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  1. Thanks, Just got off the phone to them (duly recorded). Car pulled from the auction and I'm back to writing to them and Hastings.
  2. Brilliant as Always! Thank you so much for your amazingly swift response. I was just drawing up a letter to the auction house. Kindest Regards,
  3. Greetings, Would appreciate a bit of urgent advice. I can add more detail a bit later if required, but the brief details are: My vehicle hit while legally parked and unattended. Third party and his insurer (Somerset Bridge) have accepted liability. So, a non-fault claim which I duly notified to my Insurer at the time of the incident. My insurer (Hastings Direct) have offered no option except to total loss the vehicle (Cat N). I have disputed their valuation and requested that they repair the vehicle up to its market value. They have:
  4. Success! ...but a loose end An Update: Heard nothing, so I made a formal complaint to Lloyds. They called me back in 24hrs and took all the details etc etc again and said that they would pass the info to the Cards Dispute Team. They then cheekily sent me a letter saying 'thanks for your feedback your complaint is now resolved and you don't need to do anything more.' Sadly, nothing had changed in terms of my S75 claim - still no contact from the Disputes Team. So, after another 14 days, I contacted the FOS and discussed it with them and got the usual spiel about giving t
  5. Thanks, I will look into the info your reference material. Initial thought though? That could be more complicated. If the 'performance of the obligation' is providing accommodation in Latvia, does that then follow that action has to be taken in Latvia? Maybe I should read more first. Thanks again.
  6. Status update for any interested parties Small claim action on hold pending outcome of Section 75 claim. Still battling away with Halifax/Lloyds Bank credit card disputes team. Opened a Section 75 claim by phone with them on the 25/06. and even now after 2 months, a few phone calls, emails and a formal complaint, I still don't have any written response (even acknowledging safe receipt of my claim) from the very section that is supposed to deal with it. The complaints manager has suggested that Section 75 claims are "very complicated", but I think the only complication comes from tr
  7. Thanks EssCee This relates to a claim against a motor trader as described here. No case is cast iron, but I think the balance of probability is in my favour. I have an independent engineers' report in CPR35 format confirming my claim that the vehicle was likely to be faulty at the time of sale and that they consider it to be the responsibility of the trader. I raised a Section 75 on this with the bank (Halifax/Lloyds)over two months ago now and they have not formally communicated with we yet. They have either ignored me, stalled with they are busy and S75 is a complicated thing t
  8. Hi folks and thanks for taking an interest. I have a consumer issue which I would like some opinions on please? Please forgive me if this is in the wrong place. On 18/07 I selected and booked accommodation for two nights via the Booking.com website for a place called Juras Mols in Bigauņciems Latvia. I was hoping for a few days away from consumer related hassle, ha ha, must have broken a mirror recently. The website clearly says on the accommodation page: 2nd Paragraph: “Guests can enjoy a sauna and a heated indoor pool. ….” 4th Paragraph: “Free Wi-Fi and free private parkin
  9. Sorry to answer my own thread as it were, but this may be useful to others who, after complaining about something, find that they have 'lost' out via phone charges. This is a prohibited business practice. Always check the number your calling and bypass the Service and Premium rate numbers where possible. The legislation is: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI:2013/3134) Section 41 Help-line charges over basic rate 41. (1) Where a trader operates a telephone line for the purpose of consumers contacting the trader
  10. Thanks, I know there are sometimes alternatives, but I'm interested in knowing/confirming that there is legislation so your second link is much more valuable. Companies sometimes 'hide' their Customer Services behind something else such that they make a revenue out of you calling to request your consumer rights. So they win even if/when they loose. Company give bad service, then profits from your complaint.... Doesn't seem quite fair. Probably why those who proposed that part of CRD or Consumer Contracts Regulations thought it was a good idea to make companies offer Customer Servi
  11. Greetings all! I could trawl around the net for the answer to this for a few hrs. However, as you guys are usually clued up on this stuff. I though somebody may like to offer some wisdom for the rest of us. It was my understanding that the the Consumer Rights Directive made using Premium rate numbers a no no for calling "Customer Services" and that these call's should be at no more than "local rate". I can't find the legislation though. Was this just a proposal, or a proper 'unfair business practice' and has anybody got the reference/Act etc. The reason I ask, is that I no
  12. Seeking some clarification from a legally knowledgeable or experienced person. In the case of breach of contract under the CRA one is entitled to bring an action via the small claims track. If the purchase qualifies; you are also entitled to claim against the Issuing Bank of the Credit Card under Section 75. So, assuming that one has launched down both routes, is it then 'first past the post' as it were? Say, for example, the Bank complies and pays out. I assume they would then claim or have title to the faulty goods. (Is that the case?). What would then be the s
  13. From experience I would suggest you keep a written log of every event in relation to this situation. Including absolutely all costs associated (You may need it later). Try only to communicate with the trader in writing. So there is a crystal clear trail of the dialogue. Try and keep a copy of the original car advert/details. If you paid for any part of the purchase with a credit card (£100 or more in most cases). Contact your issuing bank, as you may be entitled to a claim under Section 75. Check the CRA 2015, Section 20 (7 & 8 ) In particular. ( https://www.legislat
  14. Hi HB My main problem is listed here: https://www.consumeractiongroup.co.uk/forum/showthread.php?488610-Problem-Vehicle-(Brakes-Instrument-etc)-from-Botley-Car-Centre-Ltd-Southampton&p=5135547#post5135547 Because of not having a vehicle and a lot of impending costs. I hoped to take advantage of Europcar's offer. Unfortunately all I got was stress, a waste of my time and a phone bill. I resorted to a Taxi in the end due to the short notice. So, I want to know if this Internet booking with a confirmation email constitutes a contract and if I can reasonably claim compensation f
  15. Yes. This was a prepaid booking. It's probably computer generated, but cheekily they sent me an email to say, thank you for YOUR cancellation... I think the whole thing is shoddy from start to finish. It is my belief, but I'm not sure, hence my wanting to check here. That a contract did exist and was cancelled/terminated/breached by them? Thanks
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