repairer. Then What? I asked the third parties insurers if they were satisfied that a repairer had charged them for work that was not as described and potentially falsified their invoice. Their response This is not of our concern. 3. Does this not hint that they are condoning a form of insurance fraud or dishonest trading? I then called again to the insurance company. I stated to them that whilst this may be their policy, to force people to use their repairers effectively, that I was not made aware of this. Nor did I assume my statutory rights are effected in the event of breach of contract. No Comment from the insurance company. 4. Surely they cannot enforce a rule unless you have agreed to it. Evidence: I requested that the insurance company send out an assessor prior to this complaint. The assessor wrote a report to them stating the work carried out was shoddy. There are four other professional opinions stating the same thing. The insurance company refuse to help, support or do anything! So what about the repairer? Well because I did not pay for it, they did not breach contract with me. They also have now refused to do any more work for me in the future and made offensive and bullying remarks when I visited them. Outcomes. I want the car sprayed the right colour. Any thoughts of help? Please also make enquiries with your insurer -as you dont want this to happen to you.
  11. I bought a treadmill from a company called MK Trading via Amazon in October 2013. In February 2014 the belt started slipping all the way to the side and rubbing against the motor. Following the instructions to adjust the belt only worked for a few moments of walking on it and the belt slipped again. I asked the company for a replacement but the refused and it got repaired instead. I tried it once when it returned and seemed to be ok but then I had an operation so it sat in my hallway doing nothing till this week. Again belt slipping so I contacted the company asking for a refund. I am sure I read somewhere but can't find it that if it is not a permanent repair you are entitled to a replacement or refund? Anyway the company refused to refund me and have implied that the treadmill belt is a maintenance thing I should do at home, despite the fact i would have to do it every 30 seconds! I wrote to Amaon who were no help, company now saying they will collect it for inspection and repair it again, only if this second repair does not work will they offer me a replacement. Do I have to accept this offer? I really think another repair is a waste of time as the same thing will happen again. Would be grateful for any advice, thanks in anticipation.
  12. Hi, I wonder if I could call on you for some advice? I made a purchase at a company called Infurn back in July 2013, for 2 chairs that had to be made for me. After months of non delivery and them delaying and delaying they finally agreed to cancel my order in February 2014, with a refund to follow in 30 working days. To date I have had nothing from them. They do not have a telephone line you can call to speak to somebody, you have to submit a customer call back form and the wait time is roughly 1 month. I have been sending emails to them, that in the main they don't reply to. When I do get a reply I get told they are sorry and it will be dealt with as soon as possible, but still nothing. I bought the items on a credit card, I don't know if that means I am protected in any way, but your advice on what to do next would be really appreciated. Thank you. M
  13. We are being taken to court for a contact order on our son by paternal grandmother. We have not spoken to her in 13 years and was a terrible mother to my partner as a child. cafcass have filed a section 7 report for court next week and its all in her favour! We are totally devestated and dont know what to do!* We have no legal representation any advice would be grateful!
  14. Hi, What is the notice for an AGM? Can non attendees of the AGM vote for a Director? The motion of ''THAT the articles of association of the company be altered by omitting the need for an annual general meeting' has been motioned. How can I stop this? What is the 'acceptable' medium of notification of an AGM? Thanks.
  15. First time posting. Hi Good Morning all. Thanks for taking the time to read this. I’m a regular London transport user and greatly appreciate the wonderful public transport we have here in London. My question relates to what a persons rights are in the event of a mistake. Yesterday I was on one of our new Route Master buses and some ticket inspectors got on. They did their rounds and when they came to a woman sitting on the other side of the isle adjacent to me she presented her Oyster card. The female inspector scanned the card and then informed the woman: “You don’t have enough money on this card. There’s only 60p on here. I ’m going to have to take your name and address”. As I sat there listening to this I was a little surprised as at no point in time did either ticket inspector offer the woman the chance to pay the difference or additional .085p owed fare. The other thing that crossed my mind was the first thing the woman stated to them was “But I scanned in?” I t reminded me of an occasion when I was using a Cash Oyster on the tube many a couple of years ago and it let me enter the tube and the electronic gates opened but it wasn’t until I got to my destination that they wouldn't open. I spoke to a ticket inspector who told me to go to the "fares window" and was told I didn’t have enough money on the card. I topped up and was on my way without problem and didn’t think twice of it again until yesterday. Most people have some common sense and if you listen and observe a situation carefully you can notice quiet a lot that you may not notice if aggravated or flustered or upset. I could tell that the woman was really shocked by the situation. She felt so embarrassed and yet she sat there quietly, s he didn’t protest and wasn’t rude in anyway to the inspectors and volunteered information to all the questions they asked. She provided some photo ID but I guess it wasn’t a valid form of ID as they then rang someone to try and confirm who she was. She was the complete opposite to the typical foulmouthed, cocky aggressive person who's looking for a way out of the situation which you can tell they only have them selves to blame for as someone trying to fare dodge. As I listened the inspectors then started asking her who else lived at the address she gave and was this her real address. What system are they using to check and what if you’ve just moved or are a tourist or foreigner? All of this was happening on the top deck of a full bus which only had two seats on the top deck that were empty. The ticket inspectors then sat in those two seats and as passengers got on to the bus and came upstairs they then had to go back down stairs as there where no seats for them to sit in! Now fare paying passengers couldn’ sit in the available seats and other passengers who had paid there fares where starting to get upset at the way the inspectors were acting. So it got me thinking that in todays world with TFL so desperate and adamant to catch fare dodgers and crooks of any kind, they seem to make little or no allowance for a genuine mistake or flaws in their own system. What are travelling passengers rights if a genuine mistake is made? 1. Why does the Oyster system allow you board a bus or enter the Underground and make a journey with insufficient funds in the first place? Taking into account late night travel when gates are open anyway or emergencies, surely denying you access in the middle of the day in first place informs you you haven’t got enough money and also stops you getting into a situation where it appears you’re as guilty as a fraudster by making a simple mistake. After all, everyday humans make mistakes... no one is perfect. Even the Police and the Courts get it wrong sometimes. 2. Do you have the right to pay the difference or what is owed? Please correct me if I’m wrong but I thought even a shop lifter had to be offered the opportunity to pay for the goods they were taking or face arrest? 3. Do you have the right to leave the bus immediately and deal with the inspectors outside? 4. Should you and is it right to provide details of other people who live at your address? I appreciate that in certain circumstances this may aid in proving who you are but this now involves others who may or may not want to be known at that address. . for criminal or genuine reasons alike. 5. Are there any Lawyers on here who act on behalf of Tfl or the Defendants, whom could add their comments and opinions relating to how you should act if a genuine mistake is made. If you were a lawyer and made a genuine mistake, how would you have dealt with this situation? I really felt for this woman, whom in my honest opinion had just jumped on a bus, swiped her Oyster and sat down not knowing she had made a mistake. I appreciate that as inspectors they deal day in and day out with criminals and fraudsters trying anything and everything to evade the fare, the law and the fine but I felt this woman was criminalised in public without any attempt to offer her to correct her error and pay the difference. It really isn’t any of my business or problem... until it happens to me. Your Thoughts please?
  16. http://www.legislation.gov.uk/uksi/2013/3134/pdfs/uksiem_20133134_en.pdf http://www.legislation.gov.uk/uksi/2013/3134/schedule/4/paragraph/2/made http://www.newcastle.gov.uk/business/trading-standards/fair-trading/guidance-cancellation-rights-consumer-contracts https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/266525/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf http://www.taylorwessing.com/fileadmin/files/docs/Consumer-Contracts-Regulations-2013.pdf https://www.twobirds.com/en/news/articles/2013/uk/new-consumer-protection-rules-adopted-in-the-uk http://www.stevens-bolton.com/uploads/changes-to-consumer-law-in-the-uk.pdf http://www.stevens-bolton.com/uploads/changes-to-consumer-law-in-the-uk.pdf
  17. http://www.legislation.gov.uk/uksi/2013/3134/pdfs/uksiem_20133134_en.pdf http://www.legislation.gov.uk/uksi/2013/3134/schedule/4/paragraph/2/made http://www.newcastle.gov.uk/business/trading-standards/fair-trading/guidance-cancellation-rights-consumer-contracts https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/266525/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf http://www.taylorwessing.com/fileadmin/files/docs/Consumer-Contracts-Regulations-2013.pdf https://www.twobirds.com/en/news/articles/2013/uk/new-consumer-protection-rules-adopted-in-the-uk http://www.stevens-bolton.com/uploads/changes-to-consumer-law-in-the-uk.pdf http://www.stevens-bolton.com/uploads/changes-to-consumer-law-in-the-uk.pdf
  18. Hi all....i work as a support worker...Mon - Fri. For the past 9 months i had a fixed term contract, 37.5 hours. This ended last week and i was given an 'as and when required' contract....with an assurance of no change to my hours, remaining 37.5 per week. Under my old contract i was entitled to 28 days paid a/l. Our centre closes on dates selected at start of the year...a mixture of public holidays and annual leave 34 days in total. So we close at xmas ,easter 3weeks in summer etc. Under my new contract what im i entitled to....so for example the week we are off at easter will i not get paid at all?? sorry bout my ignorance on all this.....new to it all. Please help...would be greatly appreciated.
  19. Hi guys, I'm going to try to keep this brief and I hope your not going to mind, but I'm not going to mention names in order to avoid jeopardising the on-going case. Recently I've had one of the big six utility companies install a boiler for me. Unfortunately:- 1. They didn't clear up properly and left a lot of mess 2. They have also done some damage to the bath panel, bathroom floor and hallway carpet has been left dirty with debris 3. The electrician has incorrectly re-wired the circuit breaker for the boiler and now when one of the living room light switches is used, it triggers all the house electricity to go off from the circuit breaker (short circuit?) 4. Some of the pointing has not been done properly outside. 5. The boiler enclosure that was also covering the electrical switch and pipes was never put back on after the electrician took it off, leaving parts exposed to someone touching or water splashing. Due to an injury, I had to get the help of my family to clean and it took us a very long time. I complained and emailed them the photos and their manager/inspector came out and agreed that the damage done was wrong and apologised. He promised that he would put it right and asked for a couple of days to create a report and resolve the problem. I waited and got no response, so when I rang him directly on his mobile, he said it was being looked at. He didn't get back and after calling him and texting him, I realised that my calls were being avoided. So after chasing up, I managed to get hold of the area complaints manager, but here's the shocking news...they have received the report which has told them the opposite in that there was no issue to resolve and all work carried out was inspected and was safe. Even after seeing the photos, no damage or mess could be seen according the advisor. I as you can imagine was furious and told them that I was given the false hope of having things fixed, but instead I'm being fobbed off. There is a lot more to this, but I want to keep things in perspective. I would be most grateful if anyone can pls advice on my rights and what I can do to get things done. What are my chances of success?
  20. Hi there, apologies if this isn't the correct forum, and for the longest post in history On Feb 6th this year I took out new insurance policy with CIS. I paid in full immediately and they sent docs via email. All good so far. Then they sent an email requesting proof of the 7 years NCB that I had stated on the application. The email said I must sent this by 27th Feb 2014. Due to work pressure and what-not I didn't send the NCB proof - that was my fault, for sure. However on 24th Feb (3 days before the email deadline) they sent me a mailed letter to my home which said that they would cancel the policy at 23:59 on 5th Feb 2014 if the NCB proof was not presented to them. I received that letter on Mar 4th - I've no idea where it had been since they geenrated it on 24th Feb. I contacted, with haste, my previous insurer who sent my proof to me. I forwarded that proof to CIS at 17:48 on 5th Feb 2014. I thought nothing more about this and went to work, in my car as usual, today. When I got to work I received an email at 09:19 saying that CIS could not process the NCB proof as the policy was inactive and I should contact customer services urgently, which I, of course, did. That conversation did not go so well, as instead of being inactive the policy was cancelled. I asked if they could re-instate the policy - NO. Could I have a new quote - NO. CIS, once they cancel a policy, will not issue another to the same driver?!? Really? So, I asked what can be done. I was told I would have to pay for the privilege of CIS cancelling my policy the princely sum of £50. I objected to the cancellation charge as I had not cancelled the policy, they had. At the time of this discussion I didn't have the letter they had sent me to hand, so wasn't absolutely sure of the precise wording. I then arranged a new insurance policy through a different company - duly notifying them that I did have a previously cancelled policy (the 1st time in my driving history this has ever happened incidentally). They quoted me about £100+ compared with what they had quoted me during my initial insurance hunt in early Feb. Nevertheless, I took the policy and now was legally allowed to drive my car. I went home and read the letter to make sure I understood it correctly - I had. It was a notice of cancellation on the specific date IF the NCB was not delivered to CIS. So, I again called their customer service and was told that they couldn't refund my money for 3-5 working days!!! Are you serious? They happily took ALL my money BEFORE they issue the policy but on the cancellation they prevaricate and say 3-5 days? It takes 2 hours maximum for a CHAPS transfer typically. I then asked to speak with management or someone who can make decisions. I was refused, but the CS rep did speak with his line manager and came back to me to tell me they were offering a 'goodwill' gesture of £15 reduction on the cancellation fee. I asked if this was an acceptance of culpability on their part - NO, this was goodwill. So, CIS have my money. I am now burdened with a "cancelled policy" on my insurance history which I assume will mean that I am considered a higher risk and therefore premiums will be higher in the future. And, I drove my car without insurance (fortunately not calamities occurred) to work thinking I had insurance when I didn't. I spoke with the Insurance Ombudsman today who told me I must give a formal written complaint to CIS and allow them to go through their process to determine what, if anything, they will do to appease me. I sent an email to cis.complaintsATcis.co.uk explaining my experiences with this cancellation. I understand from the ombudsman that I can wait upto 8 weeks for this decision process after which they can intervene and determine an independent decision. So, finally, here's my question. What are my rights here? Can I expect CIS to return my premium money promptly - faster than 3-5 days? Can I expect CIS to completely waive the cancellation charge they applied? Can I hope that CIS will remove the "cancelled policy" flag on their system to allow me to get future insurance without extra costs? And, did CIS give the necessary notification about the cancellation of my policy? That is, informing me at 09:19 when it had been cancelled at midnight the previous day, causing me to drive, unwittingly, without insurance? Any advice or help would be gratefully received.
  21. I took out a Vodafone contract for myself through MobilePhonesDirect as it was a good cash back deal that worked out at about £10 a month. It took a while to process to the point I thought it was going to fail a check. I went to another supplier and although the deal was still Vodafone I went ahead and tried it. I was accepted and the phone was sent out. A day later MobilePhonesDirect emailled me to say the phone I ordered with them had been sent out. My Dad decided he would take the first deal and would just transfer the ownership in a few months time. I was happy with that arrangement. the second phone arrived and I opened it up for my dad and put the SIM card in ; no service. I contacted MPD who said I had to return the phone due to a connection issue. As they were quite vague on the issue I got in touch with Vodafone who said I failed the second credit check as I had recently just joined them and wouldn't be eligible for a second line until I've been with them for three months so in other words I shouldn't have received the second phone. What are my rights here? Could and will MobilePhonesDirect send me the phone back out because it was opened and will I be forced to keep the contract if they somehow negotiate with Vodafone because the simcard was inserted albeit it didn't connect to the network? I also had to pay £8 of my own money to have the phone sent back to them tracked. Thanks for any advice !
  22. Hi All, We bought a 7" tablet from Amazon in October via a trader on the marketplace. This was advertised with a 2yr warranty. The tablet no longer charges so we contacted the seller who provided no response. We gave them 3 days and contacted Amazon. They have left a message with the trader but currently no response. We have tried contacting the manufacturer direct (Leliktec) but no response, they only have an online enquiry form. I was just wondering what our options are as we have faulty goods but outside the Amazon 90 day guarantee. Ideally looking for a refund but a warranty repair as a minimum, unfortunately we have no where else to go so just wondering what our rights are and what Amazons responsibility is in cases like this? Currently stuck with a faulty item. Many thanks
  23. Hopefully good news for Gym members at LA Fitness and Dave Whelan Sports (DWS) and those with other gyms whose Admin is handled by Harlands :- These gyms have agreed to make cancellations easier for folks when their circumstances change. See The OFT report here - http://www.oft.gov.uk/news-and-updates/press/2013/62-13 Extract from The OFT press release on 10th September :- The undertakings to the OFT from LA Fitness, DWS and Harlands Group include: * Extended rights for members to cancel their contracts early should their circumstances change in a way that makes attendance at the gym difficult or unaffordable - for example if they lose their job or suffer an injury * A commitment not to describe membership as being of a fixed duration, if the contract automatically continues on a rolling basis after the initial membership period has expired * Greater transparency about key membership features, including initial membership periods and cancellation rights, and for these to be provided upfront as part of the sales process. It will be interesting to see how well the gyms or gym admin Co's stick to the new undertakings. This is in addition to the agreement that The OFT reached earlier this year with Bannatyne Fitness Limited, David Lloyd Leisure Limited and Fitness First Clubs Limited, to change their contract terms. Time will tell ...............
  24. I bought a Samsung Chrome 5 series on 05/01/12, the screen is not working properly, the screen only comes on if I get it to a certain position, if I tilt it even slightly forward or back it goes blank...... I called Curries who said if it's over 12 months old they don't offer any repairs or help whatsoever! I called Samsung and I can send it to them and pay for any repairs! do I have any rights with Curries under the sales of goods act? Any advice would be appreciated thanks
  25. im wondering if anyone can help i was renting a property from a letting agent, not long after moving in i lost my job and so started to organise housing benefit, the landlord was not happy with this and kept showing up. The owner of the house is the letting agent sister, they served notice to quit. then i got a message they wanted to do an inspection i said that i would be home and would let her in. 24 hours before the inspection i was called away for a family emergency and told the landlord i would not be there and would like to make another time, to which i received an email from the owner stating she didn't care and wanted me at the house for the inspection, i said this was impossible as i was around 300 miles away and wanted to do another day. The next day the day when the inspection was meant to take place the owner rang me from outside the house and informed me that if i wasnt there in 10 mins she would enter the property using management keys. I told there was no way i could be there and i wanted to have the inspection another day and she said tough basically it was her house and she entered the property she also threatened over the phone that she would change the locks and i said she couldnt do that to which she replied she could it was her house and hung up which then left me wondering that when i returned would i be able to get in. We then got our moving date and 2 weeks before we were due to leave she started emailing me saying that she would be at the property on the 24th december out move out date was the 27th, she said she would be at the property on the 24th and would stay with us to make sure we packed and left and if we had not gone by the 27th she would hire some people to throw all our stuff out of the house. Throughout the tenancy we have had to deal with unexpected visits, calls and nasty emails threats from the owner. Has she broke my rights as a tenant
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