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  1. Hi, yes the only letter I have sent was on the 10th November. I actually received a letter back from them confirming it would be cancelled.
  2. Hi, I joined Bannatynes in January 2010. I wrote to Bannatynes on the 10th November 2010 stating that I would like to cancel my membership and that they can use the letter as the 3 months notice. I cancelled the direct debit after the last payment in Janary 2011. As far as I can work out, I have successfully ended a 12 month contract (by paying Jan 2011, its technically a 13 month one). Yet Bannatynes are requesting February 2011 payment! Stating this is inside the 3 month period. My basic knowledge, would suggest that November, December and January count as 3 months. Their T&C's don't say exact number of days, nor do they say 3 full months, nor do they say you must make 3 full payments. I'm more than happy to ignore the demands, believing the 3 months is a rather vague statement anyway, even after I've completed a 12 month contract with them. For example, some months have more days than others! I must confess I have made an error though - when I sent them the cancellation letter, I have just seen that I put: I am formerly requesting the cancellation of my membership and please can you take this letter as notice of termination. I understand there is a 3 month cancellation period and that my liabilities shall end after the final monthly payment in February 2011. I have no idea why I put Feb 2011. Idiot. I guess my question is, do I have to pay february? and have I messed up by declaring that in my letter? Any help appreciated.
  3. I spent a few minutes trying to find a category to put this question in! Hopefully its right. My wife and I needed a new kitchen and after being recommended to a local firm, we found their quotation and plan attractive. We gave them the go ahead, paying a 10% deposit by debit card in order to get the kitchen and appliances ordered and booked in. We then received a brief, but itemised summary of what we would be receiving, which again seemed fine. Work started and its a joke. The main issues are the quality of the product, but there have been other issues too: - completely ruined the walls taking the old tiles off (fair enough a tough job, but cost us more in platerer fees) - carcasses were second hand/ex display! - complained and they were replaced for new - chips in facia's - doors incorrectly aligned - corner cupboard door is actually 2 seperate cupboards - doors don't even match up, so they 'added' panels with glue! - items agreed verbally not carried out (my own fault for not having them written down) - complete lack of a cutlery drawer - yet plan says we'd have one - chip in the plinth - taken 7 working days to have it installed and its still not right. We paid 90% on my Lloyds TSB credit card 10 days ago - they wouldn't install without full payment and again its our own fault - being unexperienced with tradesmen. Where do I stand here? After phone calls are not being returned by the company owner - but I would either like it rectifying within a reasonable timeframe or some of my money back to cover our unhappiness. I rang the credit card company who said they have launched a dispute, but said someone would contact me to discuss soon - does this mean I should still pay the bill this month? I've read that I might have some assistance with section 75 of the credit act? Any help greatly appreciated.
  4. ... or take a £40 hit and do not send them a christmas card.
  5. 1st thing would be to write to them requesting the service history be delivered to you within a reasonable timeframe. You can quote the phone calls and sales talk and the original advert which states it was present. For faulty cars (not sure about mis-sold) the responsibility lies with the dealer for the first 6 months after the sale to prove that it was satisfactory. After the 6 month period, it is your responsibility - if you still have the original advert, then great, you may have something to go on. check out this link: Used cars - consumer rights I've highlighted a secion below, which is why I am unsure what the odds are, in your case. - might be best speaking to consumer direct/trading standards and get their view. The Sale of Goods Act 1979 states that, if you can show the goods to be faulty, not fit for their purpose or misdescribed, you have, for a short time after purchase, a right to reject them and get a refund of the purchase price. Therefore, if you have only had the car for a very short time, have only driven a few miles and you discover a major problem, you are probably entitled to reject it and get your money back plus the return of a ‘traded in’ car, if there was one, or its value if it has been disposed of.
  6. your problem is that you're asking! You need to be putting it in writing, telling him, what you want him to do.
  7. Solicitor informed, will action the next stages for me, if car not forthcoming by Friday. Rung Trading standards and reported the firm. The case has been passed to the local T.S office.
  8. Just checked... The Log book hasn't been filled in by them! Hope that doesn't have an affect. I haven't sent it off yet, just in case i get refunded and hand it back. Or should I fill it out now and send it off? takes ages tho? Also, I paid for some tyres (seperate to the deal) that they fitted for me, prior to them putting it in for an MOT. I got them at their trade price. Got a feeling that might be a prob, if I get refunded. Technically they are mine! but no use, if they are not on the car. Think I'll give the solicitor a call in my dinner.
  9. It gets worse. Just rung them to discuss a hire car (if the car isn't repaired before Thursday). Was met with, 'as this was a trade' sale etc again, stating that their repairers have quoted £1500 to fix the car and want a £500 contribution from me! Even my local specialist was cheaper, but it was their choice to collect it! The garage have told me that I'm being 'unfair' as they have lost all profit in the vehicle. Of course, I told them that none of that is my problem, but yet they keep saying it was a 'trade' sale and it was accidentally forgotten from the invoice - as if! So, they've got my car and my money. they said that the earliest repair date would be this friday (over my deadline) and that I'd either be refunded or they'd foot the bill. Mighty unhappy and fuming to be honest, their aggresive stance "you said this" and "we both agree" - no we don't. Think trading standards need to hear. More concerned that I have no asset and the cash is gone from my account.
  10. If I remember correctly, your appointment needs to be pre-booked, at the closest MOT station, taking the most direct route.
  11. A HPI Check would have shown the owners and the log book definately. You failed to check these before parting with your cash? The good thing about this, is that the letter you have is a legal document admitting that the garage has made a mistake. An MOT would have highlighted the brakes on an advisory sheet, they wouldn't have replaced them or failed it, if they were legal and working. The sales chap probably just gave you the certificate. If the car was roadworthy when it was MoT'd then thats that. Same for the handbrake.
  12. I can only speculate/assume as to the reason. Maybe a lack of input from the previous owner and he let it run dry? I don't know. The problem (well, it is and it isn't) is that the garage where I bought it have collected it for repair using their own preferred folks. So its now out of my hands until they say its either too expensive and refund me, offer a replacement car or actually fix it. The £700 quote was from the local specialist where I took the car. So I guess that is now irrelevant, seen as they are not doing the work. Got until next thursday to wait now. That was the deadline in the second letter.
  13. Take the car to an independent garage and get a diagnosis (to see if they match up) and a quote to put it right - they're usually cheaper than dealers. That might save you some brass
  14. I think you may struggle to get any recompence. The first 6 months after purchase the ownership is on the dealer/trader to prove that the problem wasn't there, when you bought it. After that its your responsibility. But 3 years down the line.... Like you say, the costs to get this investigated nearly outweigh having it repaired! It would be a long and difficult case to judge durability involving specialist mechanics, metalurgists (maybe) and other professionals. You'd end up footing the bill for all this, and then 'hope' to get recompence through the courts. I'd wish you all the luck in the world, but in my opinion (what its worth - probably nothing to a stranger!) you'll be well out of pocket and time.
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