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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • 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.  👍
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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.

      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Motormile - Fresh Default on CRA ?!!


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I have just checked my credit file today - having not checked it for months as ive not needed to and found a default in july 2016 placed on there by Mototmile Finance!! I was shocked.

 

After some investigative work I now know it was a cash genie loan from 2012, which defaulted in 2012!! There is no mention of cash genie on my credit report at all. There used to be but it was removed last year, i'm not sure why but might have been when they went into liquidation??

 

So i thought that was the matter over......and now Motormile have put a fresh default on there?? I know they are currently carrying out a redress (discovered after some research online) but how do i know if this will qualify and the default be removed?? Or should I write to them and go about this some other way??

 

Legally they cant add on a 2016 dated default surely?? I am livid to say the least.

 

We are about to look into mortgages as first time buyers and have painstaking saved up a deposit and this could now cause major problems obtaining one....or basically we will get flat out no's.

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Hi and welcome to CAG,

 

Legally, NO! MMF cannot place a new default-period!

 

The CashGenie default from 2012 should remain and MMF could change the name of the creditor to their own name but the default dates MUST remain the same.

 

As it stands, the default should have fallen off your file next year but as MMF have unlawfully placed a new default, you could be in limbo till 2022.

 

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  • 2 weeks later...

My partner had similar with a PDL from 2013, default registered in 2016. I sent recorded letters with no response and contacted the FCA back in July - I have today received a response that they agree the default should be backdated!

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