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stroudsco

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About stroudsco

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  1. The most unbelievable thing now! The finance company is starting this investigation, the dealer is apparently waiting for the report on the car and will not offer a refund at this stage. I thought I would have a dig around to see if there is any information about the company, he has done this before... A few stories the same as my friends, but get this. The dealer has put the car up for sale again, not only on his website but also on facebook, twitter, etc., I have taken a screen shot with the time and date, the car was advertised midday yesterday. Surely this can't be allowed ?? Thanks
  2. I meant 8 'weeks'. The dealer offered yesterday to buy the car back for £1,500 less and settle the finance. I have drafted an email for him to send saying that this is unacceptable and that he has already requested to reject the car under CRA. Also drafted an email again to finance company asking them to help, they requested the list of faults last week, and they were sent immediately by email.
  3. Cheers, So there's nothing else that can be done now? Just wait for up to 8 eights and beyond with no car or his money. He's going to have a turn, if thats the case.
  4. I don't know, it was £500, and £9,500 was cash. I can check, but would you not link it all together? I thought it creates more hassle for him, I know he's getting quite stressed over everything which is why I'm helping, he's got a young daughter and struggling to get her around, and you can imagine his partner is not over the moon with the situation. Does he just have to wait to hear if they will accept his request, as I said Close have said it could be eight weeks +
  5. Thanks dx100UK He paid £9,500 cash, £500 card and the rest finance; I said it's better to the claim back or would you suggest he claims the £500 from the card and then just £9,500 from the dealer. Saw him today, had to give him a lift somewhere! He had mentioned having to buy oil for the car, turns out that the first thing the dealer told him to do was check the oil. Apparently, it wasn't even registering on the dip rod thing; it does seem strange the dealer would say that when my friend had thought it was a gearbox/clutch problem. Is he entitled to any costs while he is without a car and they dont tell him whats happening? will he have to wait 8 weeks? Thanks again
  6. Hi, Wondered if anyone has any ideas on what to do next? Yesterday, he sent another letter to both the finance company and the dealer asking if they accepted to cancel the agreement under his consumer rights - short term reject, stating that they have the report and he is without a car or his money. The finance company asked for the report even though the dealer has had it five days; he sent it. The dealer responded mentioning the faults could be due to driver error and that the car had done nearly 200 miles, the dealer has said they will be in contact when they know more. Today he had a letter by email from the finance company saying that it had been passed to their complaints department and will go through an investigation. Should it not be complete within eight weeks from the date of his original complaint then they will write to give him an update. He is without a car., without his £10,000 deposit, does he have to pay the finance until they decide what they are doing? I'm shocked, to be honest. I'm also thinking if it's not cancelled it will show on his credit report, therefore, hurting his chances of getting another car.
  7. Hi Dx100uk, Hope your well. He has chased the finance company by phone and email, they have said they will get back to him. I have made sure he copied the letters I wrote to close/complaints, close motor finance and the dealer. The dealer has come back quickly but seems to be stalling, I have clearly set up that he wants to cancel the agreement and have the deposit returned under the consumer rights act - right to reject. The dealer has said he wants an independent report before deciding what to do, again I said he has one. Here is a section from my last letter: - - - - - However, I am not sure you're clear about my request. I have the right under ‘The Consumer Rights Act 2015’ to reject the car within the first 30 days, I have included a website link at the bottom of this page which will give you the facts, I also have them here for your reference: Within 30 days - A short-term right to reject - The consumer has 30 days to reject a vehicle if it breaches the implied terms in any way. While the consumer can ask for the goods to be repaired or replaced the consumer is not obliged to give the retailer an opportunity to do so. This means that for comparatively minor problems with a vehicle (for example a breach of the implied terms that goods are of satisfactory quality or free from minor defects) the consumer can reject without providing the seller an opportunity to repair. The fact that I was asked not to drive the car by yourself on the first full day of ownership and have not driven it since. I even took the car to an independent Mercedes garage as requested and at my own cost, which then produced a 9-page fault report goes far beyond anything I should have had to do. You would have seen the car and the blue smoke from the exhaust when running, also the oil all over the rear bumper? I don’t have to mention the headlights and other problems; I have a right by law to possibly reject the car on minor defects, I presented you with a damning independent Mercedes report four days ago. - - - - - He replied with: - - - - - In reference to your letter I am completely aware of the sales of good act, The car has travel 320 + miles from when leaving the workshop for the MOT and Service taking into account 70+ miles for delivery and movements that leaves an approximate mileage of 250 miles travelled in the vehicle over the space of your ownership. This means that they could be due to drivers negligence that these issues have come up. Being that the vehicle is a high performance vehicle with over 700BHP we are not sure how the vehicle has been driven which is why I am waiting for a full report. - - - - - I asked how much mileage he did do, he thought max 100 miles on the first day (showing every his new toy) then he was asked not to drive it which he didn't. Looks like there is a problem with the engine, but also the electronics and lights... He is worried about the cooling off period and not hearing back from the finance company as well as not having a car! Thanks I mentioned the car collection costs as the dealer's previous email said this: I have had the car collected at no cost to yourself (which is above and beyond the call of duty) As the garage I had the car delivered too is an independent and nothing to do with Superbia they have vehicles booked in front of your car. The second I get a report from the garage I will be happy to discuss this with Close Brothers and yourself to come to some sort of closer. Obviously, the dealer is 'completely aware of the sales of good (s) act'. I thought it best not to upset the dealer by stating The Consumer Rights Act 2015 replaced the 'Sales of Goods Act 1979'.
  8. Hi All, A friend of mine is having a problem that I'm helping with. He purchased a secondhand Mercedes sports car for £26,000 from what he considered a reputable car dealer (not main dealer)it was delivered Thursday 13th July 2017. They are FCA regulated (Ref No 658267 ) and a representative of (MBI) Limited (Ref No 312143) He paid £10,000 deposit cash and the rest on finance with Close, the first day he noticed problems which were reported the second day, he thought there were gearbox problems and noticed the active intelligent lights were not working. He was asked not to drive the car and either get it brought back or taken to a local garage to see the problem, he managed to get it into a Mercedes specialist on the next day - there was a 9 page faults list including electronics, possible not Mercedes front lights and engine misfiring on some cylinders. He did not drive the car as advised and called dealer supplied the report and asked for a refund, the dealer said he would consider it, I helped him draft a letter Monday 17th saying under the consumer right act - right to return, he would like the car picked up, and a full refund based on the independent report and his right to return a faulty car. I listed the main faults, I also noted the cost he had incurred in taking the car to garage getting home then having to pick it up again, he also had to pay for engine oil and other expenses. I sent this to the finance company as well asking for acknowledgment, they haven't as of yet. So far the dealer has refused a refund and said they won't accept responsibly until they have an independent report done, I pointed out that they have had that for 3 days. it's nearly a week and they have the car, the report, his money and he doesn't have any transport. Thoughts?
  9. Thanks Ericsbrother, Didn't prattle on about a partial refund, that's the point of my post. - After six months had one sofa that started to fall apart - I asked for a £600 refund, if this was agreed I would take on responsibility for any future repairs on that sofa, the other sofa was ok at that point - They declined my offer, but DID send a £400 goodwill payment (I received £400) - Now both sofas are completely unusable I contacted them about the other sofa and tried to get resolution, was advised the £400 payment was a full and final settlement (not agreed by me) Which leads to my post title, does a partial refund remove any further rights to repair or replacement, based on the above notes. No point me stop asking questions and start writing if it's pointless. Thanks as always
  10. HI BankFodder, Thanks for your reply today, we brought 2 x 3 seater sofas both are now unusable, and require completely recovering which is not viable based on the original purchase price. I had contact with the retailer when two cushions on one sofa had started to come apart - I tried to negotiate a £600 settlement on that sofa offering to take on future repairs. They refused but as they they couldn't replace (our first request) and wouldn't repair they sent a £400 goodwill payment which we received. Since both sofas have completely fallen apart in just over 12 months, I have now requested the difference of £600 and asked them to collect, they then said the £400 waived all rights to replacement, refund or repairs.
  11. Hi, I brought 2 sofas from Furniture Village on 20th December 2015 for the total price of £1000, they were on offer after being ordered by another customer and rejected on delivery due to a colour difference. We paid by debit card on the day but didn’t take delivery until the 5th January 2016, at the time we had a complete house refurbishment so stored them until early March 2016, 5 years’ warranty was standard then, now 10 years. In July 2016, we noticed the stitching coming apart on 2 seat cushions and on the sofas fame (one sofa), we called Furniture Village and asked the procedure for repair’s. We were informed that even though they still stocked the model type, they no longer dealt with the manufacturer therefore couldn’t offer a repair or replacement, they did however offer a credit note to the value of the purchase price, they also offered a refund to the purchase price. I advised Furniture Village that we had the sofas coated for stain protection (cost approx. £200) and my wife had brought some ridiculously expensive cushions / accessories to match the sofas (£180) I had receipts for everything, therefore taking a refund would leave me out of pocket nearly £400. I was asked to email my thoughts and what options I would like to take over the next few days. I asked on the phone and in a following email if they had experienced any problems (advised, no problems), I requested a replacement, if that was not able to be done I requested a goodwill refund of £600 to allow me to get the 2 cushions repaired, I also noted that if the £600 was refunded I would take responsibility for future repairs to that sofa, I included pictures of the cushions. A few days later I received a call from their customer complaints manager who advised that she had spoken with the manager of the store and was unable to offer a refund of £600, they would offer a goodwill refund of £400 due to the fact they could not replace the sofas or repair them. We had 2 companies come to look at the sofas and with quotes more than double the original purchase price no repair had been done, roll on to February 2017 both sofas are ready for the skip. All 4 seat cushions have split / come unstitched, I don’t mean a little gap, two of them have come apart by at least a foot in length, you can’t turn them over as the stitching has come apart both top and bottom, the other breaks are between 3 – 7 inches. Also, the rear back cushions which aren’t attached to the frame and just lent on have also come apart (3 out of 4, so both sofas and again by 4 – 8 inch breaks on the seem). Also, the stitching on both frames have started to become undone, showing the frame. I phone Furniture Village in January and explained that this was unacceptable, you might be able to excuse one as a manufacturing problem but two? and with every cushion coming undone in a year, I requested they pick up the sofas and offer the refund, I would have to swallow the protection and extra accessories costs. I was asked to send in pictures, I sent them and waited a week, I called back and was advised the matter had been passed to complaints they would call me in 72 hours, I waited 2 weeks, again I called them…. here we are late April, I have been told that I agreed to a fall and final settlement of £400 (I didn’t), I advised I had the email with my offer to them, this was rejected and they advised that head office had agreed that they have no liability, I had effectively waived my warranty. I mentioned that the goodwill payment was for two cushions on one sofa, and now all cushions across both are faulty as well as the frame, the fault had been identified in the first 6 months, admittedly we are now over 12 months, 2 months of that was trying to get a reply! Furniture Village would not offer any further assistance and mentioned I could speak to the furniture ombudsman, I could find the details online. Thoughts?
  12. Happy New Year CAG! Just thought I would post an early 2017 update, had a letter from Lowell's asking for me to contact them urgently about the outstanding debt I'm obviously going to ignore it as we are now nearly 6 years from the court action in which they didn't act on my full defence and the matter was stayed. Hope everyone has a great 2017!
  13. Hi, Just an update, after a year of hassle, 8 months of warranty problems and 2 months trying to get a replacement.. .. on Friday a new iMac finally replaced my problamatic one, I wanted to run it a few days before posting anything, I can report with all the software now running on the new machine, I have had no problems at all. even though the new machine is the same spec - it runs three times quicker at least, we still didn't get to the actual problem of the old iMac, nearly everything was replaced under warranty in the end but still it crashed constantly. I can't say I'm happy as I have lost 100's of hours over the year but onwards and upwards. To anyone else having these problems in the first year of ownership: 1) If in the first 14 days, do not accept online support asking requesting a reinstall and test for a few days - JUST replace or get your money back. 2) After 14 days Apple will not do anything until they have the option to repair, which can mean leaving your machine with them for weeks to fault find. 3) Do not take your Mac to a Apple recommended repair centre until they agree to NOT TO CHARGE for fault finding (even under warranty), Apple stores won't charge. 4) When looking for a replacement, The Apple team will look to set up a claim, they will push you towards consumer credit act but it seems their own limited Apple warranty as linked above provides the consumer more rights, especially if not brought directly from an Apple Store. Whatever way you look at this, I have never had so much trouble trying to get a replacement for a product which clearly didn't work as it should and was within warranty, which also cost a small fortune. Thanks as always. Dave
  14. Hi BankFodder, I agree, I called and let them know - they asked for a few days. I said no, they asked if I was going to claim under the consumer rights act, but I think the Apple 1 year warranty on the link above would be the better option, I have extended apple care today for 2 years, but reckon thats different coverage to the Apple 1 year warranty on the link you found, my one year ends Monday 5th Dec, should I advise them by mail that this is the intended ongoing route, they have said the dates don't matter as this is still attached to the complaint which was started in November. Thanks for the link to the form finder, I will download and go through them to see what I need to fill out and do next. Finally, thanks again to the CAG team, I will as before send a thank you donation, do I need to make them aware today in writing based on the first year's warranty ending Monday 5th or are they correct in saying the case has been open with them since November? Dave
  15. Hi, Looking at the link ( http://www.apple.com/uk/legal/warranty/products/uk-ireland-universal-warranty.html ) - under 'WHAT IS COVERED BY THIS WARRANTY?' it does state 'In the event of any defect in materials and workmanship, you will be able to direct your claims to Apple even in situations where you purchased the Apple Product from a third party.' Also I noted the following under 'WHAT WILL APPLE DO IN THE EVENT OF A WARRANTY CLAIM?' the following 'A replacement part or product or a repaired Apple Product assumes the remaining warranty of the original Apple Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.' this implies an additional 90 days as the repair was only 2 weeks ago, however they would probably say it covers the parts not the machine. Either way it seems clear that the iMac should be covered.
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