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Ebot

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  1. Hi All advice please, 02 Sent me a bill for £1350 saying it was for early termination of a three year contract. I have asked for a copy of any signed contract with O2/WINWIN and I will pay the bill. They cannot send me a contract-where do I go from here ? As I guess Default/debt collector threats will come next !
  2. You have to be very careful to avoid exit fees ! Which in my case were about 2k, I waited until they hadn’t paid me then took action. I believe they’re in”Material Breach of Contract “ but as they’ve now paid the back money to me they’ve effectively “remedied” the Breach. I’ve given them a written “Written Cancellation Notice”. Which has to be very accurately worded and I still think they will hit me with an exit Fee !! However (sorry to drone on ) they screwed up the signing of the contract and yesterday an outfit called Gtech rang me and said exactly that “you have no contract “. So rang O2 again!! Asked for a PAC code to port my number to another provider, just about begged me to hold off for a few days to see if they can do a direct deal with me ! Watch this space, My cancellation letter is effective 31 Jan. I’m not scared just very cautious “Lose The Fear”
  3. This 3rd party mobile provider contacted me (Unsolicited) around Feb 2017 telling me that my small business contract with o2 was coming to an end. As an O2 "Partner" they had all my information and could provide me with a great deal. I stupidly signed a 3year contract with a "Deal Incentive" whereby they would pay a sum to me to reduce my line rental to £25 a month, I got 1 payment in April then nothing until in Jan 2018 I sent them a letter of contract cancellation due to "Material Breach of Contract". My bill rose from £35 to £92 for 3gb of data and no phone !! Despite several letters and calls to o2 to cancel this contract I am still waiting. Beware of this company please, I will keep you updated !!
  4. The garage has employed a solicitor who is now seeking to dismiss the 2nd defendant through "the claim against the2nd defendant must fail for want of cause of action". This is a director of the company who has dealt with my complaint personally through a number of phone calls. Should I get legal advice or just continue with my defence ?
  5. Hi the defendant in my case has filed acknowledgement of service,thereby delaying things for a month ! Can I file a Summary Judgement, he's just using delaying tactics, this is over 6 weeks already. I've had the car repaired at my cost and service took place on the 20th March with Acknowledgement on the 28th. Thank you.
  6. Hi Ben I'm in exactly your situation I've done the LBA, they sent a bozo round to look at the car -a diesel mini- On the net they call it the death rattle and it is awell know fault. This supposed engineer rang me back and told me to put an engine additive in and drive it for a week!! I had already taken it to a local garage who advised me not to drive in case the chain went then the engine would be kaput. Rang them back to give me writtem permission to drive it at their risk. The director of this shambles said I dont do writing and put the phone down. Submitted my claim 3 days ago through MCOL. Had the car repaired at my cost with a Mini Specialist and claiming that amount through Small Claims. So your case is still ongoing then ???? Good Luck Mate, Tony.
  7. Hi Bank Fodder-an update: following my "Letter Before Action" 27/2/17. I got a call 7pm 1/3/17 from the garage director very aggressive.Said he woulld do a "trade" repair and he would pay the VAT I tried to explain its "1 repair" and could he put it in writing pls "I dont do writing" and Ive been to Trading Stds and your 3 month warranty has expired. Would you consider mediation through a local solicitor then? " I dont do mediation". So can I ask you one more time please are you ptepared to repair the car at your cost ? "No I'm not" Ok lets leave it there.End of call. My letter said "I invite you to come and inspect the car within 7 days from the date of this letter-the 6th March-after which I will put the car in for repair at my expense.I enclose 2 quotations from BMW/MINI specialists. Additionally, following the 6/3/17 I offer you 7 days to agree-in writing to -to reimburse me and/or my expenses. I hope that this issue can still be resolved without recourse to legal action,would you agree to use the ADR system (Alternative Dispute Resolution) ? Should you fail to respond to the above then I will start legal proceedings against you immediately following the expiry of the 14 day period-14/3/17. He's just rung me, won't put anything in writing, but saying he will get it picked up do a "trade" repair and pay the VAT. I want it repaired its booked for the 14th with a specialist, he then said I can take it back and do a trade in for something else !! I can't go open ended without an idea on price, any advice please. I'm of a mind to continue with the repair at my cost and proceed to small cliams ! Sorry it's so long winded !
  8. Hi Bank Fodder- update: no response from garage following my first letter, 2nd letter going registered tomorrow requesting car inspection within 7 days. following that 7 days a further 7 to agree in writing to reimburse me. I have stated: "I will start legal proceedings against you immediately following the expiry of the 14 day period (14/3/17)" which I will. Have studied Small Claims and claim ready to go. One question should I send detailed particulars to the defendant ? Or keep my powder dry. Many thanks.
  9. Not at all I put it in my second thread I think ? Anyway Cross Keys Garage, Norton Fitzwarren. Mr D Jones Director - http://www.crosskeys-garage.co.uk/ Thank you
  10. Many thanks Bank Fodder. Got one qoute,will get another, ,both independent BMW/MINI specialists. Intend to send 2nd letter next week as you suggest with quotes.Have read small claims should I head it "Pre Court Action" as I do certainly intend to go all the way unless of course they settle.Reading seems to indicate that within 6 months Motor Vehicles are an exception in that a customer should go some way to contributing-which I am willing to do, any further advice appreciated
  11. update, following my letter to the garage asserting my rights under the "6 Month" rule they have ignored me so far and have not followed up on their offer to pick the car up and look at it. The issue is with the "timing chain tensioner" which has failed and causes the timing chain to rattle eventually breaking causing engine failure. Currently I have a quote for repair of £900. Next week I intend to write again outling my rights and giving them a 7 day period to respond to respond failing which-and without notice- I will commence legal action for recovery of the repair costs. Is it wise to get it repaired at my cost and chase them through the Small Claims fo the money ?
  12. Hi oddjob for the timing belt to get to the "Death Rattle" would take 150000 km I believe I've done 6000 miles since I bought it so if the dealer had checked the chain prior to sale significant wear would be seen ! Avery good way to understand the progression of damage -foto you tube and search mini timing belt and watch the videos it's very scary If the 'death rattle' described was not there at the point of sale - and presumably iCloud t wasn't as you wouldn't have bought the car if it had berely a fault that has developed over time? I can understand an 'existing fault' scenario where something was wrong when you picked the car up, but not this. I don't think its as clear cut as others seem to think, however, i do hope they get it sorted for you FOC.
  13. thank you for such a swift reply ! its my letter where I say to them "repair at your cost" Its the Cross Keys Garage TAUNTON SOMERSET ! I will keep you posted and thsnks for the advice
  14. Briefly: Mini Cooper Clubman D bought from dealership for £7800 24/8/16 73000 miles 5 months later "Death Rattle" on timimng chain car parked up . Phoned dealer, not our problem, but will repair and let you off with the VAT ! Estimated cost £1500-2500 Letter sent (to be signed for) 17/2/17 stating im within the 6 month period under The Consumer Rights ACT 2015 FOR RETURN OR REPAIR. Giving them 7 days to reply. They are now offering to pick the car up and have it checked for the chain ! My letter clearly states "at your cost" Do I let them take it please ?? I paid with debit card and have drafted a letter of "Chargeback " from Lloyds Bank should this be for the repair only or the amount I paid with the card £7100 ? I am also looking at the ADR SCHEME to try mediation before court is that a good idea ? Many thanks PS; Does anyone know anything about the RESOLVA SCHEME ? I think its a motor trade voluntary thing
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