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kaiser_solsay

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Everything posted by kaiser_solsay

  1. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  4. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  5. **Update** Spoke to the warranty company again....... When I picked the car originally from the dealership the parking sensors were not working. I dropped the car off that week to get sorted and I was told that Lexus would pay for the repairs. I now transpires that the cheeky b*stards have claimed for the repair work off the mechanical breakdown insurance they had mis-sold to me despite the fact that the fault was with the car before the policy was even in place!! Complete chancers!!! I have now received a scanned copy of the invoice submitted by Lexus Edinburgh to the warranty company, claiming for the rear parking sensor repair. The chancers have forged my signature on the claim form!!!! The warranty company say that Lexus Edinburgh first submitted the claim form on the 3rd Dec 08, however the claim was declined as the policy holders signature (mine) authorising the claim was missing. The form complete with forged signature was then resubmitted 2 weeks later!!! Unbelieveable!!! I have sent a copy of my passport to the warranty company to prove that the signature displayed on the submitted claim form is not vaild and they are now conducting a full investigation and have contacted the Eastern Western Group head office (group hq for the Lexus Edinburgh franchise) with full details of this matter and they are now conducting a full investigation as are Lexus UK, Lexus Finance & AXA UK whom supply the car warranty policy. This matter will go into the 5th week on Monday and the car is still sitting in the dealership car park awaiting repair! Argghhh!!
  6. I bought the car with 31k on the clock, and I have put roughly 20k on her since Sept last year. The car cost £20k. BMW will pay for all parts as good will but Lexus will not pay for any of the labour to fit them. The warranty they have signed me up for will only pay for the labour to fit the turbo and not everything else totally £650. The car has been with them now for 14 days and they still refuse to pay for the repairs. I have hand delivered a letter to them last week demanding the car is repaired and followed this up with a letter delivered via special delivery. I received a response saying that they still refused to pay for the repairs. I have now instructed my solicitor to contact them with a strong worded letter to see if this moves things on. Failing this I guess small claims court will be the only option. The main point here is that I was completely mis-lead and lied to when initially purchasing the car. I specifically asked for details about the Lexus dealership warranty and I was told that it covered all parts and labour for the first 12 months. The warranty was not meant to be "mechanical breakdown insurance" supplied by a 3rd party insurer!
  7. Yeah sorry, my last one was removed as I had included personal details on it.
  8. Hi, I bought my 2005 BMW 530d from Lexus Edinburgh last September and at the time specifically ask what kind of warranty it came with. Before I agreed to buy I wanted to be assured that it had a fully comprehensive warranty as I was paying nearly £20k. I was told that it came with a full Lexus dealership warranty which covered all pasrts and labour, the only things not covered were the usual wear and tear items. On this basis I agreed to purchase the vehicle. Put my car into the dealership 2 weeks ago to get it checked out as it was not running right. Turned out to be the turbo! The car was transfered to Lexus Edinburgh's sister dealership Eastern BMW. Eastern BMW say that the intercooler and particle filter also need to be replaced at the same time. BMW UK have offered to supply the parts free of charge however Lexus Edinburgh are now saying that my warranty is not infact a 'Lexus Main Dealers Warranty' but instead a lesser protected 'Mechanical Breakdown Insurance' Policy supplied by a 3rd party insurer!! They tell me that this policy will pay for the labour to fit the turbo....but not the intercooler and particle filter. The reason being that there is nothing wrong with my intercooler or particle filter therefore not liable for a warranty claim. BMW say that it is essential to replace both parts when changing the turbo! I have found a signed letter from the Lexus dealership principal which I received the same week I collected the car back in September 2008. The letter was thank me for the custom as well and to advise me that my car was covered by a 'Lexus Warranty'! At this time this confirmed my belief that I had a main dealers warranty at therefore did not challenge this point at the time. Last Saturday I drove to the Lexus dealership in my wifes car armed with this signed letter and demanded a meeting with the principal. What a complete c*ck of a man! He simply refused to take any responsibilty for my car and said that I needed to deal directly with the warranty company myself. I asked again for clarification on who this 3rd party warranty company was, and at what point I was going to be notified that they were covering my car. He said that this would have been fully explained to me at the time of purchase and that he was surprised that I was unaware of the 3rd party warranty company. I explained that I never received any written notification of their presence or indeed any policy pack detailing what is or is not covered. He told me that this would have been sent to me. I then produced the signed letter I recieved from him directly detailing that my car was covered by a 'Lexus Warranty'......that shut him up! He paused for a few seconds and then continued to decline any repsoniblity for my car. I handed him a letter instructed him that I require the car to be fixed and returned to me within 7 days or else I would officially reject the car. I pointed out to him that his dealership had clearly mis-sold my warranty product which in itself was a separate legal matter. I told him that I was not prepared to waste anymore time on this matter and stood up to leave his office, as I stood up I throw my letter into his lap. He replied by saying his solicitors would be in touch.....this was like a red rag to a bull for me!! I turned round to him and told him I was about to make a scene in his dealership showroom. I walked downstairs and in the middle of the busy showroon raised my voice for all to hear. I told all present to be extremely cautious when buying a vehicle with this dealership as the warranty you are sold at the time is not the warranty you end up with!! I have spoken to Lexus finance whom the car is financed through and make them aware of this situation and they are assessing the situation. I have also spoken to Lexus UK however as this is a independent franchaise they are powerless. I have met with my solicitor to instruct a fairly sharp letter to by served as this my make them think twice! I think that this is going to end up in small claims court personally!!
  9. Hiya, Click on the link on my post above and then once on the BBC Radio Scotland website, click the listen again box on the top right hand side. Then select the morning extra show link from the list of shows below.
  10. Hi Guys, Got my 5 minutes of fame this morning on BBC Radio Scotland!! Fantastic debate on 'Morning Extra with Gary Robertson' this morning. Check out the listen again service to hear the debate again at BBC - Radio Scotland We've got them on the run chaps....keep on the pressure!! Dominic
  11. Hi Guys, Got my 5 minutes of fame this morning on BBC Radio Scotland!! Fantastic debate on 'Morning Extra with Gary Robertson' this morning. Check out the listen again service to hear the debate again at BBC - Radio Scotland We've got them on the run chaps....keep on the pressure!! Dominic
  12. Hi Guys, Got my 5 minutes of fame this morning on BBC Radio Scotland!! Fantastic debate on 'Morning Extra with Gary Robertson' this morning. We've got them on the run chaps....keep on the pressure!! Dominic
  13. Hi there, Received a cheque tody for £1,563.00 instead of the full £2,220.00 I was claiming for. They stated in their lettle that the interest I have included is only vaild from the date that I served the summons onto the Clydesdale. I have drafted a letter and will be rejecting this offer and going for the full amount. 3rd hearing date is the 2nd March.
  14. Hi there, Received a cheque tody for £1,563.00 instead of the full £2,220.00 I was claiming for. They stated in their lettle that the interest I have included is only vaild from the date that I served the summons onto the Clydesdale. I have drafted a letter and will be rejecting this offer and going for the full amount. 3rd hearing date is the 2nd March.
  15. Hi, I recieved a cheque today from the CB offering me £1563 of £2220 claim. They state that the interest that I have applied is only vaild from the date that the summary cause was served on them. As per you...I plan to reject this offer and not cash the cheque. My 3rd court hearing at Perth Sheriff Court will be heard on the 2nd of March, however during my 2nd hearing the judge said that the CB had 2 weeks to come back and agree on a settlement. This 2 weeks no ends this coming Friday. Is the CB's point about the interest only being applied from when the summons has ben served valid?
  16. Hi mate, You need to complete form 1b and then return it back to your local sheriff clerks office. Once the clerk has processed, they will raise a hearing date and return the summons documents to you. You then need to contact your local Sheriff Officer (yell.com) in order for the summons to be served onto the defender (your bank). This costs around £14.50. Once the summons has been served, you have to contact the court on the 'return date' stated on your copy, in order to find out whether or not the bank intends to defend or not. Dont panic if they come back and saying they intend to defend. They simply employ a local solicitor to act on their behalf and the whole process really isnt as daunting as you might first think. I recently successfully received full payment from the Nationwide...it tool 2 hearings at Perth Sheriff Court....but we got there!! I actually had my second hearing with the Clydesdale bank last Friday there. Keep calm and stay focussed.....the judge reminded me that the claims court is set up to protect Joe Public who doesnt have any legal training....and that all judges will explain any detail to the purser (you) if not understood. It's very relaxed and you will get a feel for how it works after sitting in the court room as other cases are being heard. You may even have someone ahead of you appearing for the same kind of claim. I did....on both occassions! Good luck....let me know if you need any help. Cheers, Dominic
  17. Hi chaps, I attended my 2nd hearing at Perth Sheriff Court on Friday. The judge who was meant to be in session called in sick so we had a stand in sheriff instead....low and behold it was a judge whom used to practice in my home town as a solicitor and I he had acted on my behalf for a speeding offence back in 1999! Really nice man! My case was called and the judge was updated by the Clydesdales representative. Basically all that I needed to present the court with was my precise legal stand-point so that the court could assess my case. (I thought I had highlighted my exact legal arguement on my summons paperwork, but I did not clarify my position enough for the court). I printed off 'The Unfair Terms in Consumer Contracts Regulations 1999' as well as the official statement made by John Fingleton, OFT Chief Executive on the 5th April 2006. The judge accepted my legal arguement and gave the Clydesdale 14 days to come back to me with either their response or settlement. If I do not hear from the CB then the judge said that there would be a 3rd hearing on the 2nd March (4 weeks), when he would make his ruling. I fully expect a letter from the bank within the next few weeks, as I am sure they do not want to risk the judge ruling in my favour. I handed the banks rep. an updated breakdown for my charges, interest and expenses. As per my recent successful claim against the Nationwide, I not only included my court fees...but I also included the expense of the fuel to get from my home to the court house (charged @ 9p/mile). Also I added 2 x half days of my salary for the time i took off from work. My total claim is for £2,200.17. I will update you guys as and when I hear from the bank. Remember and bill them for your time if you got to take time off to go to court!!
  18. Hi Paul, Yeah off to court tomorrow morning. No offer has been received in advance. I phoned Clydesdales legal team to ask in advance if they wished to settle, but I was told that they did not have anything to advise me at this stage. Off to court I go!! I was asked by the judge to prepare my exact legal standing for tomorrow hearing, so I plan to present them with the 'Unfair Terms in Consumer Contracts Regulations 1999 act. I will let you know whats discussed tomorrow! Cheers
  19. Hi guys, Im in court tomorrow for my second hearing against the Clydesdale bank and just wanted to check my legal standing. My first hearing ended with the judge given 4 weeks for myself and the clydesdale to settle, and also for me to come back in response to the clydesdales defense (basically their terms and conditions state the fees that were applied). I just want to check my legal stand point. I am going to go back and argue that the excesive fees are in breach of the 1999 Consumer Credit Act (Unfair Terms in Consumer Contracts), and that they are not proportional to the actual fees that they have incurred. Can anyone else advise me of any other laws that I can quote? Thanks
  20. Hi, I will sit tight just now then and await their offer. I will let you guys know as and when. Cheers
  21. Hi Paul, I live in Crieff and have raised my claim at Perth Sheriff Court. To be honest I havent pulled anything together yet as I am confident that the Clydesdale will come back with an offer in a few weeks time. Although I will not settle for any less than full settlement. Standing up in court isnt actually as bad as you may think. The system is set up to protect those raising actions who have little or no legal knowledge. The judge (both times) was ok, and I got the distinct inpression from his rye smiles that he know exactly where I was coming from but could not express his personal opinion. Remember and have your legal standing prepared though as this is what has caught me out this time. I wasnt asked during my Nationwide claim, but was this time and was gutted that I had forgetton the exact common/statue law to quote. Give me a shout before your hearing mate if you need any help. Good luck!!
  22. Hi, I attended my Summary Cause Summons initial hearing today against CB (claim = £1,967). As per your original posts, their defence arguement lies with thier T&C's. They are basically saying that I have broken the agreed contract laid out in their T&C's. The Sheriff postponed the full hearing until the 2nd of Feb and has asked for me to state my exact legal arguement for raising this action against CB. I am hoping that CB contact me in advance to settle out of court, but we will wait and see. I will gather as much legal jargon as poss from this forum. Can anyone help?? I recently successfully recovered £1,256 from the Nationwide via Summary Cause and they settled before the full hearing in full. Cheers
  23. Hi guys, I just won against the Nationwide and I am about to start a claim against CB for £1,900. I live in scotland and my branch is in Scotland....do you know if I can use the English Money Claim system?? It took 6 months to get my cash back via theScottish Sheriff Court System.
  24. Hey Robertxt, Just read through this thread. As you are aware I just won £1,669 back from the Nationwide....but the Clydesdale seem to be a little more focussed with their defence in comparison. I shall read your progession with interest and will draw as much from it a possible for my own case. I posted my second letter to them yesterday requesting full payment of the £1,900 in fees applied to my account over the past 6 years....and I fully expect a '****-off' letter back. I look forward to your developments. Thanks again
  25. Hi guys, With only days away from my 3rd court appearence, I have received full and final payment of all oustanding fees!! I received a cheque from Mr. Bacon on the 2nd of October however this did not include my court fees. I wrote to Mr. Bacon via email and broke down my expenses to him and told him that if I did not receive a full refund of them then I would recover them during the 3rd hearing at Perth Sheriff Court. I billed them: £39.00 for the Summary Cause Summons £14.50 for the Sheriff Officer fees (to service the Summons onto the Nationwide £6.48 for fuel to attend the court (based on 9p/mile) and finally £84.93 for 2 x 1/2 days of unpaid leave!! I received a cheque yesterday for the £144!! Fan-dabby-dosey!! I'm so chuffed!! I have already posted my letter to the Clydesdale bank who owe my £1,900. Thanks for all your help and support over the past months guys! Anyone reading this who is still awiating a pay-out, hang on in there....my pay-out took nearly 6 months using the Scottish sheriff court system...but I got there in the end. The sheriff court is set up to protect people like us with very little if no legal knowledge. I found the sheriff and staff at the court to be very helpful and full of great advice. Standing up and defending yourself isn't as nearly as bad as you may think. You just need to stick to your guns!! To be continued......Clydesdale bank bring it on!!
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