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poor-boy

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poor-boy last won the day on June 6 2015

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  1. Carsen80 My advice (I have just been through all this) keep the fight going, be polite and do NOT lose your temper no matter how they goad you or lie. Keep a record of all emails, responses and letters and even print off and keep the signed for part of Royal Mail website - everytime they receive your letter forward a PDF copy to them by email including the signed for JPEG.
  2. Right guys, 1st of all the claim has been settled out of court and the trader has refunded me in full including my expenses. There had been a battle to get there but I finally settled with their third offer as going to court would have cost them dearly due to the District Judge accepting an interest rate of £88.88 per day All I can say is I am very thank full to the support and information on this forum and without it I would have never achieved what I have, I have learnt a lot from this and although a novice at any kind of law the District Judge thanked me for the preparation of my documents and exhibits. The defendants did not send a bundle to the court as the only evidence they had to back themselves up was the invoice that they wrote 'sold as seen, customer aware of engine faults'. I will over time add my statements to the forum as they are a very interesting read. Thanks all
  3. The final straw. Statement of truth including all Exhibits of communication have been logged with the court. A hearing date has been set and I am just waiting for the defendants statement of truth and exhibits which should be here by 4pm today (I will not be holding my breath)
  4. Kalahati Do not stress and do not let the dealer take you for a crunchy ride. I had and still have issues with a trader I bought a car off for my wife, there were no faults listed in the advert but did state 'maintained to a high standard and can only be described as faultless'.. Wrong, the vehicle is full of faults but the dealer stated in an email in response to my letter 'the faults you state are fair wear and tear and to be expected, you were told of all faults before purchase and the vehicle is sold as seen as we do not test them or their functions'.. (how did they tell me about the faults that are wear and tear if they never tested the car?) As you may find they called my bluff and thought I was just all talk about taking them to court, they are now sweating and making alleged offers in writing (that's what they keep telling the court) but these letters never arrive. But I am writing my final statement and have taken the case for a hearing.. Do Not Back Down and this forum will help you loads and give you good honest advice. Good luck with it
  5. Today the mediation service has taken place. The vehicle retailer has stated that they will refund ONLY for the vehicle as long as I get the car to them and then they will send a company cheque within 14 days, this was declined as they are refusing to cover all other costs that have incurred. So the matter is now going to court and just waiting on the dates from the court etc.
  6. Update: As the retailer that vehicle was purchased from reads the comments on here, they may find it useful to know that I am not giving up and their own emails, invoice and the vehicle is evidence against their own defence (AJ and ALI hope you are both well and keeping my refund including all my additional costs/ interest nice and warm J ) Central Motor Company I have decided to mediate with the retailer first of all and let them present their defence and evidence. The paperwork has been posted back to the courts. HSBC HSBC complaints department have been in touch and after all the gibberish they have finally admitted that they have NOT used the Visa rules and regulations to decline my claim but it is based on an individual’s opinion as they cannot understand the “the claim” and has no knowledge about Visa. The constant repeat I get is “Sold as seen” and the vehicle matches “The description as advertised” and they state that the BHP is fair wear and tear even though it was advertised as 170BHP and the vehicle was manufactured as 140BHP. But then all of a sudden I was advised by Apurva the complaints investigator that they used: Reason Code 53 to decline the claim (please Google search the code and you will laugh) HSBC complaints manager Veren has also advised that staff are not trained to deal with these issues and it is far too simple to decline the claim and not respond to the customer if they ask for information or evidence. I have advised the Complaints manager that his response will be forwarded onto Stuart Gulliver and ask for his views regarding these training issues and providing false information to customers / consumers (email prepped to send). VISA EUROPE They have been updated with the lack of information from HSBC and they are appalled as the bank are not responding to them either. Visa have tried to contact the people whom have made the decisions within HSBC but they have to date not received a response but this has now been escalated within Visa Europe. Claims Court This is still ongoing and we are at early stages but will keep you updated.
  7. Yeah I have checked the log and I had called the Mrs to say that I had arrived to the garage.
  8. Right an update for all - The court papers were delivered to the Motor trader and they have filed a defence stating: The faults were all mentioned to me (even though their emails state there were no faults) I bought the car even though they stated faults to me prior to purchase (If £5600 of faults were mentioned then I doubt I would have bought the car for £5300 that is only worth around £5500). They alleged that I called a mechanic on my mobile whilst I was viewing the car (I cannot recall this as I had not called a mechanic). They alleged that I was aware and they ensured I was aware the Sat Nav system was jamming and not operable (Yes they did make me aware on 22nd Oct 2014 although the vehicle was bought on 18th Oct 2014). They have alleged the BHP was not written on the V5 or service history so it was only a guide in their advert and should be dismissed (I have found it on the V5 and service history that it states 103KW which is 140BHP) They also state the advert was generic and not specific to the vehicle sold to me (Did I mention that they have just admitted to not complying with the Consumer Regs 2008?) The defence was filed on 21st January 2015. The retailer called myself on 26th January 2015 advising the management will refund me for the vehicle but the onus is on me to return the vehicle (this offer was rejected as they must collect the vehicle) The retailer called myself today 28th January 2015 advising they will get the vehicle collected and then send me a cheque for the vehicles price paid, I have stated to the retailer that expenses would need covering inc court costs etc (total £558.32) and also I would prefer BACS payment or cash on collection but the retailer has advised this not acceptable to them. The court have asked if I would like to meditate with the retailer but as they have constantly lied, not responded and have provided fictional events I would prefer to just go straight to court. HSBC They have failed to respond to my letter asking for strict proof to their alleged wear and tear and I will writing to them again to escalate the matter. VISA EUROPE They are still trying to investigate and overdue on the response by 4 days so will chase them up too. Overall I could take the offer from the retailer and suffer the loss of £558.32 but this is a matter of principle now and I will no longer tolerate any losses due to the negligence of the retailer.
  9. Right all, Sorry I have been busy with other things but at the same time have still been chasing this up and questioning the bank. Attached is a letter from the bank stating they can not do anything as the car was "sold as seen" and I had the opportunity to test drive the car, the bank have also stated the make / model are correct and the independent report from the garage relates to "wear and tear" and not faults. See here - http://s1120.photobucket.com/user/poor-boy/media/HSBCLetter08012015.jpg.html I have decided to reply and put the bank to "strict proof" and to provide evidence of their alleged findings. (my letter is in blue writing) Dear Vina Patel I write in reference to the letter concerning my dealings with CENTRAL MOTOR COMPANY. I disagree with your decision and statement made advising “Under the visa rules and regulations” as your response is fictional with no evidence or facts provided to back up the statement. I am going to respond in stages and will be putting you to strict proof to provide evidence on the aforementioned regarding your assessment to my claim, the response from yourself seems to be based on opinion / fictional and not facts. Currently HSBC are attempting to violate my consumer rights under the Banking Code of practises (the practises are available internally to you) 1) You are put to strict proof to provide evidence of the visa rules and regulations particular to my claim that you have referred to. 2) You are put to strict proof to provide evidence of the terminology “Seen” as stated in your letter. 3) You are put to strict proof to provide evidence that the mentioned faults were not “laying” and were not covered up by CENTRAL MOTOR COMPANY. (Defective) 4) You are put to strict proof to provide evidence that the vehicle was advertised “true” and in accordance with its make/model/ variants and all defects were stated in the advert including the correct Brake Horse Power the vehicle was manufactured with. (The vehicle was manufactured as 140BHP and not the 170BHP Central Motor Company advertised as *Mis-advertised*) 5) You are put to strict proof to provide evidence that the independent report provided relates to “wear and tear issues” and not mandatory defects i.e there was no human intervention to remove internals of the DPF that is required by law. (The independent report states “faults” and not “general wear and tear”) (Defective) 6) You are put to strict proof to provide evidence of your mechanical qualifications and what tests you carried out to state the faults are alleged wear and tear. 7) You are put to strict proof to provide evidence that the retailer mentioned all wear and tear in the advert to comply with consumer protection from unfair trading regulations 2008. (Mis-advertised) 8) You are put to strict proof to provide evidence that seller had stated in the advert that satellite navigation is broken and not working. (Mis-advertised) 9) You are put to strict proof to provide evidence that you have looked at the copy of advert from the retailer that stated “Looks amazing and nothing that detracts the overall and excellent condition of this vehicle – A very smooth tight drive” but as you will find in the independent report the statement of the advert is far from the truth. (Mis-advertised) 10) You are put to strict proof to provide evidence that a short test drive of around ¾’s of a mile is sufficient to highlight all factual faults. 11) You are put to strict proof to provide evidence that after paying £5300.00 for a vehicle it is justifiable to spend £5648.31 to correct the defects or your alleged general wear and tear. I have requested a copy of the visa rules and regulations particular to my claim from HSBC but nothing has been made available to myself to date. I have provided you with an independent factual report from a garage whom carry out mechanical repairs on vehicles on a daily basis with over 25yrs experience within the trade and are regulated by VOSA. I look forward to receiving your full and accurate response within the next 7 days from the date of this letter. Regards XXXXXXXXXXX Please find attached - Copy of the advert from the seller Independent report from XXXXXXXXXXX (Garage Name Removed). Copy of V5 (log book) stating 103kilowats (140BHP) Copy of an extract from Wikipedia stating 103Kilowatts (140BHP) Copy of the service history book stating 103Kilowatts (140BHP) Charge back claim letter to be actioned within 14days from the date of this letter / request. I understand my response may sound aggressive or not professional but I just don't seem to find the logic behind sending them all the information they require and they then miss out all the important details. I still have Visa Europe looking into this also and have contacted the bank asking them to provide evidence of what they have done to determine their decision. I have issued court proceedings and the retailer has till the end of the month to reply due to the 14 day rule and then I can request judgement.
  10. Right.. The bank have written me a letter advising that the faults are due to age and general usage and the independent report relates to wear and tear issues that would be present in a used car from 2007. I am going to write back to them putting them under strict proof to provide evidence on their decision.
  11. I asked Manpower for a transfer to Wolverhampton as its only 15miles and not the 38miles to Solihull but they rejected the transfer.
  12. All the jobs are through Manpower agency - If you step out of the marked walk way once or anything simple then you are sacked.. Is it worth taking on a 200K mortgage then to be left homeless. I know it's negative to think like that but in the 2 months I was there I saw a lot and how you must put up with being treated.
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