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craig2280

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  1. I am also suprised they get away with it. Wear and tear could cover anything and everything in their eyes! I dont know exactly how they work but I would think they have it logged now and if you do not go ahead and come back to it later it will give them another excuse not to grant the claim. In my case I contacted Audi UK who were willing to contribute if I had the work done at an Audi dealer. Good luck.
  2. I can guarantee that if you go ahead and get the problem looked at Auto Protect will deny your claim for one reason or another which leaves you with picking up the bill for the garage to investigate. After my issues with them I came to the conclusion that they warranties really are not worth the paper they are written on. Auto Protect have so many get out clauses within the policy I would be surprised if anyone has had a claim granted! I would contact Honda UK and see if they will make a contribution towards the repair, especially if its a known problem. Will not hurt asking. If Honda are no help I would suggest going to a garage that you know and trust. Make the claim and see what AutoProtect say.
  3. They cannot take your parents property, although if they turn up they will levy against cars/caravans etc until you prove its not yours. They will then add further fees. Your parents should get a statutory declaration made up (before Marston's return) and signed in front of a solicitor (costs around £5 I think), stating that everything in the house and car carvan etc is their property. They cannot levy or remove the property once this has been done. Make sure you park YOUR car well away from your house! As I have said, I am no expert and if I am wrong someone will point this out.
  4. Did the £479 judgement entered include the costs for the court action? It doesnt seem right that for a £479 debt they have transferred it up. Taken from Marston's own website; "If you have a judgment worth more than £600.00 including costs, forward it to our Transfer Up Department who will transfer it to the High Court for enforcement. This service is entirely free, however a cheque for £50.00 made payable to HMCS (Her Majesty’s Court Service) will be required to cover the court fees, as part of the transferring up process."
  5. Follow the advice previously and send the Letter Before Action. Give them 14 days if no joy then file a court claim. They have ignored your previous requests and so continuing to send letters asking them to stop wont work.....sue them!
  6. I agree. I think you should write or email them stating this is due back in court for redetermination. It is also highly likely that Marstons will have already added fee's to this account. Be careful with any fee's they add and always ask for a breakdown. In my case they tried to add over £2000 worth of fee's to a £2000 debt. Only when I checked with people on here and questioned them did these "fee's" get reduced to £250!
  7. Yes they add the costs to the debt. I have just finished dealing with Marstons and was in the same position as you. I was living with my parents and Marstons visited. Firstly they cannot take anything that does not belong to you. The bailiff that came to my parents house knew nothing was mine and never really tried to enter or threaten to take anything (but from what I read on the forum this is rare!). I made an offer I could afford and put it in writing to Marstons who then asked the creditor. If they see you dont have anything they will explain this to the creditor who is then more likely to accept the offer but they dont have to. I am not an expert but I would certainly move your vehicle well away from your address so they dont levy on it. At the end of the day they cannot take what you dont have but they do like to cause as much hassle as possible to try to force you to get the money somehow. If its going back to court then I dont think they can do anything until then but I am not an expert.
  8. How much was the judgement as I am pretty sure that to transfer the debt up to the High Court it needs to be more than £600?
  9. Hi Conniff. I have come to a financial agreement with the seller. I also contacted Audi Germany with my concerns regarding the failure of this part at this mileage. Audi responded and were prepared to make a contribution towards the repair if it was carried out at an Audi garage.
  10. The gearbox specialist is DJ Transmissions. The dealer has offered £400 to settle this dispute which I have rejected. I am waiting for him to get back to me today with his final offer. If this is not acceptable then I shall go to court and claim the full cost of the repair. I believe that this dispute will fall under the Sales Of Goods Act regarding "fit for purpose" however the dealer does not beleive this to be the case.
  11. They actually gave me the bearing when I went to collect the warranty booklet. I have tried calling the dealer twice today and have left a message. His answerphone message states he will be back on 14th. I appreciate your input and advice. I do not know anything about case hardening apart from what you have said above, but I can see the damage on the bearing. I did want to send a Letter Before Action to APA however from what they have said and the wording in the booklet, it would seem the warranty policy is between myself and the dealer. I will send him a recorded letter which he will get on his return.
  12. I have just got the warranty book/schedule from the car. It states "Parts Included; Manual gearbox Internal gears, synchromesh hubs, selectors, shafts, bearings and bushes and transfer gears (excluding oil leaks)." It also states; "Mechanical Breakdown: is the failure of an item included under the parts listed causing a sudden stoppage of function, for a reason other than wear and tear, normal deterioration or negligence. Damage caused by the effect of overheating or abuse is not regarded as a mechanical breakdown under the terms of this Agreement". APA state the case hardening is not sudden mechanical breakdown and therefore is not covered. The warranty was provided by the dealer and I did not pay extra.
  13. Having spoken to a supervisor at the warranty company (APA), I have been informed that they do not supply the warranty they only handle the administration of the warranty for the dealer. This seems to be another way the wriggle out of any potential further action.
  14. Hi Conniff, thanks for the reply. The warranty company have not sent an engineer to examine the gearbox or bearing. Once it had been stripped and the problem established the workshop rang the warranty company and explained the problem and to get authorisation to carry on the work. The warranty company then stated that they would not pay out for this work as it was "wear and tear" and was not covered. I then rang them myself to ask why when bearings are clearly stated as covered under the policy. They kept stating wear and tear and they would not cover it and in the end they simply hung up the phone on me! The workshop and engineer are happy to supply a report stating this is not due to wear and tear, and so I will take this to court if necessary. With regards to the seller, as he is out of the country I was unable to contact him, however a recorded delivery letter was sent to him yesterday so he can read on his return.
  15. Hi The mileage is correct. I have all the service history and old MOT's and when I took it to Audi they confirmed the service history and mileage. The car was bought 19 days ago. I have had to give the go ahead for the repair as I need the car and the dealer is out of the country for 2 weeks (according to his answer phone message). You are quite right with this warranty, it is not worth the paper it is printed on! Wear and tear lets them get out of any claim!
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