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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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    • 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.

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arnold clarke Help. Used car needs 4k repairs on finance too


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Hi everyone. Im needing some help.

 

Bought a used car arnold clarke. 11 plate, 70k miles, scirocco. About 8 months ago. For 10k on finance.

 

It had an issue with the dpf sensor, that was fixed under warrenty.

 

3 weeks ago, it started sounding rough on gear change, so I tock it in, for a sservice and mentioned to them the noise and roughness. They came back and said it was fine. No problem I thought.

 

2 weeks later, the gear stick stopped moving. I had to get it towed to the garage. They came back to say that the gear box would need replaced, as they had checked it, and it had no oil, due to a massive leak. £4k!

 

Im not best pleased. They have advised they can get the gear box overhauled, at a cost of £2k. Plus, anything else they might find.

 

The part that really gets me, is that I took it too them, with a gearbox issue and they said it was fine. The report I got from them, after the events, says "unable to fault noise". Which in my mind is different to "its fine".

 

From the sounds of it, they didn't check the gearbox at all, when I initially asked them too. Leading to this.

 

Ive asked another garage, about it, and they reckon the same. They also dont think they can fix the gearbox.

 

So what do I do? Get arnold clarke to do the repair, and complain to head office? Small claims? Or trust my gut and take it somewhere else? Bare in mind it cant move.

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First of all you are covered by the provisions of the Consumer Rights Act.

 

This means that you are entitled to have a second hand car satisfactory quality and it should remain in that condition for a reason. Of time.

 

How much do you pay for the car? In any event, it is unreasonable to expect that a car of pretty well any kind of age which you have bought only eight months ago will need to have thousand pounds worth of work.

 

As you say, the car won't move and this leaves you with the problem. Ideally you would go and get some independent quotes and then threaten the dealer with action if they failed to match one of them.

 

In this case it seems to me that it's going to cause you a lot of difficulty and possible expense getting the car moved around so that you can get the independent quotes.

 

If you have the £2000 and then I would say the most practical solution is to have the work done, pay the money and then sue to get it back plus interest.

 

On the basis of what you say, your chances of success are much better than 90%. There is a possibility that your award would be reduced by a margin to represent the fact you bought the car in use condition anyway. However you would probably end up getting most of the money and in fact the dealer would probably end up putting their hands up to all of it once they receive the court papers.

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3 weeks ago, it started sounding rough on gear change, so I took it in for a service and mentioned to them the noise and roughness. They came back and said it was fine. No problem I thought.

 

 

who with Arnold Clarke?

 

 

if not sue the garage.

 

 

i'd be informing the finance company too!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Contrary to what BankFodder advises I'd rate your chances as 50/50. It's a six year old car with in excess of average mileage and the fault is in excess of 6 months where the dealer has to prove the issue was not there. The onus is now on you to prove it was and even if you do don't expect a full refund as you have had the car for 8 months.

 

 

Is it a DSG box by any chance??

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10k for the car.

 

Car was serviced where I bought it. It came with a service plan.

 

Manual.

 

m going to have to take them to court.

Thougjt that might be the case.

 

 

Whats the procedure?

Write a complaint to head office?

 

 

When that goes no where, threaten the small claims court?

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Well a complaint to head office in the past will get you nowhere with Arnold Clarke based on previous reports. Would the car have a full and valid VW service history by any chance? There is an alternative route to try with VW by the way which might mitigate the costs however due to the huge fines and compensation they are having to give under dieselgate, getting any goodwill out of VW is difficult at the moment.

 

 

As regards trying to pursuit a legal action against Arnold Clarke this is going to cost as the onus is on you to prove the fault was there prior to sale and with the above average mileage this is going to be difficult.

 

 

It's not a nice position to be in I know but all too often on this site they say go to court when in reality you'd be better off cutting your losses. Not right I know but is fact.

 

 

For example, If I was to pull and strip the box my time alone would cost £800 to do so and write a report plus the lab analysis fees which would probably be the same, plus the lawyers fees and probably a year of your wasted time!!!

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Surely the fact that they serviced it 2 weeks prior to the gearbox seizing, and where unable to find the issue is the focus of my complaint? There own report says "unable to fault noise" to my mind this means there was a noise, but they couldnt find the source or cause. Which logically means there was a fault before the service, and after, and they missed it. Leading to the now major repairs needed.

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  • 3 weeks later...

what do the finance company say..

its their car!!

 

 

you shouldn't have to pay a penny

let AC and them fight it out

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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