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jacktheband

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Posts posted by jacktheband

  1. I bought a Nissan Qashqui from a local independent dealer in June this year for just over £5k. The turbo went faulty within 30 days, after an initial appearance of indifference from the dealer they did indeed repair it and all was good. However, we now have an issue with the windscreen washers (both front and back) in that they just don't work. I can hear no noise when trying to use them which leads me to think this it is the washer motor (i have checked the fuse and it is not that). The washers did work upon when we first got it, but over the past few weeks they have stopped working.

     

    I contacted the dealer via email yesterday confirming that the car is under 6 months since purchase and this fault has occurred for which i would like them to repair. Their reply has been:

     

    "Sorry to hear you are having a minor problem with your Nissan Qashqai unfortunately due to you only having a 3 months major mechanical warranty which would of expired on the 11/09/18 this wouldn’t be something we could cover the cost of.

     

    Even if this issue occurred during the first three months of you owning the vehicle the washer jets wouldn’t be covered due to the warranty only being a major mechanical warranty."

     

    I have just replied to them that my request for them to repair this free of charge is under the Consumer Rights Act 2015, section 9 "Goods to be of satisfactory quality". I have reiterated that i expect them to repair this free of charge or state their final position on the matter so i can then decide on my next course of action.

     

    Can anyone give me their thoughts on whether i am completely in the right to demand repair for this issue on a car bought privately from a dealership just under 5 month ago? If they refuse to play ball, what should my next steps be? I have kept all communication with them via email so i have a clear trail, but if we do have any chat via phone then it will be recorded (i have installed a call recording app - thanks to all the advice on here!).

  2. I bought a used car from a local independent dealership on 11th June this year for £5200 (Nissan Qashqai). It's been a good car since i bought it up until 2 days ago when the CD player stopped playing CDs (it's a 6 CD changer) and then yesterday when the car went into 'limp' mode when driving home. I called the AA who diagnosed a fault with the turbo and towed me to the car dealership.

     

    As it was late on a Sunday evening i left the car outside the dealership and returned there this morning at 8.30am to hand over the keys, explain the situation and ask for a repair.

     

    The reason i am posting this is that one of the chaps in the office asked if i had paid for their warranty (i hadn't) and said i've therefore just got the basic warranty (up to £300 limit for repairs i think). I replied that i was wanting it repair under the Consumer Sales Act. He made a reply along the lines that it was not applicable to this situation and then walked off. I continued to deal with the other chap in the office, gave him the key and my contact number, He said they'd contact me later today once it's been looked at. I'm just slightly concerned that the dealer might not play ball and get it repaired.

     

    I sent an email to the dealer half an hour later confirming the timeline of purchase and when the faults occurred (both the CD player and the turbo) and confirming that i am requesting a repair. I also enclosed a copy of the AA's report from when the recovered the car.

     

    Is there anything specific that i need to do in the meantime? If they reply that they want me to contribute to repair costs, i am right that i can demand they cover it completely under CRA rather than warranty?

  3. My suggestion is to raise the request with them first for repair/replacement/refund. Only when they ask you to prove that the fault is an inherent manufacturing fault that you then get an engineers report.

     

    I suggest this as I had a similar situation with Co-op recently for a faulty TV. I escalated the situation with them as they were trying to fob me off with the manufacturer. I was fully expecting to be asked to prove the situation as the TV was old than 6 months. However, they decided to simply cave and refund the fill price of the TV (despite it being 18 months old). So worth raising the request/complaint with them first and only getting the engineers report when they prompt for it in my opinion.

  4. In mid July i sent a parcel via Parcel2Go. Have used them before and had no probs. This time i was sending a child's fancy dress costume back to a company as we had bought it but it hadn't fit, so it was a simple return. The item cost £30 (which we would be getting a refund for once returned). The courier fees were £4.02 (i did not chose to pay for the extra compensation cover - as i refuse to pay compensation to cover myself against the company not doing what i am paying them for). It was using My Hermes (via Parcels2Go).

     

    A week later we were contacted by Parcels2Go to say that the packaging was damaged, what should they do. I asked them to continue with delivery as hopefully the item wouldn't be damaged. We let the company we were returning the item to know that the packaging has been damaged and to inspect the item before signing for it, and to reject it if the item was no good.

     

    A few weeks later we had still not heard more. I asked on Parcel2Go live chat and again reiterated that i want the delivery to be attempted. Nothing further happened for a few days (i was following the tracking info online). I contacted them again via live chat and they confirmed that the item had been lost and to initiate a claim. I raised the claim for £34.04. Only £4.04 has been refunded. They are rejecting my claim for the cost of the lost item (£30) as i did not take out their extra insurance.

     

    I have spoken to them via live chat today to complain. I was told that they were not liable for the lost item as i did not take out their additional insurance. I asked to escalate and spoke to someone else via live chat who reiterated the same thing. I asked for their full complaints procedure and was given an email address which they say is the last step in the complaints procedure and they will issue a final decision (and they have reiterated a few times that they will 'just say the same thing that i have been already told').

     

    Although it is only £30, i am willing to stand up for my rights and demand compensation for them losing my property. They have referred to Ts&Cs 6.7 "If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased compensation cover for your Consignment from us. " Can i have anyone's thoughts on their liability to compensate me for lost goods in this situation?

  5. Well, well, well. Today has got off to a good start.

     

    Following my email to co-op on Friday in which i asked for a copy of their full complaints procedure, which ADR they were signed up to and making it clear that i will not be accepting their response of 'we will not do anything', i have had a reply from them this morning offering me a cheque to cover the repair costs of the TV. Well, i say the repair costs, but the cheque will be for £210 which is basically a full refund of the TV. Obviously, i immediately agreed to their proposed resolution!

     

    This is a little bit more proof that they seem to not know what they are doing, as they certainly are not obliged to give me the full cost of the TV (considering it has already had 1 year's use out of it). And they have not asked for me to provide any independent proof that they fault was inherent since the point of sale. Oh well, i'm not going to look a gift horse in the mouth. Obviously, i'm very happy with the outcome.

     

    Thanks for everyone's help with this. My next step was going to be a Barclaycard s75, so hopefully this post will be of help to anyone else in a similar situation that always worth pushing through a company's complaint procedure until they buckle, or if they don't then you've always got s75 to fall back on (assuming you paid by credit card).

  6. Thanks for the replies.

     

    So, looks like doing a section 75 with Barclaycard is the way to go. One question, i have yet to approach a TV repair company for an independent engineers report to support that the issue was inherent since the point of sale. I was waiting for co-op to ask me for this (or was hoping they would accept the issue without demanding that i do this). Should i be getting this individual engineers report prior to submitting an s75?

     

    In the meantime, i have emailed co-op back stating that i reject their response and to provide me with their full complaints procedure and any ADR that they use, and to escalate it higher in the complaints procedure or issue me with a deadline email. Just trying to ensure that i have pressed as far as i can with them and that they confirm that they will not play ball.

  7. Hi all.

    Hoping for some advise on next steps with a faulty TV that is 1 and a half years old.

     

     

    I want Co-op to repair it free of charge under the SOGA but they're not having any of it.

    I'll lay out the timeline as follows.

     

    Toshiba TV was bought by mother in law from a Co-op store in person in Oct 2014.

    She paid £208 for it (reduced by by about £50 as she had just finished working for a different Co-op store and had a discount card).

    She paid using her Barclaycard.

     

    In approx Jan this year it went faulty.

    Won't switch on.

    The power button on it alternates between red and green, but the screen remains blank.

     

     

    Read some online advice, tried keeping it unplugged, then plugging in and keeping finger on power button, etc. But no joy.

    Completely dead (apart from flashing power button).

     

     

    Mother in law speaks calls Toshiba, who tell her that she is over the 12 month warranty so tough, she will have to pay for any repair.

     

     

    She goes out and buys a new TV.

    Then i suggest that i take up the fight (as i'm a bit more clued up and don't like companies not taking accountability).

     

     

    Have been busy for a few months but have started contacting Co-op a few weeks ago to see what i can do

    (i guess i'm sort of hoping she'll give me the TV if i get it repaired,

    as she's gone out and bought a new one! :smile:

    But if not, i'm just happy to have helped her).

     

    I email Co-op Customer relations mid-March advising them that i am raising complaint that the TV is faulty and that i am wanting them to repair it free of charge under the Sale of Goods act as i believe it is not of satisfactory quality and not lasted a reasonable length of time.

     

     

    I attached a scan of the receipt as proof of purchase.

    I was expecting a reply along the lines of 'as it is over 6 months then prove it was inherent that the point of purchase', in which case i would have to go and get an independent technical assessment of the fault.

     

    First reply was the standard 'we're busy, we might take a while' email.

    13 days later (i.e. late March) i get a reply acknowledging the complaint and advising me that they are forwarding it to their electric shop.

     

     

    The next day another email apologising as they now realise that it was bought from a store and not their electrical shop (i.e. not online).

     

    30th March:

    Reply saying that will not repair it. and that i will need to contact Toshiba.

    I reply immediately stating that i am wanting it repaired under SOGA, and that i am pursuing them accordingly for this.

     

     

    Any warranty is in addition to my statutory rights (and the 1 year warranty has run out anyway).

    I reiterate that i want them to fulfil their obligations under SOGA, and if they are unable or unwilling to then to either take the complaint higher or refer me to any ADR scheme that they are a part of.

     

    31st March: Email reply that they have spoken to one of their Team Leaders and are now referring it to their Group Risk and Insurance Division for advice.

     

    Yesterday: Reply received that they will not be repairing it, and again referring me to Toshiba.

    Some quotes from this email (as i can't believe how wide of the mark they are):

     

    "I have now discussed your complaint with our legal department.

    They advise me that the Co-operative Group is responsible for electrical products sold in our stores for twelve months after purchase until the initial twelve-month manufacturer's guarantee expires.

     

    After the initial twelve months, if an electrical product purchased from one of our stores develops a fault, the purchaser needs to contact the manufacturer of the product to arrange a repair.

     

    As the TV you purchased from our store is now out of its initial twelve-month guarantee, the responsibility for its repair is now with Toshiba, the manufacturer and remains with them for the six years following the expiration of the initial twelve-month manufacturer's guarantee."

     

    So,

    i have yet to ring Toshiba myself.

    But that would be a pointless exercise i would imagine as it is out of warranty and they have legal obligation to do anything for me.

     

     

    I have yet to approach any independent technician to assess the fault and provide a report, as i was waiting for Co-op to either prompt me for this or accept the fault as stated.

     

    Do i attempt to pursue the complaint with Co-op?

    Or ask for a deadlock letter?

    Or is there a Retail Ombudsman i should approach?

     

     

    Any help appreciated. (apologies for the long post, but always best to get all details and leave out any ambiguarity).

  8. Posting on behalf of my dad whose fiancé has made the trip over to the UK to stay with him.

     

     

    She's got a mobile phone contract in the Philippines with 2 years left to run I believe.

     

    My dad has asked me what advice I have in regards to this debt/contract.

    I.e. Should she continue paying the monthly bills? Or stop paying?

     

     

    What would be the impact on her credit file? Etc.

     

     

    does anyone have any thoughts on this?

  9. If an individual within EE had caused this issue by human error, then this would obviously be raised the individual with an outcome of needing more training, disciplinary, sacked, etc. For EE to then go back to a customer and say "Thanks for reporting it, we've now sacked/disciplined the guy" would be a breach of employment law. Therefore, it's not surprising that they said they cannot confirm with you the outcome.

     

    I'm not sure what sort of response or proof you would be wanting from them TBH.

  10. I have now spoken to my neighbour regarding this. I asked him if they had had their guttering done recently to which they replied no they haven't. I said that i had recently noticed their back gutter diverting contents into my gutter, to which they replied that they know, it was like that when they bought the property and they haven't had any work done on the guttering since they bought it. (They've been there for about 3 years, we bought our house 2.5 years ago). They asked me if it is causing a problem, to which i replied that at present it isn't but we had only just noticed it and thought that this was a recent change.

     

    It was a very amicable conversation, with the outcome of:

    • they say that the guttering was like this when they bought the house (and i am completely unsure whether this is true or not - i cannot recall it being like this previously, but at that same time i have no distinct recollection that it wasn't)
    • they have asked if this is causing a problem so are open to further dialogue if needed
    • they now know that me and my missus have some concerns about it

     

    I'm therefore a little unsure on how to proceed. On one hand it isn't causing me any problems, but on the other hand i don't want it to be an issue for when i sell the house (our rough timescale is to sell up over the next 3 or 4 years to move to a bigger property). Assuming that the previous owners of both mine and the neighbours houses did agree to this guttering setup, is there any legal responsibility for me to inherit this agreement? Or if this agreement was not bought up when i purchased the property then i'm guessing there is nothing in place? Would the advice be to ask for it to be resolved now, or agree that it needs to be resolved over the next few years prior to me (or they) selling?

  11. Let me ensure i understand this:

     

    • When you had finished your minimum term you changed your tariff to a 'sim only' / rolling contract?
    • You never cancelled this contract, but only cancelled the DD (i.e. stopped paying them)?
    • You were under the impression that the new rolling contract needed only to not be paid for it to close?

     

    If this is correct, then i must say that Vodafone haven't really done anything wrong here. They had a contract with yourself, you stopped paying for it and therefore they have marked your credit file with unpaid markers. Once paid they have duly updated it to say balance settled, although it was paid late so there is still a blemish on there.

     

    The transcripts point towards them agreeing to update your credit file as they can see no outstanding balance. Hence it was updated to then show settled. But the fact that it was paid late will still remain.

     

    In my opinion, you have no valid claim for Vodafone to remove this completely. You had a contract and failed to pay for it or cancel it, and they have updated your credit file accordingly. Any change to their stance would be purely on a goodwill basis.

  12. Hi all. Thanks for the responses, much appreciated. To answer a few of the questions:

     

    Can you look closely at their wall to see if there is evidence of s down pipe, like screw holes or marks where the brackets were?
    I've tried to look but not 100% sure. It appears that there was a downpipe on the right hand side of their house-rear wall, but without breaking into their garden i cannot be sure.

     

    Look closely at their guttering .. If it is old it will have colour fade or signs of algae. New guttering parts will be obvious
    Their guttering looks new, no colour fade or algae (see image in pdf below. Their house is the one on the right, mine is the one on the left).

     

    Are you owner-occupier or T?
    I am owner-occupier.

     

    If you have a good relationship with the neighbour, then perhaps a quiet word and ask them to sort it.
    Yes, we're on good terms. I'll be speaking to him this week in a friendly manner on the assumption that he is not aware of what the builder has done and has therefore not intentionally caused this issue. (not sure i believe that but best give him benefit of the doubt and treat things in a civil manner until i know otherwise).

     

    Thanks for all of your help. I attach an image (in a pdf) of the offending guttering to clarify what has been installed.

     

    [ATTACH=CONFIG]56688[/ATTACH]

     

    Thanks for letting me know where i stand and that i'm not being unreasonable in wanting them to resolve this. I shall keep this thread updated with developments.

  13. My missus text me today at work to say that she's just realised that the neighbour's gutter along the back of the house is emptying onto our roof. I got home and sure enough it is. We think that they've just had it done over the past few days as we've heard drilling/noise coming from their side recently, but are not 100% sure.

     

    We are mid-terrace, as is our neighbour. We live slightly downhill, so their roof is a good 2 or 3 foot above ours. Looking at the back of the houses tonight i can see that the neighbour has no downpipe. All houses on our terraced row have downpipes apart from their's. Again, i *think* they had one up until the recent changes. Instead of a downpipe, their gutter now juts out by about half a foot at the end with no termination and so overhangs my roof and therefore the rain will drain directly from their gutter onto my roof and into my gutter.

     

    I haven't spoken to them yet, but wanted to check my options and if this is worth me making an issue of. Have i cause for concern for having the neighbour's back gutter emptying onto my roof? Should they have asked permission before doing this? What if this was not a recent thing but happened a while ago, but i have only just noticed it? (we're are a bit sure it was only recently done, but haven't really been out back of our house lately as not the weather!).

     

    I'm on friendly terms with my neighbour and so have no problems in having a neighbourly chat, but obviously would like to know what's right and wrong in this scenario.

  14. Quite simply, you need to contact their ADR scheme directly. A quick search online shows that BT's ADR is ombusman-services.org.

     

    You can take the issue to them once 8 weeks has passed from the initial time of making the complaint, or if you are unhappy with the outcome from the complaint. Taken from their website:

     

    If the problem isn’t sorted out within eight weeks from the date that you first told the company about the problem, or you are unhappy with what the company has done to sort it out, contact us. You can complain using the form on this website or by calling 0330 440 1614. We will ask questions about your problem so get out the notes you have taken of the calls you have made and received and the letters you have sent and received.
  15. Hi. Have just been given a weekend paid for caravan at a Parkdean site by a friend who can no longer go. I called Parkdean to advise that my friend is no longer going, but she has given it to me. I was informed that there was a £20 admin fee for changing the name.

     

    Whilst i'm grateful that my friend has given me a free weekend away, i can't help but think that they're taking the mick charging £20 for changing the details. I sent a message via Twitter, and have had their twitter team call me and reconfirm that there will be a £20 charge which will not be waived. I've asked what it was for, they said it was to cover the manpower it takes to swap details and reprint the documents. I asked what documents, i thought it was all done electronically, which she said yes it is, no printing is involved, but still confirmed the £20 stands.

     

    I would have accepted a £5 fee as would probably take maximum 15 mins to swap details, and that is based at the ridiculously paid rate of £20/hour for data entry. Can anyone tell me if i should just accept it, or if i have any grounds to stand up to this charge?

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