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Monoloco

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  1. They are paying for something that is faulty now and under the warranty, are liable for things going wrong in the future. They appear to be trying to save money in the future by replacing a part now which is not faulty, but at my expense. If I turn round and say 'just fix what is faulty now, nothing more', could they turn around and say 'we've changed our minds about selling the car to you' based on something they anticipate may go wrong in the future and cost them money? It's all gone through, deposit, finance etc, it's just this one thing.
  2. I am. I covered the three years for about £1000, which, knowing the type of car, was very reasonable. My only issue is, if I say no to the contribution to the two turbos and tell them to fit just the faulty one, which they're obliged to do, could they turn around and cancel the sale?
  3. Evening everyone, I recently purchased a 10 year old car for around £2-4000 below asking price. Also secured a 3 year warranty. All good. Drove it away and a 'Check Engine' light came on. Took it back and they plugged it in, fuel pump issue. Replaced that. Light still on - turbo issue. Took it too a garage, needs a new turbo costing £1800. As it's only one of them, the garage, under the Consumer Protection Act, will pay for it. Cool. Although, advised by the garage that if you replace one, you should replace both. Due to the, apparently, small profit margin, they are not willing to pay the additional cost and have asked me if I'm willing to pay £1000 towards it for the two turbos. My warranty covers everything that is not serviceable and no issues that were present at point of sale. But at the moment we are still in the 30 day period covered by the CPA. I can say 'No' to paying £1000 for both repairs as if/ when the second turbo goes, it will be covered by the warranty. They did say that they would pay for one to be fixed and I understand the reasons it makes sense to get two replaced. However, it appears that they are trying to perform preventative maintenance i.e. the second turbo that might go wrong, at my expense. The second one does not legally have to be replaced as at the moment it's working fine. It *might* cost money in the future, which will be covered under the warranty. Which, I guess they're trying to avoid. My thoughts are to go back to them and say I just want what is currently wrong fixed, i.e. the one turbo they said they'd pay for. Can they turn around and rescind the deal if they anticipate paying more out under the warranty? Everything else has gone through, finance, insurance, tax etc. This is the only issue. To distill, within the period covered by the Consumer Protection Act, can the vendor choose to take back a vehicle purely because they think it might cost them more under the warranty? Many thanks for any advice received. ML
  4. Does anyone have any advice on the following problem. I took out a mobile contract with 3G approximately 18 months ago. To cut a long story short, the service was appalling, the customer service was worse than useless so I decided to pay off the contract. I called them and asked how much it would be to never hear from them again and was told a figure. I confirmed that this would be the final amount I would have to pay and that I would receive no more contact from them. This happened in April this year. Then approximately 5 weeks ago I received a call from a debt collection agency informing me that I owed a final monthly bill of about £27. I informed them that I had settled everything with 3G and was informed that I had paid everything off. I'm now getting letters, phone calls and threats of county court action as I haven't paid off the final £27!! The thing that really irritates me is that I asked 3G for the final amount to pay to make sure I never heard from them again and paid it - now they're trying to squeeze another £27 out of me!!!! As I move about a lot, I don't have any correspondence stating that that is the final amount to pay. Does anyone have any ideas on how to remedy this - short of paying the final £27??!? It's not the money that's a problem, it's the fact that the whole thing was appallingly bad from the start and I'm loathed to pay them a further amount after being assured that I had paid in full. Any advice greatly appreciated.
  5. Hi, Could anyone give me a little advice on anything I can do - apart from wait - to speed this process up. Basically, the AQ deadline was originally 22nd Jan, I made it, HSBC didn't. Letter from the court instructing HSBC to file the AQ by 1600 on 06 Feb. I received a letter from HSBC on 24th Jan offering me the charges but not the interest. I sent the 'I will accept the money as part payment......etc' letter. The next day I receive a letter from DG who offer me (almost) the whole amount. The next day I received a letter from HSBC informing me that they believe the interest is fair and they are entitled to it and although this was not the response they believe I'd hoped, this was their final say on the matter. A few days later, after consideration (and good advice from this site!) I called DG to accept the offer on the condition that my court fees were added to it. They instructed me to send this in writing, which I duly did. They should have received this last Friday (02 Feb). I called the court today as it was the deadline for HSBC with the AQ and they had filed it on 29th. Any suggestions on what I could or should be doing?!?! I'm tempted to call DG solicitors, but fear that I might look like I'm desperate - whereas I'm actually getting sick of the whole thing dragging on! The court informs me that I'm looking at May time for a court date and I don't want to be sitting playing 'chicken' with HSBC!!
  6. Thanks buzby. I guess I'll be calling the bloody indian call centre again! thanks for your help everyone
  7. Thanks for the advice. I guess it looks like, either way I go, my credit record is trashed! The thing that winds me up, is that I sent a letter last year and - as far as I was aware - I was waiting for a reply. Yet - as far as 3 are concerned, I have defaulted and they sent it to a DCA - the first indication of which was shen I received a phone call from them! Surely they're not allowed to refer it until any dispute is resolved?!?! If I do agree and pay the money (for a service which I don't use!) will there still be a blemish on my credit record? I received a letter from the DCA today stating the whole 'collect money owed on behalf....etc etc'
  8. Thanks for the advice. I am curious as to what exactly the process with the OFT what the court process involves. The thing I'm curious about is do I have a leg to stand on? Is what happened i.e. being told I could do one thing to get me to take a contract only for me to find out that I couldn't?
  9. Hi, I have a quick query regarding my 3UK contract. I was called by Mob4free, an agent for 3UK in Feb 06 offering me an 18mth contract. As I am in the Armed Forces and go away quite often, I explicitly asked the dealer if, after the obligatory 6mths, I could change the tariff to one of my choice. I explained that as I go away at short notice sometimes, I need to be able to change the tariff to the lowest one for the duration of my time abroad as I don't want to pay the full whack for a service I'm not using. The day prior to deploying last Aug, I called 3UK to change the contract to the lowest tariff. They informed me that it would only come down in increments and that I would have to call in each month to change it down to the next one. I pointed out that as I would be in an operational theatre, this would be a little difficult. Obviously this didn't concern them. I told them that I was promised by the dealer that I'd be able to change the tariff to whatever I wanted after the 6mths and I believe that I've been mis-sold the contract. The woman apologised for this, informing me that they didn't deal with that dealer anymore and advising me to contact the dealer. I asked what use this would be as they no longer dealt with them, to which she replied that it wouldn't be any use!! I haven't turned the phone on for roughly 6 months now. I sent a letter in October informing them that I considered it as a breach of contract as the sole reason I took the phone out was that I was informed that I was able to change the tariff to one of my choice. I heard nothing. I sent another copy of the letter in Nov/Dec time. I heard nothing back. The next thing I get are incessant phonecalls from DCA asking for the balance of the account. I informed them that I was awaiting contact from 3 as I had a dispute with them. I then send, yet again, a copy of the original letter along with a covering letter voicing my disgust at the appalling treatment that they haven't even deemed my letters worthy of a reply. I also mentioned going to the media to highlight their appalling treatment (having read these threads though, I can see it's no secret!) THEN I get a response. Phonecall from the indian call centre telling me that they have my letter etc and will I pay the balance and the termination fee. I reiterated the fact that I considered it breach of contract etc but the woman just basically ignored it. I told them that I would clear the current balance if the contract ended there and then and I didn't pay a termination fee. After consulting with someone, apparently this is not an option for them. Now, my question is, that I took the contract out purely on the basis of being able to change the tariff to what I wanted - which I then found that I couldn't. Is this breach of contract? As I move about rather alot, I can't find the paper contract now but I do know that I didn't receive it within the 14 day return period. Should I bite the bullet and pay the bloody thing or have I got a leg to stand on?? Any advice greatly appreciated.
  10. Thanks for the advice. I will contact DG today and speak to them about a settlement and - fingers crossed - I'll stop waiting for the post each morning! I shall keep you posted!
  11. Have just received a letter from HSBC this morning, dated 30 Jan and reproduced below. 'Thank you for yor letter dated 10 January 2007 regarding your bank charges of £XXXX.XX. The bank does not agree with your contention that the charges that have been imposed constitute a penalty and are therefore unenforceable. The contract between the bank and its customers is governed by our Personal Banking Terms and Conditions. In respect of overdrafts, I would refer you specifically to clause 7.11 in section2. If you authorise a payment that would, if met by us, lead to your account going overdrawn or over an agreed limit the bank considers whether or not to make this payment and a fee is payable for this service. Our fees and charges are clearly stated in our published price list and the circumstances in which these charges will apply are clearly set out in the terms and conditions which you will have been provided with a copy when you opened your account. Whilst I accept that this letter will not provide the response that you hoped for, I trust I have been able to clarify the banks position. Of you are not satisfied with the banks response you should now refer your complaint to the Financial Ombudsman Service, as theis represents our final respsonse on this matter. yours sincerely Colin Langdale Senior Service Quality Officer' HELP!!!!!
  12. Hi, I was wondering if anyone can give me any advice as I'm in a bit of an odd situation! I have gone the whole hog with HSBC, letters, court etc. I was sent an Allocation Questionaire which I completed (with thanks to the site!) and returned by the deadline on Mon 22nd Jan. I then received a letter from HSBC on Wed 24th Jan (so I'm assuming sent out on Mon/Tues) offering me the charges but not the interest. They claimed the whole 'interest is legal' etc etc. The normal spiel. I replied with the template letter 'I will accept the offer as part payment etc etc..........I fully intend to obtain a refund of my charges via the court if necessary. I hope this clarifies my position' - or words to that effect. I then received a letter from DG Solicitors on Thurs 25th Jan offering me £30 short of the total amount claimed, including interest. But obvoiusly there are the bank charges to consider. The letter also had an agreement I was to sign stating that any charges incurred between Jan 2000 and Dec 2006 were now settled. However, I have only claimed for the period Jan 2000 up until Sept 2006 and know I have some charges between Sept and Dec 2006 incurred while moving house etc. I have not replied to the letter from DG Solicitors. On Thurs 25th I also received a copy of a letter the court has sent to HSBC instructing them to return their AQ by 1600hrs on 06 Feb or I would win by default. This would suggest to me that they had not made the initial deadline. Any advice on whether I should call DG Solicitors and inform them that I decline their offer as I require the bank charges and court charges incurred during the whole affair? Or should I wait and see what HSBC come back with and if necessary wait until their AQ deadline of 06 Feb??? Any advice greatly appreciated. ML
  13. Thanks for the advice - I think that's going to be the best course of action.
  14. Hi, Can anyone help me with a little quandry? I am currently going through the process of reclaiming bank charges (aren't we all!) I have done the Money Claim Online thing, HSBC have stated their defence etc. I received a letter yesterday 09 Jan, dated 12 Dec offering me approximately 3/4 of the actual amount - with the proviso that I respond within 10 working days. Obviously that had lapsed (xmas hols etc). However, in the meantime I have incurred one or two more penalty charges - it being xmas and all that. Now I know that I can add these charges to the original MCOL claim at a cost of £35, I also know that I can just start the whole process again to reclaim the additional charges. My question is - when they contact me with the offer in full, is it an option to push for the recompense of the court costs and the additional charges at the same time? Would it be better to settle the initial claim first and then go on to the addtitional charges or to push, at this stage, for the whole amount I'm owed. any help would be gratefully received many thanks ML
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