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jacktheband

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  1. Sorry for slow reply. Have had a family issue i have been dealing with. All pretty much sorted so i can turn my attention back to this properly. The 30 days is to accommodate my availability. It's giving them 14 days to get it booked in, but 30 days for the repair to be carried out (in case they only are able to give me days for repair when i am not available to drop my car off). So as long as they have agreed within 14 days a repair date that is within the next 30 days then that'll suit me. I don;t want to just say 'agree a date in 14 days' in case the dates offered are months away. Likewise, i don't want to say that 'it must be repaired within 14 days' as that then might corner me in terms of them offering repair dates for which i am not available to be without the car. So i thought it would be the most flexible (in my favour) approach. As for not getting the car repaired by Cinch, i wouldn't be. The garage that inspected the car and who i have the quote from are quite independent from Cinch,. They are a Hyandai main dealer. I think they would be best placed to repair the car, i wouldn't really want to take it to another garage. As for getting it repaired first and then sending them the bill, i am not currently in a position to pay for this up front out of my pocket. I know that there will be fees anyway by going small claims, but this will be significantly lower than the circa £700 repair cost quote. So i would like to send them the letter of claim and then sue if they do not relent within 14 days. Do you think that might be a suitable way to proceed? How long would suing in the small claims take (i.e. how long could my car remain unrepaired)?
  2. Ok, will remove the bit about meditation. And will be clearer that what i want (i.e. them to have within 14 days have the car booked in for repair locally and for that repair to be carried out within 30 days). I haven't had any quote from anyone else. I did not want to start taking the car to other garages, i wanted Cinch on the hook for arranging repair so it is only this garage it has been to (the Hyundai main dealer). The strange thing is that Cinch did indicate that they would repair by arranging for it to go to the garage. And then afterwards said that it was a few months after purchase so too late to claim it was inherent at the point of sale. But all the garage had done was confirm the issue. If Cinch's position was that it is not going to be repaired, why did they bother agreeing for it to be investigated at the garage? Seems like a waste of time (from their point of view).
  3. Sorry for delay in replying. Have been away, and needed to get home to get my paperwork. Can you list out the faults that exist on the vehicle at the moment: washer jet blocked handbrake requires adjustment, as car rolls slightly once before handbrake engages Front right speaker needs replacing Reverse camera needs replacing due to water ingress can you give us the likely cost of repairs. Quote from the Hyundai dealer was £695.06 (correct as 28th Nov 2023) . I'm not sure if that is the costs that Cinch would pay and if i would pay more if i went there as a member of the public. I will have to call them to check. Have you had any repairs already carried out how much have you paid on those? No. Car is still operational, so no repairs undertaken. Has Cinch been informed of all the defects and the likely costs or actual costs? Yes. The garage i took it to was at Cinch's booking (i.e. i did not take it to a garage of my choice, i made sure Cinch arranged the garage and it was their booking). The garage reported the outcome of their investigations to Cinch. I called the garage at the time and who said they had reported the outcomes to Cinch but were awaiting approval to repair but it had been a day or two. I elected to collect my car as couldn't be without it too long (which was the right choice it seems, as Cinch took a week or two to decide that they weren't going to authorise any repairs). When collecting the car i had a chat with them and got a printout of their investigations and quote to repair. I also had a reply from their complaints team a few days ago regarding the complaint i raised just before Christmas. They have confirmed their final stance, that they will not repair. they state: "Having thoroughly reviewed your case I am in agreement with the tehcincal team decision on the 14th December 2023. Therefore I am rejection your complaint as the faults were not present at the point of sale." They have not replied or addressed any of my points raised. It is quite laughable, but not entirely unexpected. They did give details of the ADR scheme with South Yorkshire Trading Standards Services within 12 months if i wanted to use it (i don't!). Here is my first draft at a LBA / Letter of claim: [My address] [Cinch's address] Dear Cinch representative Reference: your refusal to repair defective items on my car which had were present within 6 months of purchase As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct. I bought a Hyundai Tucsun car from yourselves in June 2023. Within the first few months I noticed a few faults with the car (handbrake, speaker, reverse camera). I reported them to your customer services a few months after purchase but your company have declined to repair these items, with the reason given that I didn't report them soon enough, so you assume that they were indeed working fine at the point of purchase. However, despite repeated contact from me reiterating the Consumer Rights Act 2015 and that faults within 6 months of purchase are deemed to be inherent at the point of sale, you have reiterated that your position is that you are not liable for repairing these issues. A complaint I raised with you in December 2023 has been responded by your over the past week confirming this as your final stance. From you I am claiming the cost of repairing these issues at the local Hyundai main dealer that you employed to investigate the issues. These were quoted as £695.06. Listed below are the documents on which I intend to rely in my claim against you: Vehicle Health Check Report from Hyundai main dealer - which includes repair costs I can confirm that I would be agreeable to mediation in order to avoid the need for this matter to be resolved by the courts. I would invite you to put forward any proposals in this regard. In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. I look forward to hearing from you within the next 14 days. Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you. Yours faithfully, Jacktheband
  4. The car was inspected at a Hyundai garage when Cinch finally booked it in. I have indeed had a written report and quote provided to me by the garage. The garage also provided this to Cinch. I have asserted my rights under CRA in writing repeatidly to Cinch, that as the car is over 30 days but under 6 months (at the time I contacted them) since purchase then they need to repair the faults as the faults are deemed to have been present at the point of sale unless they can provide evidence to the contrary. I hadn't specifically said about rejection of the vehicle as it was past the 30 day mark when I did contact them so short term right to reject had passed.
  5. TL; DR: Bought car from Cinch. Multiple faults within 6 months but they won't repair. Submitted formal complaint to them, no response within 8 weeks. Assuming next step is to issue LBA before small claims. Cars Without The Faff - cinch WWW.CINCH.CO.UK The faff-free way to buy a car online. Thousands of cars in one place, with free home delivery and a 14-day money back guarantee. I bought a car from Cinch in June 2023. A 2014 Hyundai for circa £14k. Approx 4 months since purchase i reached out to Cinch via their WhatsApp customer service route (i preferred to do this as then it is all written for evidence, neither side can claim things weren't said or dispute when they were said) as there were 4 issues with the car: Hesitation when driving occasionally Car rolling slightly once handbrake applied One of the front speakers not working Rear camera misting up some days - i.e. it is not airtight. Makes it completely unusable. I contacted them repeatedly over the course of the following weeks to arrange it to be investigated and repaired. They initially said i could take it to a local garage of my choice and they would give me £100 towards this. I obviously told them to take a run and jump, and to book it in at a garage themselves, i wouldn't be responsible to employing a garage to investigate faults that are their responsibility to repair. After a really poor run of poor customer service (will save you all the ins and outs, but it included things like Cinch booking it into a garage over the other side of the county and booking it for days that i was not available - i had told them which days i was available, etc) they did indeed book it in at a local garage for a day i was available to drop it off. Car went to garage. They advised that there was no hesitation that they can find (ok, i might have been wrong on that) but they can confirm the other 3 faults and in addition to this one of the washer jets was not working. Cinch took a week to think about things before coming back to me to say they won't cover any of it as it is over 90 days warranty period, and the specific feedback they then gave was: Speaker declined as blown - this could not of been a pre-existing fault as not reported until oct. (i didn't notice it until then - it wasn't until i played around with the panning settings that i found that one speaker was not working) Camera declined as the dealer has advised its damaged - this could not of been a pre-existing fault as not reported until Nov (wasn't until the colder weather and load of rain that the symptoms manifested themselves) brakes and washers would be maintenance. (the car always rolled back a half foot since i got it, me being naive thought this was normal until a friend pointed out that it definitely is not!) Despite being very clear at all contact with them that i was not making a warranty claim but i was asking them to carry out their responsibilities under CRA, they have completely dismissed me and said if i don't like it then i can complain (this was in December). So i emailed their complaints team with a full run down of events and why the faults need them to repair at no cost to myself as was within 6 months since purchase. I had an automated reply saying that they will be back in touch within 8 weeks with a resolution. 8 weeks ran out 4 days ago, and i have had no contact. So, i am fairly sure my next step is to open a case with MCOL. But i would value everyone's advise on if there is something else i should do first, or if I am now good to proceed with a LBA. Thanks!
  6. Noted! Will not appeal or contact them back in any way. I will wait to see if they send me anything further. Do they have any time frame in which to contact me if they wanted to take anything further?
  7. Thanks for the reply. What should my next step be? Do I send them an appeal stating that they haven't created keeper liability? Or proved that a contractual issue has been created? Or just ignore?
  8. I'm a long time member of the forum and read a lot of posts, so I know to follow the stickies! The thing I blanked out was simply a time, e.g. 10.30am. It doesn't say when from or when to. It just days "at 10.30am". I'm wondering if the time from and time to are meant to be figured out from the 2 photos they provided. But as you can see from the pdf the quality of image is so abysmal that I cannot make out the text embedded in them. As for what happened, yes I do know. I was not the driver nor was I present when it happened. The driver parked there to attend a nearby interview. The ticket machine only offered an option for a full day ticket for just over £10. They had to accept this option as didn't want to find alternative parking and be late for an interview. they accepted, paid by contactless card, took the ticket and placed it in the windscreen. Upon returning to the car a short while later after the interview they realised the ticket said payment not accepted and therefore it hadn't taken their payment. They kept the ticket as proof, as they did intend to (and at the time believe they had successfully) paid for parking.
  9. Hi. I received a parking change notice in the post today from Apcoa parking. This is addressed to me as I am the registered keeper. Would appreciate any advice on my next steps. 1 Date of the infringement 30th March 2022 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 11th April 2022. [scan up BOTH SIDES as ONE PDF- follow the upload guide] I have uploaded the pdf and redacted the personal details including the registration from the photos 3 Date received 14th April 2022 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No, I cannot see any mention of it 5 Is there any photographic evidence of the event? Yes (but really poor quality) 6 Have you appealed? [Y/N?] post up your appeal] Nope! Have you had a response? [Y/N?] post it up N/a 7 Who is the parking company? APCOA parking 8. Where exactly [carpark name and town] Train station multi storey car park, Plymouth For either option, does it say which appeals body they operate under. Appeal directly to them (Apcoa), and Popla afterwards. There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE I have no idea. Neither are mentioned on the latter, and the link above doesn't work. If you have received any other correspondence, please mention it hereParking-converted.pdf
  10. "We are a white couple...". Maybe I'm missing something. What is the purpose of stating your ethnicity in description of events?
  11. So, to check I understand correctly. You were concerned there was a possibility you had covid, you took a test and then went back to work for the 2 days after taking the test until the point that you found out the result was positive?
  12. As the others have pointed out, you don't have any right to a refund but they have gone above and beyond what's required of them to do this for you. However, what I would say is that if they are asking for your personal data then they are required to explain the reason for needing this. Probably all above board like the others have said. Although a reply of 'because we need it to do a refund' doesn't explain why they actually need it. A reply of 'to help ensure we are not defrauding the company by noting who we actually refunded' would be a lot clearer and satisfactory. Would suggest that you go back and see if they'll still let you do the refund and politely ask them to be a bit clearer on how they plan to use your data and check definately not for marketing purposes.
  13. I used to work in customer services for EE many years ago. If I dealt with a complaint with the same outlines as described here, I would most likely refuse a replacement on the grounds that the phone was likely damaged rather than faulty. Obviously, I would try and take into account all the variables in the situation, but the most likely cause in the situation such as this is that it was an accidental damage (even if the user wasn't aware exactly how they damaged it). That said, if someone had subsequently got an independent report advising that it was indeed a fault with the phone which must have been inherant since the point of purchase then there would have been no argument from me. Immediate repair/replacement and refund for cost of obtaining report. So do what DX100uk says, that seems the best course of action. Without it you would be on an impossible task convincing anyone it was not accidently damaged.
  14. They should have a sign displayed if they have a returns policy which gives you options over and above your statutory rights. But the absence of such a sign is fine as they are not offering you any additional options.
  15. In a nutshell: yes, they can refuse a refund. You have no right to demand a refund. If the goods were as advertised and not faulty and the only reason you want to take them back is that you've changed your mind then I'm sorry but you don't have any rights to demand this. You can only return store-bought non-faulty goods for an exchange or refund if the retailer has a returns policy. It's worth noting that shops aren't required by law to have a returns policy, but if they do have one they must stick to it.
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