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Doingmybest

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  1. Quick update. We had the mediation this morning (waste of time) - trader offered a good will gesture of £150. They believe that under the Consumer rights act that it is the consumers responsibility to check that the car is roadworthy and that the car has been serviced in accordance with the manufacturers service intervals. They offered 3 months warranty which would not have covered the cam belt anyway as that is wear and tear. of to court we go then.
  2. you can authorise someone to mediate on your behalf- this can be done verbally or there is a form that they sent to give written authority. I’m sure that when I was making the original claim that there was a section again to give authority to someone to act on your behalf.
  3. No, not yet. I’m guessing I need to cancel this claim and my son make a fresh claim and put me down as acting on his behalf? we are within the 6 months according to the emails etc I've had to complete a N244 application notice in order to make the necessary changes and pay the £108 fee. Sets the process back a fortnight but as the defendant will have to be re-served.
  4. We have mediation appointment next Wednesday but I’m a bit worried: the contract is in our sons name, and I’m making the claim on his behalf. The credit card have knocked back the 75 because the card is not in my sons name(3rd party) they said that there is not a valid debtor -creditor-supplier agreement. Is this correct and will the court take the same approach?
  5. Yes we signed on the premises. Wow, so our rights were removed because we signed the invoice? here is the main section from the original advert: Service History just been fully serviced by us, One Year long Mot, 2 Keys, Cruise Control, Phone Connectivity, Aux Connectivity, Alloy Wheels,Air Conditioning, V5c Present, 3,6 & 12 Months Warranty Availabe (T & C Apply), Delievery Options Available. This car is available to view at 31 Ampthill Road Bedford MK42 9JJ, Service history, 16in - Alloy Wheels, ATC Air Conditioning, Auto Wipers, Auto Wipers inc. Auto Headlamps, Cruise Control, Perimeter Alarm, Premier Alarm, Privacy Glass, Quickclear Heated Windscreen, Radio/CD, MP3 Compatible with 2-Line Display and Aux In, Windows - Power Front One-Shot. 5 seats, Grey, 2 owners, £2,990
  6. The online system dispenses with the form - when you click to proceed it takes you through all the questions. Thanks for your help. I will keep you updated.
  7. Thanks dx. the only options are to agree mediation and proceed to hearing. There was a nothing about N180. Also it advises that you get a faster hearing if you agree to mediation.
  8. Thanks for the reply dx. My son did around 2000 miles. Apart from the dealer saying that they had serviced the car there is no evidence that the car has had a service since 2014 or cambelt change. Ford have informed me that the belt should be changed every 8 years or 100,000 miles -which ever comes sooner. Thanks dx. Just to add: we paid the deposit on a credit card and have made a section 75 claim. Trying to cover all bases. My Claimform and their defence+DQ.pdf
  9. Hi all. We purchased a 2009 Ford fiesta on 08.11.2021 from a car dealer. Mileage 99,000 for £2900. on the 27.11.2021 we had the car inspected by Kwik Fit mechanic and following faults identified: Front brake pads are worn and close to metal, the SRS (airbag warning) light remains on, Both rear indicator lights are discoloured, the Nearside registration plate lamp is not working, Front tyres are a different size to the rear tyres exhaust backbox is heavily corroded. Proof of full service history not provided as indicated in the advert and promised by the dealer. Car returned for repair on 30.11.2021. My son picked up the car a few days later and took it on trust that all repairs were carried out. He did not receive evidence of full service history. He has a partial history with last stamp being 2014. Also the dealer again informed us that the car had a full service at time of sale. AA called out to car on 07.04.2022 and informed us that the timing belt has gone and possibly caused damage to engine. I wrote to the dealer twice with no response until I sent letter before action: they refused to do anything said that there was only a 3 month warranty. I issued a claim on the 11.05.2022: I requested a repair or full refund of the purchase price of £2900 on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015. The defendant is refusing to repair and/or refund the cost telling us that they only offer a 3 month warranty and are not going to address the issues. They are ignoring the Consumer Rights Act 2015. They have responded to the court that: Car had a warranty of 3 months. Car was brought back and we got it repaired. Cam belt is wear and tear and he should have been informed by the service people. We are not liable for wear and tear. Furthermore it is out of warranty period. Cam belts be checked by claimant regularly. We deny all claim. They have asked for mediation. I really am at a loss of what to do for the best as we trusted that they would be upfront and honest. I also would expect that if they had serviced the car as they said they did, they would have advised if the cambelt required changing or needed to be changed especially at the mileage and age of the car. Any advice would be appreciated.
  10. You're right. I have looked into this and the average is around 7 years, taking into account that it's only used for around 4 hours most evenings.
  11. Hi, I've received this from Argos. Is what they're saying correct or should they send someone to examine the TV? "I'm emailing today as your email has been forwarded to my department to look into further as it isn't an Argos Store Card query. I'm sorry to read your television has developed a fault and for any disappointment this may have caused. All of our products come with a 12-month guarantee on the provision you're able to provide us with a valid proof of purchase. As your order was originally collected from store, any returns need to be processed on the stores system due to the way they operate, we're unable to access them to action this from a contact centre setting. I can confirm that faults can be reported for up to 6 years after purchase, this does not mean you will qualify for a free repair, full refund or replacement. We would take into consideration the length of time you've had the item and the nature of the fault. As your 12-month warranty has expired, we will now assist you under the 6-year duty of care. We'd be in a position to offer a pro rata refund only for fair usage as outlined in the Consumer Rights Act 2015. With this in mind, we'd kindly ask for you to obtain an independent report conducted by a qualified professional related to your item. It’s really important that your report meets the criteria listed below: • Be on letter headed paper. • Be completed by a registered tradesperson. • State the nature and cause of the fault. • Include your order number, name and address details along with any costs for the report invoiced. Once you have obtained the report, please return your television, proof of purchase and report to your local store and my store colleagues will be happy to assist you with your return."
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