Thanks DX, Sorry I totally get what you are saying, I just meant from wording point of view in relation to the legal bits. I would have built around those bits with the full story. I've read extensively some of the experiences of others and I keep seeing that at the end of the day these companies are experts at avoiding the issues. I realise I could end up with a car being held in one of their garages for months on end with no real resolution. A scenario like that will definitely affect business and would just wind me up even more. As much as it hurts, I've decided I'm probably better off forking out for a new clutch, fixing the other issues, then giving them a bad review on trustpilot. Many thanks for the advice again, it is very much appreciated. I'll let you know if the review results in any response. Regards, Richard.

Would something like this be suitable? Also could you confirm if the clock stops on the "30 day" rule from the initial phone call I made or would it be from something more official like this letter? Many Thanks. [Your address and contact number] [Company/supplier’s address] [Date] Dear Sir/Madam, [Reference: contract number] On [date], I [bought/placed an order for] a [item] and received it on [date]. I have discovered that the [item] has the following problem: [add details]. The Consumer Rights Act makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. As you are in breach of contract, I am entitled to have the [item] [repaired/replaced] and I would request that you confirm you will do this within the 14 days from the date of this letter. I also require you to confirm whether you will arrange for the [item] to be collected or will reimburse me for the cost of returning it. I look forward to receiving your satisfactory proposals for settlement of my claim within seven days of the date of this letter. Yours sincerely, [Your name]

Many thanks DX, I'll check them out.

Thanks dx, If there's a template letter on here you could point me to that would be amazing. Many thanks.

Many Thanks DX, Unfortunately collected the car 6th June so i've gone past the 30 days now.

I purchased a ford fiesta from Cazoo in April of this year for me to use for work purposes. I am a driving instructor and collected the car on Sunday 24/4/22. The company booked to fit the vehicle with dual controls came to carry out the work on Thursday 28/4/22. Unfortunately, they were not able to fit the controls as they discovered when checking, that the car had previously been fitted with dual controls, which had been removed very badly. The retaining bolts and dual control unit had been ripped out, instead of being carefully unbolted, damaging the floor pan in the process. This subsequently made the fitting of new controls impossible. I was within the 7 day “return” period so did exactly that. Once I had received my refund, I saw a car on Cinch (which I have since purchased for £10,850 49,000 miles) and decided to call customer services to enquire if this car had previously been fitted with dual controls. I was anxious to avoid the same scenario. I explained to the man what had happened with Cazoo, but he said they were not able to check the car. He assured me that they undertake a 225-point quality control check and that they would not sell me a car that was not fit for purpose. Therefore, I subsequently purchased the car and collected it on 6/6/22, driving it home. New dual controls were scheduled to be fitted on 14/6/22. On commencing the job, I was informed by the fitter that this car had in fact also previously been fitted with dual controls, which had fortunately this time been removed with more care. There was one remaining broken bolt which he had to grind down and an extra hole in the floor pan which he had to fill, but he completed the job satisfactorily with no major problems. I had a pupil with a driving test on 20/6/22 who felt it would be too late to familiarise herself with the new car. She asked if she could take her test in my older fiesta. The next day I started to use the car purchased from Cinch (one day after the 14 day return option had expired). I did approx 170 miles over the next two and half days. On the last lesson we were looking at hill starts and timing approach to hilly junctions, using clutch control, for the first time since buying this car. The car made the most incredibly loud howling noise (the clutch) while carrying out this exercise, so I terminated the lesson, got the pupil home, cancelled all remaining lessons. I called Cinch. The lady I spoke to was very pleasant and helpful, agreed that I should not be experiencing a problem that serious after such little use, but that I would need to follow procedure and call the Warranty company Ramp the following Monday which I did. Poor response by Ramp if I’m honest, told I’m not covered as I use the car for financial gain (for example driving instruction), referring me back to the terms and conditions and advising I call Cinch customer services. I made that call the same day and was greeted by a different lady who in a very down beat tone said all I can really do is get a vat registered garage to do a diagnostic check at my expense, but the chances of Cinch being able to do anything to help were really nothing they could guarantee. To bring you up to date, I took the car to a garage same day, but they could not recreate the sound. Its going into the garage again next monday for the air con to be sorted and they are going to check it again. The fiesta I’ve had from new before buying this, has over 176,000 miles on the clock, over a 6-year period and still has the original clutch without ever having a problem. For this clutch to do what it did following around 170 miles of driving tells me it has very likely been abused before I purchased it. The logbook states this vehicle has only had one previous owner, who we now know to be someone who was using it for instruction in a driving school setting. During the run up to actual purchase the Cinch website states the vehicle comes with a 3 month warranty. At no point prior to the actual purchase does it mention any exclusions (eg: the financial gain clause). Given the above information, I just don't find it acceptable to decline warranty on a driving instructors car which has been used for less than 3 days, when they were clearly quite happy to sell me the vehicle which has been used as a driving school car for 5 years. I’ve since discovered other faults: · The air conditioning unit is blowing out hot air. · There are severe deep scratches in the plastic trim either side of the rear seats. · The front passenger window struggles (but eventually manages) to go fully up and down. · There is a loose and broken part in the engine which has been secured with string.. · The front seat runners are both damaged making it difficult to enable smooth and straight adjustment of the seating position for occupants. I'm not sure what I can and can't do so would be grateful for any advice before going any further: Many thanks. Richard

Thanks DX, just wondered why all trace of it had disappeared, or if they get quashed after a certain time period. I used to be able to go in and look at all the details, my defence etc, and what stage it had last got up to. Yep "Judy Teen", Steve Harley and Cockney Rebel, still the best live band out there after 40 years. Many thanks DX

Hi All, Further to the above from 3 years ago, the defence I put in based on the brilliant advice I received on here seemed to stop everything in its tracks. Since then, every month or so i've been checking into the MCOL site to see if anything has been progressed by the other side. There hasn't been any movement or change,.. .however I logged in to the site today and all trace of the claim seems to have disappeared. Can anyone advise me why this might be, what it means and if there is anything I should be preparing for which may be imminent? I thank you in advance for any advice. Many thanks.

Thanks Andy

Hi Everyone, Just to bring everything up to date. * Defence was on time, courts have written stating copy has been served on claimant who has 28 days to proceed. * I have received data back from MBNA following my SAR request. * Arrow have written stating they do not accept they are are the creditor under the consumer credit act but will assist in obtaining requested documentation from originating creditor. * Wilkin Chapman are yet to forward me copies of the documents they rely on in their POC. Is there anything I need to be doing at the moment in relation to the data received from the MBNA SAR, or letters I should be writing in response to the lack of action from Arrow and Wilkin Chapman? Any advice would be greatly appreciated.

Thanks Andy, much appreciated.

Hi Everyone, Trying to remain calm over this until realising that my defence needs to be placed before 4pm tomorrow. Date wise, its not due until sunday but noticed somewhere here that weekends don't count. I've been researching all week and there is so much information, at times maybe too much, to not be confused at times. Here is my attempt at a defence based largely on one of Andy's, with one or two very small additions / changes. I would be extremely grateful if someone could have a quick read and give me the nod as to whether to submit this or not. It comes to approx 2500 characters, which i'm guessing from stuff i've read, means I can submit this online. Again I would be extremely grateful if someone could confirm this for me. Many thanks. PARTICULARS OF CLAIM Claimant/ Arrow Global Guernsey Limited, Claim No: ******** Date of issue/ ** ***** 2014, 1.The Claimants claim is for the sum of ***** being monies due from the defendant to the claimant in respect of a regulated credit card agreement between the defendant and MBNA (No. ……………) and assigned to the claimant on **/**/**. 2. Notice of the assignment has been provided to the defendant. The defendant has failed to make payment in accordance with the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The claimant claims the sum of *****. DEFENCE Paragraph 1 is denied. The defendant has no knowledge of any dealings of any nature with the claimant. The Claimant has not provided the defendant with a copy of any Agreement, Notice of Assignment or any Annual Statement or Notice of Sums in Arrears of account detailing how the amount claimed has been calculated, or allegedly owed. Paragraph 2 is denied. The claimant has failed to serve a Notice of Assignment accordance with s136 Law of Property act 1925 and therefore yet to prove they are entitled to bring this claim. It is denied that I have been served with a Default Notice pursuant to the Consumer Credit Act 1974. It is denied that the claimant has requested any payment and therefore denied that I have failed to make any payments in accordance with any Terms and conditions. Furthermore on the **/**/**, I requested copies of the documents referred to in the claimant’s particulars of claim by way of a Civil Procedure Request 31. PD 14. The claimant has yet to provide these stating that “it may take up to six weeks to obtain documents from originating creditor”. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show evidence of Annual Statements and Notices of Sums in Arrears since assignment; (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer credit Act 1974. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Thanks Mike. Hi Dx, yep i acknowledged claim the day you advised me to, on the 15th Aug. Many thanks for that. Last friday I got the new SAR off to MBNA and am just awaiting further replies. Many thanks again for everyone's advice to date.

Many thanks Brigadier.

Hi All, Continuing on from the above I have received the following replies. Any advice would be greatly appreciated. Mbna SAR. They say they are unable to match my details and I need to write again confirming my date of birth. Is this ok for me to provide to them? Wilkin Chapman. They confirm they will request copies of agreement, assignment and default notice as per my request. This may take six weeks and they agree to an extension of 14 days from the date they serve me these documents to file my defence. Arrow Global. They acknowledge receipt of my request for documents under CCA 1974. They state that they do not believe they are the creditor as envisaged by that statute, but will assist in obtaining the documents requested. They also confirm that all collection activity will be suspended pending provision of those documents. What do I read into these replies and is there any action I need to take at this stage? What is most likely to happen next? I would really appreciate your advice.