spinningfish
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Posts posted by spinningfish
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Morning all
Back in June 2020, I dropped my (extremely rare!) classic car seats to a specialist retrimmer in Baldock called A&R Pound. They are very highly regarded and have been there forever - I remember my dad using them, when he was a mechanic, back in the 80s.
The place is very old school and very heavily over subscribed with work - the place was literally floor to ceiling with various car seats and material. A quick look on Google will show you that there is no website, mobile numbers or emails.
The car required restoration, so there was no hurry on my part, so I dropped the interior and reproduced fabric off, they put my details in their diary, quoted me the price and I was on my way.
I called periodically, out of interest, to see how they were getting on and the seats were never started, but like I said, there was no hurry.
The restoration of the car has moved on to the point that I could do with the interior before Spring 2024, so two days ago I gave them a call to ask whether they could finished around the end of January.
No one answered the landline initially, but then a mobile number called me back. I explained to the man (who wasn't the owner, Fred) that I had some seats there and was wondering whether they could be done by the end of January. He abruptly replied, "impossible". I thought they're probably a bit snowed under still, so I asked when he thought they might be able to get them done and the reply was, "Never. The unit burned down five months ago." I was completely dumbstruck and didn't really know what to say. All he could say was "Sorry about that." and he put the phone down.
Link to News Report: Major Fire at Baldock Industrial EstateI completely sympathise with their situation. I can't imagine losing such a long-established business in such a devastating way, but I am now without a very rare and hard to replace interior, not to mention the reproduction fabric that was only made on a very limited run and can't be bought anymore.
I have had a conversation with a couple of the members of the owners club and buying a bare bones interior, in poor condition, if I can even find one, will at least cost me £1,500. I don't even know whether I'm going to be able to request a run of the reproduction fabric and what the minimum cost of that will be.
The biggest problem I have is that because the business was so old school, I don't have any evidence that I ever left the interior there. My details were in the diary in the workshop, which I can only assume went up in flames, which is why no one has contacted me within the last five month since the fire.
All I have to show that I ever owned the interior, is the Facebook conversation with the person I bought it from. I also have a Google Maps timeline to show that I went to A&R Pound on that date to drop it off. The owner Fred always remembered my interior when I called, but I have no way of contacting him and the person I spoke to was very dismissive.
Apart from the very obvious lessons learned here, is there anything I can do to be financially recompensed to replace what has been lost?
Many thanks in advance!! -
Wahoooooo!!! Thanks to you and CAG! A donation most definitely coming your way!
Now, how do we go about getting this nonsense removed from Mrs Fish's credit file?
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So...
After sending a rushed, but comprehensive, Witness Statement at the Nth hour, which highlighted the fact that their alleged agreement has a completely different reference number, today I have received the following:
"We write further to the above matter and confirm that we act for the Claimant.
Please find attached the Claimant’s Notice of Discontinuance confirming that the Claimant no longer wishes to proceed with the Claim and would therefore be grateful for the above listed hearing to be vacated.
We confirm that the Defendant has been copied into this email and therefore has been served with the same.
Yours faithfully
XXXXXXX XXXX
Senior Complex Litigation Paralegal
Lowell Solicitors Limited
T:
+44 113 335 3334"
With the following document attached:What happens now?
Many thanks as always!
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Thank you!
Just working through the witness statement and have noticed that the Vanquis Account Number on the document entitled "Digital Signature Application Details" (which I think is their version of an Agreement) and the Account Number in both their Witness Statement and on the Default Notice are completely different.
Is that important for their claim?Also, the amount on the default notice is around £100 different to the amount they are claiming before costs and interest are added.
Could I PM you a couple of screengrabs please , DX, to show you what I mean? Obv no worries if that isn't forum policy -
Must have just hit preview. No haven’t done a WS. Will scan the court letter now.
Nightmare.
Notice of Allocation to Small Claims Track
On 25 October 2021 before Deputy District Judge Kumar sitting at the Hertford county Court, Shire Hall,
Fore Street, Hertford, SG14 IBY considered the statements of case and directions questionnaires filed and
allocated the claim to the small claims track.Warning you must comply with the terms imposed upon you by this order: otherwise your case is liable to be
struck out or some other sanction imposed. If you cannot comply you are expected to make formal application
to the court before any deadline imposed upon you expires.
1). This Claim is allocated to the Small Claims Track and the parties are referred to Part 27 of the Civil Procedure
Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted.
2) The claim will be heard at the Hertford Magistrates Court, remotely on 27 January 2022 at 10:00, with a time
estimate of 90 minutes. The Court reserves the right to change the place and/or time of the hearing.
Unless the Claimant does by 4pm on the 25 December 2021 pay to the court the Trial fee of £346.00 or file a
properly completed application (i.e. one of which provides all the required information in the manner requested)
for help with fees, then the claim will be struck out with the effect from 25 December 2021 without further order
and, unless the Court orders otherwise, you will also be liable for the cost which the Defendant has incurred.
The trial fee is fee 2.1 in the current Civil Fees Order.
If your claim has been struck out, it will no longer exist. The hearing will be vacated, unless a counterclaim
survives the claim being struck out.
If, following strike out of the claim the claimant or defendant wishes to start fresh proceedings a new claim must
be filed together with the appropriate fee or application for help with fees. An application to reinstate the claim
can also be made together with the appropriate fee or application for help with fees.
Information and leaflets explaining more about how to pay a court fee or how to apply for a help with fees are
available from the court office or online at: https://www.gov.uk/court-fees-what-they-are.
The trial fee is non-refundable. If parties settle before the trial fee is due, the trial fee will not be payable. If a
consent order settling the matter is requested after the trial fee has been paid, the consent order fee will still be
payable.Please note, unless you apply for help with fees, there will he no further correspondence from the court off
ice
regarding payment of the fee or warnings as to the consequences of non-payment.
3) From the available papers, it is estimated that the hearing will take 90 minutes. If a party is aware of a reason
why this estimate might be substantially inaccurate, that party must notify the court immediately.
4) The parties are encouraged always to try to settle the case by negotiation. The parties are encouraged to contact
each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately
if the case is settled.
5) The following paragraphs set out the Judge's directions for preparation for the hearing. Failure to comply with
the directions may result in the case having to be adjourned and the party at fault having to pay costs.
The following Directions apply to this Claim:
6) Each party must deliver to the other party and to the court office copies of all documents on which that party
intends to rely at the hearing no later than fourteen days before the hearing.
7) The original documents must be brought to the hearing.
The Judge may refuse to consider a document or take it into account if a copy of it has not been sent to the
other party as required by this Order.
9) The documents to be sent to the other party and the court must include the statements of all witnesses (including
the parties themselves).
10) Witness statements must:
a) Start with the name of the case and the claim number;
b) State the full name and address of the witness;
c) Set out the witness's evidence clearly in numbered paragraphs on numbered pages;
d) End with this paragraph: 'I believe that the facts stated in this witness statement are true.' (or words to that
effect); and be signed by the witness and dated.
11 If a witness is unable to read the statement in the form produced to the court, the statement must include a
certificate that it has been read or interpreted to the witness by a suitably qualified person. If a witness who has
made a statement is to give evidence or be cross-examined and is unable to do so in spoken English (or Welsh
if the hearing is in Wales), the party relying on that witness must ensure that a suitable independent interpreter
is available.
12) The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not
been prepared and copied to the other party and the court in accordance with the paragraphs above.
13) Neither party may rely at the hearing on any report from an expert unless permission has been granted by
the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this
Order and seek permission, giving an explanation why the assistance of an expert is necessary.
14) Because this Order has been made without a hearing, the parties have the right to apply to have the order
set aside, varied or stayed. A party making such an application must send or deliver the application to the court
(together with any appropriate fee or an application for help with fees) to arrive within seven days of service of
this Order.
Please ensure that any documents for hearing are sent to the owning court at least 3 clear working days prior to the
hearing date so that they can be placed onto the court file. Court staff will make every effort to ensure documents
received after this are on file for the hearing, however this cannot be guaranteed.General Form of Judgement or Order
Before Deputy District Judge Dumar sitting at the County Court at Hertford, Shire Hall, Fore Street, Hertford,
Hertfordshire, SG14 IBY
The Court determining that in the exceptional circumstances of the current national public health emergency this
case is suitable for hearing remotely ('remote hearing'), of its own motion:
THE COURT ORDERS THAT
Hearing
1. The hearing on 27 Jan 2022 at 10:00 and shall take place by way of remote hearing pursuant to Civil Procedure
Rule 3.1(2) (d).
2. All subsequent hearings shall be conducted remotely unless the Court orders otherwise.
3. The parties and their representatives shall attend the remote hearing by Microsoft Teams. The representatives
are to confirm with the parties and witnesses that they have access to Microsoft Teams and to confirm to the court
immediately if they state that the parties or witnesses are unable to access Microsoft Teams.
4. No party is required to physically attend the Court building.
5. If any party fails to attend the remote hearing, the Court may proceed to make orders in the absence of that party.
6. The remote hearing will be recorded by the Court.
WARNING: No party is permitted to record the remote hearing unless the Court has given its express prior
permission. IT IS A CONTEMPT OF COURT PUNISHABLE BY IMPRISONMENT TO RECORD OR
PUBLISH RECORDINGS OF COURT PROCEEDINGS.
No unauthorised person may be present at the remote hearing. When asked, each party and legal representative
must be able to confirm that no unauthorised person is in attendance or able to listen to the hearing.
7. The Court having determined that the remote hearing shall be hosted and initiated by the Court, it is the Court
that will provide each participant to the hearing details of how to connect to the hearing at the time of the remote
hearing. Each party and legal representative must be available and have made arrangements prior to the hearing
to ensure that they and the parties and witnesses have the available technology to participate in the hearing.
By no later than 2 days before the remote hearing, the Applicant/Claimant and the Respondent/Defendant shall
each contact the Court office by email to provide the telephone number and email address at which they can be
contacted by the Court at the date and time arranged for the remote hearing for the purpose of the court facilitating
the hearing. The details must be supplied to the court not less than 7 days before the remote hearing and sent to:
[email protected]
The subject line must only state the case number (on the head of this order) and VIDEO HEARING DETAILS.
Failure to comply with this may result in you not being contacted for the hearing Delivering Documents8. The Claimant shall no later than 7 days before the hearing deliver to the Court and to each party bundle in
electronic PDF format and hard copy by post/DX, which must include:
(a) a case summary and chronology;
(b) the parties' position statements;
(c) the previous orders that are relevant to the remote hearing;
(d) the application relevant to the remote hearing;
(d) all essential documents that the court requires to determine the issues that fall for determination at the remote
hearing;
(e) a draft order (also filed in Microsoft Word) to include any draft directions to trial
(f) the Claim Form
(g) Any defence and counterclaim if filed
9. Documents delivered to the Court electronically shall be delivered to the following address, recording the case
number in the subject heading of the email;
[email protected]
10. No document other than a document specified in an Order or filed in accordance with the Rules of any Practice
Direction shall be delivered to the Court without the Court's permission.
Variation of Orders
11. This Order having been made without the parties attending, any party may apply no later than 7 days after the
date of service of this Order to set aside or vary the terms of the Order.Thanks DX.
Appreciate your help!
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Hello All
There seems to be a post missing whereby we received a court date back in November. I'm not sure what happened.
We have a virtual court date set for 27th January 2022 and we have now received Lowell's witness statement which I have uploaded here.
My excessive redacting is on the copy of old credit card statements. -
On 08/07/2021 at 21:55, spinningfish said:
Here is our latest update...
We received a "General Form of Judgement or Order" in the post date June 22nd 2021. It says the following:Before Deputy District Judge XXXXXX sitting at the County Court at XXXXX.
IT IS ORDERED THAT
1. The Claimant shall by 12 July 2021 file a copy of the sealed deed of assignment, redacted as necessary for reasons of commercial sensitivity only, in default of which the Claim stands struck out.
2. This order was made without a hearing. Any party affected by it may apply within 7 days of receiving it for it to be set aside, varied or stayed.
On 5th July 2021, Lowell copied us into an email they sent to court, which said:
Dear Sirs,
We refer to the above matter and the Order of Deputy District Judge XXXXXXX dated 22 June 2021.Please find attached a copy of the Claimant’s Witness Statement in response. The Defendant is copied into this email.
Please may this be attached to the Court file.
Thank you for your kind attention.
Yours faithfully,
Lowell Solicitors Limited
The following document was attached to the email. Lowell's redactions are in black, ours are in blue.
I look forward to hearing your thoughts.
Many thanks, as always!
FishMorning All
Do we think that Lowell have provided the information, in its entirety, as requested by the Judge?
Many thanks in advance!
Fish -
On 09/07/2021 at 00:50, dx100uk said:
Huge Apologies! Completely missed Andy's post. Sorry Andy!
Name of the Claimant ? Lowell Portfolio I Ltd
Date of issue. 13th Jan 2021
33 Days=14th February 2021
What is the claim for – the reason they have issued the claim? ) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXXXXXXXXXXXXX ('the Agreement').
2) The Defendant failed to maintain the required payments and arrears began to accrue.
3) The Agreement was later assigned to the Claimant on 23/09/2019 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £3,800.00 remains due and outstanding.
And the Claimant claims
a) The said sum of £3,800.00
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.826, but limited to one year, being £300.00
c) Costs
What is the total value of the claim? £4,350
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Mrs Fish doesn’t recall anything
Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card
When did you enter into the original agreement before or after April 2007 ? Mrs Fish doesn’t recall, but the documents suggest after
Do you recall how you entered into the agreement...On line /In branch/By post ? Mrs Fish doesn’t recall
Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser
Were you aware the account had been assigned – did you receive a Notice of Assignment? Mrs Fish says no.
Did you receive a Default Notice from the original creditor? No
Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No
Why did you cease payments? Mrs Fish doesn’t recall
What was the date of your last payment? Mrs Fish doesn’t recall
Was there a dispute with the original creditor that remains unresolved? Mrs Fish doesn’t recall
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Mrs Fish doesn’t recall
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Here is our latest update...
We received a "General Form of Judgement or Order" in the post date June 22nd 2021. It says the following:Before Deputy District Judge XXXXXX sitting at the County Court at XXXXX.
IT IS ORDERED THAT
1. The Claimant shall by 12 July 2021 file a copy of the sealed deed of assignment, redacted as necessary for reasons of commercial sensitivity only, in default of which the Claim stands struck out.
2. This order was made without a hearing. Any party affected by it may apply within 7 days of receiving it for it to be set aside, varied or stayed.
On 5th July 2021, Lowell copied us into an email they sent to court, which said:
Dear Sirs,
We refer to the above matter and the Order of Deputy District Judge XXXXXXX dated 22 June 2021.Please find attached a copy of the Claimant’s Witness Statement in response. The Defendant is copied into this email.
Please may this be attached to the Court file.
Thank you for your kind attention.
Yours faithfully,
Lowell Solicitors Limited
The following document was attached to the email. Lowell's redactions are in black, ours are in blue.
I look forward to hearing your thoughts.
Many thanks, as always!
Fish -
Is it safe to assume that Lowell have done their homework this time???
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Hello all.
A claim was issued against my wife by Lowell Portfolio, at the County Court Business Centre, back on January 13th 2021. Here are the particulars of claim:·,
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXXXXXXXXXXXXX ('the Agreement').
2) The Defendant failed to maintain the required payments and arrears began to accrue.
3) The Agreement was later assigned to the Claimant on 23/09/2019 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £3,767.11 remains due and outstanding.
And the Claimant claims
a) The said sum of £3,767.11
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.826, but limited to one year, being £301.37
c) Costs
Mrs Fish doesn't recall getting anything from either Lowell or Vanquis with regards to PAPLOC.
On January 15th 2021, both CCA and CPR 31.14 were sent.On February 9th 2021, my wife issued the following defence:
The Defendant contends that the Particulars of Claim are vague and
generic in nature. The Defendant accordingly sets out its case
below and relies on CPR r 16.5 (3) in relation to any particular
allegation to which a specific response has not been made.
1. The Claimant has not fully complied with Paragraph 3 of the
PAPDC (Pre-Action Protocol) and failed to serve a letter of claim,
pre-claim, pursuant to PAPDC changes of the 1st October 2017. It
is respectfully requested that the court take this into
consideration pursuant to 7.1 PAPDC.
2. Paragraph 1 is accepted in as much as I have in the past had
financial dealings with Vanquis, however I do not recall the
details of the alleged agreement and have sought clarity from the
claimant by way of a CPR 31.14 request and a CCA 1974 s.78
request. I am unaware of what account or contract the claimant
refers to.
3. Paragraph 2 of the claim is noted, although I am unaware of any
Notice of Sums in Arrears or actual Default Notice being served
pursuant to s.87(1) of the CCA 1974 by the original creditor.
Therefore the assignee claimant is put to strict proof to evidence
the same.
4. Paragraph 3 of the claim is wholly denied. I am unaware of any
legal Assignment or Notice of Assignment allegedly served in
September 2019.
5. The Defendant submitted a request for documents pursuant to CPR
31.14. on 15th January 2021. The Claimant acknowledged receipt of
the request, but has failed to comply.
6. The Defendant submitted a request for a copy of the alleged
Agreement pursuant to s.78 CCA 1974 on 15th January 2021. The
Claimant has acknowledged receipt of the request, but has failed
to comply.
7. It is therefore denied with regards to the Defendant owing any
monies to the Claimant. The Claimant has failed to provide any
evidence of assignment/balance/breach requested by CPR 31.14,
therefore the Claimant is required to put to strict proof to:
(a) show how the Defendant has entered into an agreement with
Vanquis; and
(b) show and evidence the nature of breach and service of a
Default Notice pursuant to s.87 (1) CCA 1974,
(c) show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under
statute or equity to issue a claim;
8. As per Civil Procedure Rule 16.5(4), it is expected that the
Claimant prove the allegation that the money is owed.
9. In the alternative, if the Claimant is an assignee of a debt,
it is denied that the Claimant has the right to lay a claim due to
contraventions of Section 136 of the Law of Property Act and
Section 82A of the Consumer Credit Act 1974.
10. By reasons of the facts and matters set out above, it is
denied that the Claimant is entitled to the relief claimed or any
relief.Since that time, we have received nothing of any worth from Lowell until we received the following email today:
Dear Mrs Fish
Claimant: Lowell Portfolio I Ltd
Defendant: Mrs Fish
Lowell Reference: .....
Claim Number: XXXXXXX
We refer to the above matter and our previous letter dated 16 February 2021, a further reconstituted copy of which is attached for your benefit.
Our client is now in receipt of documents from Vanquis Bank Limited (‘’Vanquis’’). Please find enclosed within the following documents which have been provided to our client by Vanquis:
- A copy of the online application details;
- The Credit Agreement inclusive of the terms and conditions associated with the account;
- a copy of the Default Notice sent to your current address dated 21 November 2017; and
- an itemised statement of account which details how the original balance of £3,767.11 accumulated.
Vanquis has confirmed you made the application on 25 November 2013. Your application was then approved on 27 November 2013 at 15:19pm.
The statement of account evidences the accrual of the original balance. For example, on 26 July 2016 the credit card was used to spend the sum of £28.82 at at Boots store in Amesbury. The statement of account also confirms that the last payment was received by Vanquis in the sum of £100.00 on 31 October 2017.
As payments were not made in accordance with the terms and conditions of the agreement a Default Notice was served to your address dated 21 November 2017, which required you to remedy the arrears by 10 December 2017. As the arrears were not cleared and as no arrangement for repayment was made with Vanquis a cause of action accrued on 11 December 2017.
Our client remains keen to resolve this matter amicably and is willing to consider any payment proposals you may have. In order to reduce further litigation costs that would be incurred if the matter were to proceed to a hearing, our client has instructed us to reiterate a reduced settlement figure of £3,200.00 in full and final settlement of the Claim.
If you are agreeable to reaching a potential settlement please contact our office to discuss our client’s offer. If we fail to hear from you within 14 days, we are instructed to proceed with this matter further to the County Court where a Judgment may be entered against you.
You may wish to seek independent legal advice from your local Citizens Advice Bureau, or a solicitor or firm of solicitors of your choosing.
We look forward to hearing from you.
Yours sincerely,
Lowell Solicitors Limited
And here are their attached documents:
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Thank you for your reply!
I’ve just had the following response from Disney. Not great at all.
Dear Fishy
Thank you for your reply.
We kindly confirm that Disneyland® Paris annual passes are usually non-refundable. However, due to the unprecedented situation with CoViD-19, the duration of your annual passes and their benefits have been extended by the number of days our Disney Parks were temporarily closed (123 days), starting from the original expiry date of your annual passes. As previously mentioned, we are unable to put an additional temporary halt on your annual passes; however, we would like to offer you an exceptional partial refund.
If you wish to accept our offer, please provide us with a copy of the annual passes of your party as well as the filled in and signed refund form at your earliest convenience. Your annual passes will consequently be blocked.
We hope that this information is helpful for you, and we look forward to hearing from you.
Yours sincerely,
Constantin
Guest Communication -
Hello everyone.
I'm sure that this particular forum is very busy at the moment, so apologies in advance for adding to it!
In January 2020, we visited Disneyland Paris for my daughters birthday and we loved it so much that we purchase one of their Infinity Annual Passes, which basically gives you access to the park for a year, plus all the bells and whistles. The total cost for my wife and children was £758.67.All was tickedy-boo and we made plans to visit several times over the coming year. Obviously, Coronavirus arrived and then park closed. When it did reopen in July, they very kindy added the time the park was closed as an extension to our pass.
That was all great and we made plans to get over before the kids started school. Then boom, August 15th and 14-day quarantine is placed in people returning from France.
We're not able to take the time off to quarantine, and my wife has Graves Diesease, so is higher risk, so we don't want to travel at the moment.
I have emailed Disney to see whether they would consider 'pausing' the pass, but they will only offer a partial refund of 180€. They haven't specified whether they will cancel the passes if we accept the refund, so I have asked for clarity, but we haven't used the pass at all and it doesn't currently seem likely that we will.
Do we have any rights, or is it just something to swallow?
Many thanks in advance!
Mr Fish -
On 19/08/2019 at 13:51, BankFodder said:
Is this a purchase or a hire purchase?
HP
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Hahaha!!
Oh, DX, what the heck do I do? Direct to dealer?
Tell finance company it's within six months, so onus is on dealer to prove?
Help!!
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9 minutes ago, dx100uk said:
you already have one.
dx
Exactly what I told them. Apparently their inspection will determine whether the fault was there at the point of sale...
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I've just had this emailed from CarMoney. I'm so confused, I really don't know what I'm supposed to be doing and with whom.
"Apologies for the delay in response. I have spoken to Oodle regarding the complaint and unfortunatly, they would require an independent report to be carried out on the vehicle. The burden of proof would lie with yourself.
I can certainly help by giving you the details of Scotia, who is the company that we use."Everything I've read says that I did the right thing by exercising my rights under the CRA 2015 with the dealer. That was done within the six-months, so the burden of proof should be on the dealer still? Or am I completely wrong??
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Thanks Andy.
And as far as you can say, is the dealer misleading me by stating that he could only deal with CarMoney when I sent him the CRA 2015 letter, within the six-months? -
10 hours ago, dx100uk said:
the other point that seems to have been overlooked..??
you part paid for this car by credit card.
that makes the credit card company are equally liable under section 75 of the Consumer credits act too.?
Just a point I've seen on Martin Lewis' website seems to suggest that Section 75 doesn't apply on a HP Agreement:
"Hire purchase is not covered under Section 75, though the redress process is similar. If you have a complaint about something you bought using HP, try to resolve it with the supplier. It has obligations under the Supply of Goods (Implied Terms) Act to ensure that the goods are of satisfactory quality, and as described.
If you can't resolve the complaint with the supplier, try the finance provider (the company you're making repayments to). It's also bound under the same Act to make things right with you, though what that actually means will depend on your complaint. If you're still not satisfied, you can take your complaint to the Financial Ombudsman."
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Good Morning DX
Thanks for your reply.
So, firstly, yes it is a Hire Purchase agreement. I have checked the contract this morning. And yes, they are fobbing me off with the nonsense about independent inspections etc, when the onus is on the retailer to prove the fault wasn't there at point of sale.
So, the retailer has misinformed me regarding him only being able to deal with CarMoney?! I'm fuming about that. My family have had no car for weeks on that pretence.
I did go to Jaguar first actually, as I didn't realise my rights, and despite the report, they only offered to pay for 25% of the repair cost as a 'goodwill gesture'.
So, should I now correct my finance company, the dealer and write to the Credit Card Company?
Many thanks!! -
Dear All
Firstly, please accept my apologies for the lack of contact. I've been working in the Middle East for the last month and for whatever reason CAG was blocked on my hotel WiFi.
So, you don't have to go through the whole thread again, here's a brief summary...
Bought Jaguar XF from dealer on 16th February 2019 via finance arranged through CarMoney Ltd.
Car failed entirely on the 5th August 2019 due to the long-term ingress of water into the Central Junction Box, corroding everything.
Sent CRA letter to the dealership on August 14th 2019 - within six-months of purchase. Dealer eventually responded on 19th August 2019 stating that his receipt was with CarMoney Ltd and they had to deal with it.
Emailed CarMoney on 19th August 2019 to state problem. No response. Flew to Middle East on 20th. Tried to ring CarMoney from Middle East, but number wouldn't work from there. Emailed CarMoney again on the 23rd August 2019. Again no response.
In the meantime, got car taken into local Jaguar dealership for inspection and diagnostic. Report and breakdown of costs below:
"Hi Mr Fish,
The technician has checked the vehicle for the electrical failure faults which lead him to the central junction box located on the osf of the vehicle, carried out visual inspection and identified connector C3BP01G (BLUE) excessively corroded and internal Central junction box connection point corroded and in unserviceable condition, repair requires new engine harness and central junction box to repair, we suspect the corrosion has been caused by capillary effect from the washer pump unit, we would also replace the pump and level sensor as part of the repair.
The breakdown is as follows:
Labour 13.1 hours at the warranty rate of £86.85 total £1135.12
Parts required for repair:
Fuse box £331.82
Pump £63.45
Sensor £14.87
Harness £806.26
Total for parts at warranty rate £1216.40
Total including VAT £2821.82.
Regards
Daniel Jacques
Jaguar Service Manager"
Arrived back from Middle East on Sunday 15th September 2019. Call CarMoney who haven't received my email because they have a spam filter that blocks "info@" email addresses. Of course, mine is an "info@" email address. Sent the email trail to show I had emailed them and they called me yesterday to say they would honour the six-months, because of the problems I'd been having emailing. Marvellous. Or so I thought...
The nice chap at CarMoney said I would now have to notify the finance company, Oodle. They are just the broker. Right. Sent the whole email trail again. Explained that I'd served my CRA to the dealer within six-months. Dealer said contact CarMoney etc etc.
No response, so have called Oodle this evening to be told that my claim is outside of the six-months. I explained that I'd contacted the dealer etc and problems emailing CarMoney etc. Sorry, can't help. Outside of six-months. Apparently they would have offered me a courtesy car too.
They have advised me that I need to buy an independent assessment of my car from a company called ACE UK, who perform vehicle examinations and will be able to ascertain whether the problem existed when the car was sold. Apparently they won't accept Jaguar's report!! I've Googled ACE and am less than impressed with the views.
So, my wife and kids have now been without the car for almost six-weeks now and I'm so confused as to my rights and whether I even have any anymore.
Sorry to go on, but I'm so depressed with the whole saga.
Thanks for all your help.
-
Afternoon guys.
Just received the following from the dealer I purchased from:
Dear Mr Fish.
Sorry to hear you are experiencing problems with your car.
Unfortunately my contract of sale on this vehicle is with CarMoney Ltd and any issues or complaints will have to come from them. You can contact CarMoney on 0333 4564550 you will need your finance reference number for security.
Kind regards
David Wickes
GCS Cars Ltd -
Exactly. I had absolutely no idea I had any recourse, hence me immediately turning to Jaguar.
Classic Car Interior Destroyed in Fire at the Reupholstering Company
in Garage services
Posted
How bizarre! One of the kids is going to a birthday party in a town nearby on Sunday. I might see if I can pop up and have a look.
See the bottom paragraph of this article: BBC