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Everything posted by juliusceasor

  1. Thank you, that was my thought. Indeed and I think that is not uncommon with the banks not taking due care and consideration, it is simpler to pass the buck either to the ombudsman or hope the client accepts what they say. I will draft another letter to set out what and why I think the breaches have occurred and wait for their response. Although I find it odd that rather than waiting to discuss their opinion with myself /request further evidence they at the same time of notifying me, go to the merchants bank seeking goodwill .. Thank you all for the input.
  2. Thank you. I think you have missed that the offer was only made after 5 weeks, and the cost of implementing the offer was greater than the benefit, infact there was/ is no benefit as nothing can achieved by the replacement except additional cost as I have explained.
  3. I had a choice of no heat and hot water with a baby imminently arriving and the promise that the missing parts would be sent immediately, plus the installation was already scheduled, building work was tied up around the installation starting. Therefore it was accepted the parts would be sent and the install could continue when they arrived, it was not expected to take 5 weeks of further aggravation, delays and communication to enable the installation to be completed.
  4. I set this out in my original letter to them the boiler was unusable until a month after it was received when the final missing parts arrived. What I am trying to recover are my costs due to the delays caused tot he installation. Because the supplier /manufacture hasn't entertained them then I felt it right to claim under section 75. I am perfectly willing to claim the cost of the boiler back deduct my costs and forward the remaining money to the supplier.
  5. Thanks. I sent what they asked for a copy of the correspondence between myself and the supplier and manufacturer and the suppliers T&C's (why they couldn't download them themselves is beyond me). The supplier acknowledges parts are missing following my email to them 28/8/13 and correspondence shows them requesting the matter be resolved by the manufacturer and a querying if this had been done 6/9/13. It then shows from the tech side of the manufacturer a possible reason 16/9/13 why these parts were missing, further correspondence around the 27/9/13 chasing parts. As
  6. No I didn't issue a court claim I simply went down the route of a sec 75 claim against the credit card as jointly liable with the supplier, I felt this would be a simpler and faster solution to achieve recompense for the costs incurred. Small claims court is an option but having purchased via a CC I believe the sec 75 route is more straightforward than the small claims court avenue. What aspect have I failed to demonstrate a breach of contract by the supplier that the CC can fell justified not to uphold a breach of contract and rely upon the good will of the suppliers bank agreeing to r
  7. They have only temporarily refunded the 1.5k subject to the goodwill of the suppliers bank approving. They should be refunding this under sec75 on the basis the product was in breach, not in feigning goodwill on the part of the suppliers bank who has not made such an offer, nor was one expected. The question was what further proof does the CC require to show breach of contract? The item was not of merchantable quality or fit for purpose therefore under the sales and goods act as amended that is breach in itself. But the CC is implying that the goods have to be "faulty" to be in breach, i
  8. Hello, I recently purchased a gas boiler that was brand new but old stock and heavily discounted from 7k - 1.5k On the face of it a great deal complete with warranty from a quality manufacturer, on offer from a supplier I use at least once a year, this time for my personal property. In a nutshell the boiler arrived minus gas shut off valve, minus controller, connection pipes and manuals, guarantees etc. The boiler was being installed and was required urgently due to a new arrival, this was made clear at the time of purchase and that time was of the essence.. It to
  9. I think the questions to be asked are: Why would a person go to all the trouble of hacking into their system merely ( I say merely in context) to cause you distress? Surely if someone were to hack in to the system and to have that ability they would be far more interested in more than altering one particular credit file. A disgruntled employee? why would they be disgruntled with you an individual to which they have no connection? Assuming it were a rogue employee that employee would now be known to the police and the police would be able to confirm they have at least cautioned a per
  10. We have been discussing automated feeds on an entirely separate thread on another board and liability of passing third parties login information to access basic statement data here http://community.quickfile.co.uk/quickfile/topics/questions_re_security_of_my_data_bank_feed_and_account_access Would you say it was possible to allow a third party permission to access this data and then if their secuirty were breached and a fraudulent activity took place would your statement still hold true or would it be a straightforward breach of T&C's for divulging (however securely) logon details? If
  11. The installer no longer exists and I have to write to CIGA to set out the issue, may be sometime beforeI have an answer!
  12. Ok let's hope things go smoothly and as they should I'll post the result.
  13. Yes I agree I should be able to but were they to argue the clause 2 then my argument would be that the work I did may have disturbed some of the insulation but it could not have rendered the guarantee invalid because there is clearly areas where no insulation material was blown in. And yes under the sales of goods act then the original installation clearly was not fit for purpose or of satisfactory quality. Would you expect that to suffice along with photographs I really don't want to battle this through and hopefully I wont have to but a robust assertion of my rights to start should dissuade
  14. I didn't pay for the installation the previous owner did so Restitution wouldn't apply, would it? The new policy gauarntee on the CIGA website is different from mine slightly but essentially the same. These notes are for general guidance only, and you should refer to the CIGA guarantee for precise details of the cover on your installation. Each certificate has a unique number which should be quoted on all correspondence Any claim under the Guarantee must be notified to CIGA within 25 years of the installation date. All problems relating to the installation must be reported t
  15. The air bricks were room ventilation only not floor or roof ventilation. Windows were/are double glazed with trickle vents, to be changed for new windows later.
  16. I recently purchased a house which I am carrying out renovations to. The House had cavity wall insulation fitted in 1999, it carries a 25 year guarantee. Both the original installation company and the CIGA guarantee are in operation. In starting the renovations we stripped some walls back to brick, exposing cavities around the windows. The cavity wall insulation is patchy in places and there is none at all in some areas (Big area). Also the Air bricks on the first floor were not sealed. Before I contact the installer and CIGA I imagine they may try to wriggle on condition 2 of the p
  17. Was the £190 made aware to you at the time of the contract if not and you have grounds to prove it it could be considered an unfair contract term voiding the contract but you'd need to do some research on here to establish that, probably its a long shot. Re Perfect well no car is going to be perfect after five years, so it will fall down to what is reasonable to expect the condition to be in, subject to mileage and fair wear and tear. Best is to speak to dealers and look at similar aged and mileage cars that are in excellent or v good condition, you will note in glasses guide or Parkers f
  18. It's not entirely clear from your post whether you paid only for the work for the MOT or to have the window fixed. I am assuming you didn't accept their offer and only paid for the MOT related work. On that basis, I would agree with Buzby, the window could have broken at anytime that is the nature of things. I would argue that it was fair of them to offer the labour free if you bought the part. You don't say how old the car is but it is at least 3 years. If they replaced the mechanism and the labour they would be putting you back in a better position than when the vehicle entered the gara
  19. I haven't had third party for 20 years or so but then even third party you deny liability to the insurer and ask them to pursue the other driver. Things may have changed since then but they should be pursuing the other driver on your behalf. Failing that if you can take photographs of the junction even screen shots from google street view with cars in the street you should be able to show what you stated that it would be impossible to have been changing lane due to width of the road. I take it there were no independent witnesses? Do you have documents to show that they initially accepte
  20. Sorry to bump this but I have another question and I would appreciate help with this and questions posted earlier. my fully comp policy has the following in it. Firstly a definition: Territorial Limits means Great Britain, Northern Ireland, the Republic of Ireland, the Isle of Man, the Channel Islands and includes transit between any of these. Secondly I have replacement car hire on the policy: Jii Temporary Replacement Car This section only applies if it is shown on Your motor insurance Schedule. Definitions that apply to Temporary Replacement Car Hire V
  21. I think it would be unlikely and unreasonable to expect the dealer to assist when the OP was out of the country in France? Equally I think it would be fair to only notify them on return as no work was carried out other than a diagnosis? Sorry!
  22. The OP didn't mention he had had it repaired only diagnosed.
  23. Any opinions on using loss of enjoyment? Am I correct in making the case for it although it is as I have said previously common place in Holiday contracts I have seen that this type of non pecuniary loss has been considered. Is my use of loss of enjoyment weakened because it wasn't a specifically "holiday" contract? A judge may take the opinion it was a consumer contract for cover abroad (beakdown recovery) which would generally be taken to cover holidaying in europe when driving abroad. therefore any non performance would amount to a loss of enjoyment. does my argument persuade
  24. That's excellent Mightymouse thank you. Yes they were well aware I virtually begged them to consider the circumstances and err in my favour because of it. Can I use the freedom of information act to get copies of all the telephone conversations I know they have them from communications since?
  25. There are several issues I can clarify: The holiday trip was booked independently by myself ie I booked the ferry etc to get to Europe. I had full European breakdown cover and I extended my policy to fully comp in Europe. Both afforded me a car there is no dispute on this now but the insurer at the time disputed this. Because of this they breached their contract and failed to recover me or provide a replacement vehicle. Because of this I was deprived of transport to continue with my holiday. If they had of fulfilled their contract then I would not have been affected. I'll also quote
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