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Alloyz1

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Alloyz1 last won the day on October 8 2014

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  1. Thank you for the great advice I have so far done exactly what you have suggested even to the point of sending them links to second hand wheels. I have also said a repai is not an option and a second hand replacement is the absolute minimum. Okay great, keeps me on the right track- thanks again
  2. Hi I purchased a used car 4 days ago BMW 325i Convertible M Sport for £10,989.00 from a BMW specialist. On day 2 the tyre warning light came on so i checked and inflated the NSR tyre. On day 4, on the first motorway journey, the NSR tyre deflated and shredded the inner wall. It was a run flat so I made it to the nearest garage for a replacement tyre. The garage pointed out the alloy wheel had been welded at least twice and one of the weld repairs had failed. The new tyre would not hold its full pressure and leaked when it was inflated. I took photo's and a video of the issue. I contacted the garage same day by phone to advise them and by email to back up my conversation. They asked for photo's which I sent. There response was basically- The car was fine before you took it and had a full inspection and MOT. It is reasonable to assume I hit a pot hole which caused the damaged. I pointed out there is no impact damage on the wheel and the tyre has deflated since I took it? They said because you hit a pot hole. They offered to repair the wheel by welding it..... or refund the sale value. I said a repair is unacceptable due to the already compromised structural stability of the wheel and BMW and the Welding Institute advise against it (yes the Welding Institute actually exists!) Now you would think I would jump at the refund? No... The car is spot on except for the wheel. I want to keep it, but want a replacement wheel. I have asked for a second hand wheel (not new) without cracks or welding. I will pay for the new tyre and I will not pursue them for loss of earnings for the afternoon, alternative transport arrangements, new tyre etc. They have said they will repair it only. I am currently reviewing the Consumer Act 2015 but not sure if I can keep the car and request a replacement not a repair? Any advise is gratefully received. PS if I can help out with any alternative dispute resolution queries, please ask via an admin. I am a mediator by trade!
  3. I think the OC not signing the agreement is going to be a tough one to get by a DJ. But if you do go with that I would probably state something along the lines of 'The OC did not sign the original agreement contrary to consumer credit (agreement) regulations- reg 2 and schedule 5, paragraph 1 'the creditor’s signature did not appear in the form of a signature box prescribed by that paragraph'. That is subject to s127 (3) of the CCA 1974. In Carey summing up un-executed agreements are dealt with at para 26 and 27:- 26- The signed application form, detached from the booklet, is then sent to Barclaycard. If it approves the application, it signs the form as well. At that point there comes into existence an executed agreement. Therefore suggesting before the creditor signs the agreement it is un-executed. 27- In this example, the un-executed agreement does not become executed when signed by the debtor because it has to be signed by the creditor after receipt of the application form. So s62 (1) applies. Here the s62 duty will be satisfied by the provision to the applicant of the booklet from which the form was detached. All of the terms of the prospective agreement are at pages 6 to 9." Was there a booklet in your case with all the prescribed terms or just an application form? Also s189 of the CCA defines an un-executed agreement as “ un-executed agreement “ means a document embodying the terms of a prospective regulated agreement" therefore your agreement was un-executed and only a prospective agreement. I still think it is a weak argument though and the DN can be rectified by sending a compliant one because the original agreement cannot be terminated on the back of a faulty DN, so the agreement is still live and a new and compliant one can therefore be issued under the agreement. A
  4. If you let me know a couple of days before the mediation I will have a look over your thread and give you a few pointers that may help
  5. They have until the 3rd week in Nov to send you the information so they have a little time yet and it will be interesting to see if they pay the fee to proceed. It may be worth waiting until the end of Nov and if you receive it you can ask for comments on here, and if you don't receive it maybe advise the court of their failure to provide said information, after all it is a 'court order' they have failed to comply with. I think they are playing games with you re the mediation offer and unless the £2800 is acceptable, I would sit this out because you have the advantage of knowing they are prepared to settle at £2000. If they produce nothing more than previous you then have a choice, grind them back down to £2000 and get closure or let them advance to court with no proof. A
  6. I had a similar offer to pay a reduced amount or the whole amount in installments. We eventually agreed to a 75% reduction, zero interest and a fixed payment and period There is hope A
  7. Personally, I would ask them to forward a draft Tomlin Order, based on their original proposal for settlement, for you to consider. People on here can have a look and suggest adjustments and you can then send it back drafted as your proposal. It is as simple as that. A
  8. Its good they accept you want to go away and consider a counter offer. It suggests they are willing to move further. Just consider 'is drawing a line under this important?' If it is then really try to strike a deal but make it affordable to you so you are not setting yourself up to fail, and share that with them. If its not important to get closure, keep on with your case evidence and go for it. In the TO I would consider a clause that states 'this is a fixed amount over a fixed period with no review of the terms unless both parties agree in writing to such review'. That should give you certainty and stability. A
  9. Morning AT Appreciate you have your targets and outcome aims, which is good, however hoping the claimant discontinues is not something in your control and if the claimant does not discontinue, the decisions are in the judges hands. Mediation is a good way to narrow the gap between the parties and manage negotiations closure to your aims, than the uncertain judges decision. Andy can give you the very best ammunition to get the best possible result in court and his work may force a discontinuance, but keep an open mind on mediation and the risk/ reward on betting they discontinue. You can maintain control and settlement management through mediation which is not so flexible through a court case. A
  10. Morning All I may be wrong so correct me if you need to, I thought the defendant had 33 days to file the defence, including date of service i.e. service 3rd Oct, AoS by 21st Oct, defence submitted by 4th Nov? Again just trying to help so shoot me down if needed A
  11. The agreement that a CRA and the DCA or OC have, is that the reporter will check the data is accurate prior to submitting. It is not for the CRA to check its accuracy. That is the fact, like it or not. And people who are trying to help you on here do not need "which part of this don't you understand". A
  12. If they eventually produce the agreement its £4000 and a CCJ If they don't produce an agreement its £0 and no CCJ If you settle, its £2000 easy payment terms no CCJ You just need to make the decision now A
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