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    • I suggested consideration of bankruptcy some years ago. It was not well received.
    • That is a superb WS. However, I have a few tweaks to suggest. In (2) "indicating" not "indication". I think to be consistent with your numbering, in (6) the Beavis case should be EXHIBIT 2. Do you really need to include over 100 pages of Beavis?  I think that would be likely to annoy the judge.  Just try and find the bit where they decide it was not a penalty due to having an interest in limiting the time that vehicles can stay. I'll have a look myself for this bit later as it's highly likely to be in WSs from PPCs who think that that paragraph means all their charges are valid always on every occasion. After your current (7) add this.  It's always useful to refer to a judgment when making a legal point - 8.  In the case PCM vs Bull, Claim No. B4GF26K6, where the Defendant was issued parking tickets for parking on private roads with signage stating “No parking at any time”, District Judge Glen in his final statement mentioned that: “the notice was prohibitive and didn’t communicate any offer of parking and that landowners may have claim in trespass, but that was not under consideration”.   In (14) if my maths are right the CPR request should be "EXHIBIT 3".  it is missing from your list of exhibits. In (16) the two figures should be £100 and £170.  They are entitled to increase fro,m £60 to £100, they are not entitled to increase to £170.  To make it clear for the judge I would write - 16. The Claimant has artificially inflated their claim for a £100 invoice to £170. This is simply a poor attempt to circumvent the legal costs cap at small claims. 17. The Claimant has also invented a second fictitious charge, for legal representative's costs, when they have no legal representative. You also need ot number your exhibits. The rest is excellent - well done.
    • Did you ever think of walking away? Become bankrupt and in 12 months it'll all be behind you. My feeling is that you may well get nothing from the sale of the property anyway. Going by the date this thread started it looks like eight years of arrears, lender's costs and receiver’s fees on top.
    • Just to clarify - I make use of evening legal clinics. It is not always possible to see a lawyer (they have limited time and days/week).  This means questions one has may never get answered or there's weeks between follow-ups.   To be really clear - I am representing myself; I am playing at being lawyer/ barrister - which means I take help wherever I can get it (and then research it thoroughly). Ae - a judge in a recent hearing pointed out the receiver is not part of my current proceedings - and suggested I have a separate claim v the receiver. Disclosure has presented damning evidence v the receiver  The receiver against whom I have a complaint is not part of the receiver governing body.   The receivership is in 2 names - a joint one.  My complaint is directed at whom I was told is the lead receiver.  The other named receiver IS a member of the governing body.  But he has now left the company.  And the lead receiver has retired - but is still a working consultant on my case.   All the evidence shows it was the 'lead' receiver who was doing all the  work/ the misbehaviour.   But if the appointment was 'joint' would I make a complaint against them both?    I am sure that wouldn't go down well with the other receiver who is at the beginning of his career. The law is very much against borrowers.   But the evidence against this receivership is crystal clear.   I just don't know how and to whom to complain.   The places I've tried so far don't offer much transparency       
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Lifetime Guarantee Problem Stoneacre


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I have had my car (Ford Fiesta) since June 21st last year.

Now my issue is I have a knocking noise coming from the front passenger side of the car. No idea what it is.

 

I rang Stoneacre up and they asked details and such and said your service is due, I had said, the service has been done through someone else because well they were cheaper then what stoneacre could do.

 

He said ok, but your lifetime guarantee is invalid in that case, because you needed to get the car serviced with us for your warranty to be still valid.

 

ok then, he said I can get the car serviced again with them and get my car looked at and repaired under my warrenty. I said Ill get back to him.

 

I looked at my lifetime warranty book and it does say i should of got the car serviced with them.

 

The car is less then 2yrs old.

why cant I still get it done under the Manufacture warranty and not stoneacres.

 

Im really confused on what i can do.

 

When the car was serviced Ford parts were used on the service.

Edited by dx100uk
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Forget warranties not worth the paper they are written on

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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Who supplied the car? How many miles has it done?

 

Have you any idea what the knocking is?

 

In principle you are covered by the Consumer Rights Act which means that you are entitled to receive vehicle which will be of satisfactory quality and which will remain that way for a reasonable period of time. Depending on what the fault is, you will probably be able to say that this is a defect which should be repaired under the Consumer Rights Act

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I bought it at just over 9k miles and ive just hit 22k miles in less then a year. I do alot of driving, anyway I bought the car from Ford Stoneacre. I believe they have a Vauxhall Stoneacre to.

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You will need to go back to them and tell them that you want it repaired under your consumer rights under the Consumer Rights Act. I suggest that you put this in a polite note to them and give it to them and also send a copy to their head office.

 

I suppose that they will still bluster and deny in which case come back here and we will let you know the various courses of action you can take which basically will be to threaten them with a court action and then to sue them in the County Court.

 

It would be prudent to try and discover what the knocking noise is first all however, I can scarcely imagine that a pretty new car of only 30,000 miles should develop any kind of knocking at all. In fact what you could do would be to take the car there without any threats and ask them to check it, to identify the fault and to give you a quotation. After you have that, tell them that you will think about it and come back here and tell us what it is. However, it's almost certain that you will be in a position to force them, if necessary, to carry out the work under your consumer rights.

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Also with regards to car warranties, there was a rule which said that the car can be serviced at any vat registered garage using original parts and following the service schedule to preserve the warranty.

But cra prevails anyway.

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No no no.

 

As usual people who don't know what they are talking about are giving miss leading advice.

 

Manufacturers warrant the car for 12 months from new, after that any warranty is down to an insurance policy which has very strict stipulations as to the servicing requirements.

 

It is wrong to give advice that you can use anyone for servicing after the manufacturers warranty has expired.

 

The first year is very different from subsequent years

 

I'd appreciate it if the [removed] attitude of some of the site team would read up on this so they would actually calm down and realise that their comments can lead to grave disappointment. !!!!

Edited by dx100uk
Insult removed..dx
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No no no.

 

As usual people who don't know what they are talking about are giving miss leading advice.

 

Manufacturers warrant the car for 12 months from new, after that any warranty is down to an insurance policy which has very strict stipulations as to the servicing requirements.

 

It is wrong to give advice that you can use anyone for servicing after the manufacturers warranty has expired.

 

The first year is very different from subsequent years

 

I'd appreciate it if the [removed] attitude of some of the site team would read up on this so they would actually calm down and realise that their comments can lead to grave disappointment. !!!!

 

sorry, but once again we are getting completely incorrect information from heliosuk

 

It is correct to say that if you want to take advantage of a manufacturers warranty then you are probably constrained by the terms that warranty including servicing requirements.

However if you want to rely on your statutory rights under the Consumer Rights Act then there are no particular requirements as to designated repairer/servicer to be observed. You are entitled take your vehicle to whichever service garage you wish – and as long as they do a job which is considered to be reasonable so that you can be said to be maintaining your car in the way that a reasonable consumer would do, then you can rely absolutely on your statutory consumer rights.

 

I'm sorry to say that we are starting to get a number of instances of incorrect advice from user:heliosuk and people should prefer advice given by the site team.

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If you read Heliosuk's post properly you will see that he is differentiating between manufacturer's warranty which is governed by European legislation which PERMITS non dealership servicing to the manufacturer's criteria and does not invalidate the warranty.

 

After the expiration of that 12 month MANDATORY warranty, any further period, even offered by the franchise, is based on an insurance policy, the underwriter of which can set its own conditions.

 

This is seperate to the CRA rights which we all agree override ANY warranty whether Manufacturer or extended and is pursued against the selling dealer, not the manufacturer.

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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An Australian court has fined Apple A$9m (£5m;$6.5m) for refusing to fix iPhones and iPads that had been serviced by third parties.

 

https://www.bbc.com/news/world-australia-44529315

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I don't drive an Apple, neither am I living in Australia. Not sure of the relevance of this link!

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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  • 2 weeks later...
If you read Heliosuk's post properly you will see that he is differentiating between manufacturer's warranty which is governed by European legislation which PERMITS non dealership servicing to the manufacturer's criteria and does not invalidate the warranty.

 

After the expiration of that 12 month MANDATORY warranty, any further period, even offered by the franchise, is based on an insurance policy, the underwriter of which can set its own conditions.

 

This is seperate to the CRA rights which we all agree override ANY warranty whether Manufacturer or extended and is pursued against the selling dealer, not the manufacturer.

 

 

Perhaps based on this the ill informed Bankfodder might like to reconsider his ill informed decision to censure me for this post and consider his contributions to this part of the forum as obviously is extremely weak in this area. Automotive is a very subjective area of the law which I unfortunately have to deal with and intervene world wide on a regular basis at the highest levels. Higher even than basic consumer law come to that but I doubt he will.

 

 

In fact, whilst my posts are factual, his are not and are frankly libellous.

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Apart from anything else the original post was about a Stoneacre backed 'lifetime' guarantee and not a 'warranty' per se, as you are all using the term.

 

It is a marketing tool which Stoneacre use to tie their customers in returning for a service. If the customer is aware and uses it correctly it can be a benefit.

 

Everyone has a choice.

 

H

44 years at the pointy end of the motor trade. :eek:

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