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    • New thread started as you & LFI suggested.  It's best to have one ticket per thread, if not people get confused about which ticket they're giving advice for. Firstly, you have every right to be absolutely fuming at MFG.  You go twice and spend money - and what do you get?  A demand for £100!  Do the people who caused this mess resolve it?  No, they lie and mess you about.  No wonder you're so angry. However ... we're worried you’re leaving yourself open to accusations of theft (even though you made it clear the goods would be returned) and criminal damage.  If you take the initiative and approach the garage politely, (a) that covers yourself at least a bit regarding any possible criminal accusations, and (b) if the manager has a brain you two can easily sort everything out. I say if the manager has a brain.  They might try and play the hard case and stupidly put the blame on you.  Who knows. Anyway, how about sending this 1st class post on Monday?   Dear Manager, I am the person who temporarily took some non-perishable goods from the BP shop on Wednesday and left a letter. I have since calmed down and am writing this letter in a friendly, amicable way between adults without abuse or at all costs apportioning blame. What happened is that some time back I visited your premises at 3.15am to buy fuel.  I then revisited at 8.30pm the same day to use the shop. Afterwards I received an invoice from Euro Car Parks for £100 (discounted to £60 if paid within 14 days). What happened is that the ANPR cameras joined the two visits together and ECP issued the invoice for me staying an absurd 17 hours.  I mean you provide a good service but who would stay 17 hours! If you Google "double dipping" you will see that this is a continual problem in the private parking industry and the industry’s own Code of Practice highlights how steps should be taken to avoid issuing invoices in these cases. When I brought this to MFG's customer services' attention you refused to have the invoice cancelled.  I also visited you and again you were unhelpful. Please "take a step backwards" and put yourself in my position.  Say you visited a supermarket on a Saturday evening.  You also visited on a Sunday evening. Later you got a demand for £100 from a private parking company.  You politely asked the supermarket to intervene but they refused.  I think you would consider the matter unfair and you would be extremely angry with the appalling customer service. Anyone who has even a rough knowledge of the law knows that ECP are your agents, you called them in.  You are the organ grinder.  They are the monkey.  You can easily tell them to cancel this invoice. So i am writing to request an appointment with you in order firstly to return the goods which are yours and of course which I should never have taken.  I would like us to be able to speak in a friendly, adult manner. However, secondly I am not prepared to take all the blame for this matter.  I also request confirmation from you that you have had this unfair invoice cancelled. Yours,
    • well post it to youtube or facebook. so we can look at it.  
    • I've got it on my ring door bell footage I'm baffled! 
    • should have gotten your phone out and filmed them. dx  
    • its the OP's car PCN PARKING ON LOADING BAY NEXT TO DISABLED BAY - Local Authority Parking and Traffic Offences - National Consumer Service dx
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Can someone out there please help me? I'm in a dreadful state and this is my last port of call before I give up and sign myself back into hospital. I just cant take any more.

In July 2010 a good friend of mine was being harassed by a company called Regal Credit. Regal claimed my friend owed money - but they didn't say who they were representing. As my friend DID have some debt problems that he was trying to sort out he assumed this was for one of those.So when Regal rang him in July demanding a payment of £100 or they would send in the Bailiffs he was very distressed. So I offered to help him by paying the £100 over the phone using my debit card - Regal accepted and I thought that was the end of it.

But in December 2010 I discovered that Regal had been taking £50 a month from my account using the card details I gave them in July.

When I rang Regal they said I had made an agreement with them - but I hadn't - in fact I had specifically said that it was a 'one of' payment and I wasn't setting up a direct debit OR a standing order.

But they insisted that they had a 'recording' of ME agreeing to this arrangement. THAT was a blatant lie.

The were very rude - called me a liar and hung up.

So I rang my bank Santander and explained the situation.

It took me a week of phone calls to my bank because some 'advisors' said there was nothing I could do and others said I had to close the account in order to stop Regal taking anymore money.

Finally Santander agreed that what Regal had done was illegal and they took over.

Within 24 hours Santander put the £250 that Regal had taken - back into my account.

BUT then they wrote to me and said they might be taking it back because Regal claimed I HAD agreed to the payments.

I told the bank they were liars and I waited to hear back.

Then Santander said 'its ok - you can keep the money'.

But I was so unsure by this time that I didn't remove the money from my account - just in case.

Then on 19th January my partner died suddenly.

I was extremely shocked and distraught but had to then sort the funeral. So I rang the bank to make sure I COULD take the money from my account. I was told 'yes - don't worry - take the money out to pay towards the funeral costs - its all settled'.

Then on the day of the funeral they rang me and said

'we are taking the money back - there is nothing we can do. By giving your details over the phone you entered into an agreement with Regal Credit'. Case closed.

This CANT be right.

I live on a disability allowance and besides being physically disabled I suffer with mental illness.

I came out of hospital just last year in the hope that I could care for myself and deal with every day life.

But this has broken me down and I just feel like returning to the sanctuary of the hospital before I have a complete breakdown.

Can anyone out there PLEASE tell me where I went wrong?

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Hi regal

 

Welcome to CAG; you'll get help here.

 

This is awful but typical of the treatment we receive from 'banks'

 

There are several issues:

 

1. Practical: were you to have lost your card tonight (and it may have been stolen) you would cancel the card and inform the bank so that they might reissue a new card with a different number.

 

2. Open a new bank account as a safe guard.

 

3. You will have to embark on a dispute with Santander to get your money back; everyone here will help.

 

This is a brief initial response; colleagues will be along to help.

 

love

 

vic

 

PS above might not make sense; rereading your post; I'm not clear whether your a/c with Sandander is open or closed?

Edited by victoria_siempre
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Hi and welcome to the forum.

 

Im very sorry to hear of your troubles.

 

 

Strong worded letter sent to Regal credit, explicitly stating you want all the money taken from your account without consent refunded and I want evidence of my ever giving them authority to take money from my account, and that if they can't do this you will be reproting them to the police, OFT, TS, ICO . Also point out that they were retaining my card details without consent.

 

It is illegal for anyone to take payment from your card and retain the card information. So unless they can prove that you gave them permission, you will report them to the police

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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I would also remind Santander that they are jointly and severally liable with the people who raised the transaction.

 

A member of the site team posted the following on another thread:

 

This type of transaction is called CNP (card holder not present) and is one of the biggest areas of fraud in the credit card/debit card world.

 

Was the card underwritten by Visa or Mastercard, does it have either of these logos? They have a rigid structure of handling non-authorised payments and will clamp down harder on Merchants that offend.

 

In my opinion you should chase your bank, in writing, head it as a complaint and require a response and the monies repaid in 14 days (enclose a spreadsheet showing payment dates/amounts etc). If they dont reply, then a Formal complaint requiring the same.

 

It is the banks responsibility to check the merchant (DCA) has an authorisation for the payment to be taken. If they dont then they are on dodgy ground.

 

Just my opinions as ever.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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dear FORMISTER

 

I agree that the bank should shoulder some responsibility but the reason they say they cant do anything is this.

 

Santander say that Regal Credit have a claus in their contract that states if they are unable to obtain funds from your bank using details that you have submitted - they are legally allowed to take the funds using ANY card details they have on their system that are connected to the account.

BUT I dont have a contract with Regal Credit and neither does my friend so surely this doesnt apply to me.

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Sorry regal

 

1. Is your account with Santander open or closed?

 

2. What exactly are you aiming to achieve, halting an immediate problem or seeking redress?

 

x

 

 

v

What i want is the £250 that Regal helped themselves to PLUS the original £100 that i gave them permission to take BECAUSE as it turns out my friend never owed them money in the first place.

Santander initially gave me back the £250 and said they would get it back from Regal Credit. But their 'investigation' just consisted of ringing Regal and asking them what happened and Regal LIED. Santander didnt ask for any kind of proof they just took what Regal Credit said as true.

 

thanks for your assistance. x

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Ok. I think you should start by ringing Regal and informing them that they retained your card details without your permision and took unauthorised payments. Both which are illegal.

Tell them you do not, and never had a financial relationship with them.

 

Tell them that unless you receive a a refund within 24 hours, you are firstly calling the police to report them for fraud. You are then making formal complaints to the OFT, Trading Standards and to VISA (or whoever the card is mastercard etc). You will also report them to watchdog.

 

Also request a copy of their complaints procedure. And their so called evidence that you gave permission for the use of your card for multiple payments.

 

Try this first, and if no joy, we will try the bank again with more weight.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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I'm not very good at posting my replies in the correct place -

So to everyone that is helping me with this...........

 

I rang Regal again but they hung up on me mid-sentence. Will be writing to the buggers as you suggested.

 

The member that said something about 'Visa's' guide lines??

You were right - I spent an hour reading up on Visa's rules and Regal Credit have definitely committed fraud.

 

I've written a formal complaint to Santander and have pointed out how many rules Regal have broken and asked why they didn't ask for the proof Regal claimed to have. The rules clearly state

"retaining details from previous transactions is strictly prohibited".

What worries me and angers me is that my bank - the massive Santander - doesn't know the law when it comes to their own subject 'BANKING'!!!!

And its not just Santander.

As suggested - I opened a new bank account. This time with Lloyds. I was interested to know what THEY would have done to help me if it had happened with my Lloyds debit card. I was shocked to hear them say the same thing - so they don't know the law either.

 

Now I'm too scared to use my own card and am late with some bill payments.

 

But I am taking on board all the advice you are giving me and I am very grateful for any suggestions.

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Ok. I think you should start by ringing Regal and informing them that they retained your card details without your permision and took unauthorised payments. Both which are illegal.

Tell them you do not, and never had a financial relationship with them.

 

Tell them that unless you receive a a refund within 24 hours, you are firstly calling the police to report them for fraud. You are then making formal complaints to the OFT, Trading Standards and to VISA (or whoever the card is mastercard etc). You will also report them to watchdog.

 

Also request a copy of their complaints procedure. And their so called evidence that you gave permission for the use of your card for multiple payments.

 

Try this first, and if no joy, we will try the bank again with more weight.

 

**************************************

 

Ok - I will write to Regal as suggested but could you advise me on a couple of things before I do please?

At this stage I am very wound up and don't want to vent my anger on paper - so I am wondering how I should word my letter -

what I should include and what I should leave out.

So - to identify myself should I put the reference number that is on the paperwork that Regal Credit have been sending to my friend?

And what else should I tell them about myself?

My address?

My date of birth?

And if I am going to refer to payments they took from MY bank account without permission - what bank details will they need from me in order to establish what I am referring to?

What if they ask for the card details that THEY used to pinch my money - I don't have them any more because I cancelled the card and now have a new one.

And you suggested I say something along the lines of

'returning my money to me within 24 hours or I will be reporting you etc etc'?

But if my old card is no longer valid - how can they refund the money to me? (assuming of course that they agree to - which I doubt very much - but I want to be prepared).

In general I just don't know how 'aggressive or passive' I should be.

And should I request the initial £100 back that I gave them permission to take?

Based on the fact that my friend didn't owe them any money in the first place.

This was proved when my friend wrote and asked them for a copy of the 'original credit agreement' and Regal Credit were unable to provide it - in fact they didn't even acknowledge his request.

Strangely enough - after my bank contacted Regal - Regal wrote to my friend saying they were passing this 'so called' debt to another Debt Recovery Company.

I really appreciate all the advice I am getting.

Although its making me ill - im not going down without a fight.

xxx

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Firstly the problem wih the £100 which you initially paid. Unfortunetly not providing a copy of the origional credit agreement does not prove your friend did not owe the money. Not providing a copy of the origional credit agreement only makes the debt unenforcable in court, the debt is still owed.

 

So unless your friend never owed any money to any debt then they can legally accept the payment.

 

I think you should include the following in your letter:

 

Name

Address

Date.

Details of when the payments came out of your account

Ask for the money to be returned by cheque within 5 working days

State that you only gave permission for the one off payment to help your friend out.

Tell them that they have commited an offence by retaining your card details and that you are going to report them to the police, make formal complaints to the OFT, Trading Standards, Visa/Mastercard (delete as approriate), your MP and watchdog.

Ask them for a copy of their complaints procedure.

 

Keep proof of postage or send recorded delivery.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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In fact I would get the wheels in motion now and complain to the OFT. Go to the OFT website and complain through the consumer direct part of their site. Explain exactly what has happened to them.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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Thank you FORMISTER.

 

I am freaking out here - not about Regal but about something else ive uncovered.

If i run it past you could you tell me who to i should go to for help please.

 

About a year ago a Bailiff from Chandlers knocked at the door demanding unpaid council tax from another flat I had lived in years ago.

I had just come out of hospital (a physychiactric ward) two days before and was heavily medicated. He said that he was collecting the debt on behalf of Hackney Council. I told him that it must be a mistake because I had already been to court TWICE over unpaid council tax and the judge had said on both occasions that I didn't owe the money and the council should never have summoned me to court. This was ten years ago - but the Council tax bill this Bailiff was referring to was for a period of time long after I had left the property. However my daughter WAS still living there so in my confusion I assumed this bill was probably hers even though it was in MY name. I told the Bailiff all this and he seemed quite pleasant. So I made a huge mistake and invited him in - I am physically disabled as well and standing up is a problem for me.

He came in and somehow I agreed to pay him £25 on the spot - and agreed to pay £35 per month thereafter - which I have done religiously over the phone ever since.

The balance left now is just £169 -

But with my recent dodgy dealings with Regal Credit I got concerned about using my card over the phone so I dug out the paperwork the Bailiff left with me the day I let him in. I'm shocked by what I saw - on one of the copies there is written

1 x Large screen TV

And some make of video recorder - and something else I cant make out.

And it says something about - if I miss a payment they will remove these goods and they wont need my permission to break in and take the stuff as I let the Bailiff in the day he called.

Although I have never missed a payment I am horrified to discover I signed this document when I wasn't in my right mind.

I don't remember the Bailiff writing anything down while he was here and its odd because at that time there was no video recorder in the house.

 

What is worse is the fact that the house I live in ISN'T MINE and the items on the list don't belong to me!!!!!

I was thinking of paying OFF the final amount in one hit to get it over and done with but I don't trust Chandlers to admit the debt is cleared AFTER I have paid them.

They obviously aren't playing straight because they came after me for a bill that I now know wasn't mine - the judge said so - and I hadn't lived in the other property for years!!! but I kept paying them because I still think it was something to do with my daughter (who vanished 3 years ago).

 

I'm so scared FORMISTER.

I know I screwed up by letting him in - but now im terrified that if I try to clear the debt and it doesn't go smoothly (as I have read can happen) Chandlers will get nasty and try and remove goods that aren't even mine.

I rang them and asked if I could pay the final amount on-line as a single payment/standing order - as I don't want to use my NEW debit card on the phone any more.

But they said they don't do 'standing orders'.

Please please help me - im terrified.

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Hi Regal, calm down, it's not worth getting yourself into a state over.

 

Victoria's advice about seeing a local citizens advice bureau is a good one and one you should consider.

 

You need to establish if the bailiff has legal authority to enter your house and seize goods. By this I mean for the debt in question (councul tax) you must of recieved a warrant' or a 'liability order' issued by the magistrates court. If they have did not have either of these then they have no right to seize any good from your home.

 

In which case if they did not and you were in arrears, creditors will sometimes send representatives to your home to try and negotiate repayments with you. These people might be called 'advisers', 'collectors' or 'advisers'. They do not have powers to enter your home and seize your goods.

 

So it is important to establish which is the case.

 

Now I may suggest that you contact Hackney Council by phone and ask why they are using a debt collector to collect money from you which you did not owe. If you can establish this then they can stop collection proceedings or suspend them while an investigation is being carried out.

 

I do however suggest you follow Victoria's advice, as you are a little vunerable I feel on this occassion you will be better served with a bit more practicle help.

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My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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