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Surfer01 last won the day on December 5 2018

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About Surfer01

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  1. Obviously a clerk working for a legal firm as very poor advice. You are correct that giving them another two weeks is a waste of time and effort.
  2. To add to the above, about 2 years ago I did a S75 claim with Barclaycard and it was rejected. I persisted and they eventually paid out as I was able to offer proof however I had to go to the first stage of the Ombudsman. You need to be pesistant. If your matter is escalated to the Ombudsman the card supplier has to pay a fee something like £500 to the Ombudsman so obviously they prefer to avoid this if they know they are in the wrong. From time I submitted the S75 claim until I got the refund was approximately 3 months and cost me zilch except time and postage.
  3. Using S75 you claim the full amount which includes the deposit paid in cash. I do not understand why you are panicking about the card supplier declining the claim when you have not even tried to make a claim? When you get to that hurdle and if it does happen then come back on here but in the meantime do the claim using S75!
  4. Why are you playing letter tennis with them and ignoring good advice? Ignore them and claim using S75!
  5. However have they declined the claim? Worry about the "what if"at the time if by some remote chance they decline the claim. Silly for any one to even think about court when they can use S75 to their best advantage and it is free.
  6. Do not bother with playing letter tennis with them. Go straight for the jugular and use S75 to claim back your money and then let the CC and the supplier fight it out!
  7. However the first thing a court will probably ask is if you have exhausted all other avenues for a resolution. Secondly to go for mediation through the courts I think you have to raise a summons and you have to pay for this whereas the Ombudsman is free and a recognised mediation service. We did this in 2017 and it did not cost us a single penny in court fees.
  8. I suggest that you also contact Trading Standards via CAB so that it is logged plus you have a paper trail if it ever went near court.
  9. As far as I am aware mediation only takes place once all other avenues have been exhausted and it has gone to court. I don't think any Ombudsman offers a mediation service as that is actually the job of the Ombudsman!
  10. The OP first needs to claim the full amount from the credit card supplier using S75 and only if the CC provider rejects the refund do they approach an Ombudsman. Why go the trouble of using the Motor Ombudsman who work for the dealers and not the consumers when you have a recognised organisation like the FOS? There should be no need to go to court if using S75 and perhaps then FOS if the CC provider rejected the claim.
  11. Just to add that I would not trust a diagnosis report from Halfords, You would be better off getting one from an Inde or even a Skoda dealer. However the garage are not honouring your rights under CRA 2015 so that is an issue.
  12. If you have exhausted their complaints procedure then the next step in the Financial Ombudsman and trading Standards and not The Motor Ombudsman. Do it today! TBH never hear of the Motor Ombudsman previously until mentioned in this thread and they probably have no legal standing or clout!
  13. TBH I am not sure about the rental as maybe it could be argued that a taxi or bus could have been used.
  14. Okay understand now as thought you had made the decision for another garage to look at it. A warranty is a meaningless piece of toiler paper as the Consumer Rights Act 2015 over rides any warranty. You have exercised your right to reject and it seems they are refusing you that right and by doing so them could be committing a criminal act. You have given them sufficient notice and now is the time to act decisively! Do not leave it any longer and do not let them fob you off with them asking you for a few more days to investigate. You should get a full refund plus compensation for any losses that you have incurred!
  15. Unfortunately as you have taken the car to another garage and had the engine stripped by a third party garage, this severely reduces your chances of a claim as you should have given the garage from whom you bought the vehicle the opportunity to repair or refund using your short term rights.
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