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sri_130

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Posts posted by sri_130

  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.

     

    Hi Sri,

     

    You can write to them confirming that your last letter contained an error.

     

    Before you do that, please confirm what was the date of the incorrect letter - was this your letter of 10th November 2010.

     

    8-)

  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. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. Just had a phone call from the specialists, to say that a transporter has turned up outside!

    Not what I wanted, but they've held to their word of collection.

     

    The deadline is now next Thursday 30th - as per my second letter. I very much doubt they can acheive that (based on previous customer testimony of a less severe fault)

     

    At least I can still reject it afterwards if its not satisfactory.

  11. As they out of hand refused to do anything and tried to illegally get out of their obligations under the soga, and then only saying they will pay half, you were correct in taking it to another garage for diagnosis, and they will have to foot the bill for that.

    It was up to them to show there was nothing wrong with it, not yours to show there was, something they failed to do.

     

    Don't let your dad get one up on you. Ask him where the fun is in getting a car and just driving it. say lifes boring if you just go from a to b daily with no excitement.

     

    Haha, I told him what you said and he then decided to rev his V8, just to rub it in even more, saying "i bet yours doesn't sound like this"... g!t.

  12. Reject the car.

    Reject the car.

    Reject the car.

    Reject the car.

    Reject the car.

    Reject the car.

    Reject the car.

    Reject the car.

     

    Go and buy another one. If this has happened then there is something else seriously wrong. Forget skimming the head, from what I remember working on M series cars you can't, and £700 to replace the head gasket. Are they working on the minimum wage?

     

    Believe me, reject the car.

    BTW what's the mileage????

     

    Really?

    The cost of £700 was only verbal and this garage is tiny (only two employees) but specifically they are a BMW specialist - with excellent feedback from the locality and friends who've used them.

    They also detailed that they prep M series race cars, which must mean they have some know how.

     

    The mileage is 80k, its only had 2 owners from new, with full bmwsh. The car is spot on (apart from its current issue) which is why I'd want it repaired in the first instance. but now you've planted that seed, I will speak to the specialist before they commence the work and get their view, might also ring BMW and ask how much they'd charge just for comparison (a few thousands more, i reckon) and see what else they say.

  13. Sorry to hear about your problems.

     

    The resolution that I would suggest, will ultimately end up divulging the information. You need to write to carcraft. Giving them 7 days to repair, refund or replace (this is standard fair, under the sale of goods act). Warranties aren't worth the paper they are written on.

     

    If you like the car and want it repaired, then state that this is what you would like in the first instance - you can still reject it afterwards if the repair is 'unsatisfactory' and here lies the answer to the problem. You need to know what the problem is - so does carcraft/nationwide in order to repair the motor! include in your letter, that you need to know, in order to have the repair independently checked afterwards. Send it recorded delivery and see what happens.

    If you don't hear anything within 7 days, send them another letter giving them 3 days and if you still don't hear anything - claim your refund through the courts.

     

    Something tells me that they will respond. You have one of their assets!

  14. I wouldn't push him on the collection. If he fails to collect after he has received your letter tomorrow, then you can claim you have given him every chance to do the repair and a reasonable amount of time to do it.

     

    You then will be able to take it to the garage of your choice and get them to fix it, (you will have to pay the bill though), and then you can take him to court for reimbursement of the repair bill, plus court fees.

     

    I'd prefer it to be repaired by the specialist where its sat anyhow. yet they were the ones suggesting collection and repair elsewhere (then i find, they take an ice age + I'd have no car + no cash..) I just don't feel easy about that. But yet, I've sent the letter so its tough poo on my part. Will have to wait and see if they do/do not pick it up before Friday.

     

    If the car does get collected, who pays the specialists bill + his storage charge whilst they've been twiddling their thumbs? I'd say that its their problem - it has been 8 days since I reported the problem and nothing has happened.

     

    I also need a car for work, next week. So I'll have to hire one. I don't want to send anymore letters (asking them if they can provide one/or pay for one) in case it prompts them to collect it before friday!!!! - which was the deadline in the first letter.

     

    My old man just bought a car yesterday and its mint. I've enjoyed mine for exactly 20 miles and 4 hours, so I am envious, jealous and surprisingly angry (I was ok about all this before!!!)

  15. Update.

     

    No phone call today, so that means no car collection. Yet another day passes. They should receive my 2nd letter tomorrow.

     

    Some users on another forum have detailed thier experience of this garage and have stated that once your car is collected, expect a minimum of 4 weeks for it to be fixed! I'm not happy about that, albeit I did state they have until next Thursday to fully resolve it.

     

    I just want it sorted now. Work is stating I need to be mobile next week, so I'm going to need a car ASAP.

  16. If you missed the service, you've basically lined yourself up for this. Even though I would say that on a 07, it shouldn't happen - BMW will ultimately use it as the clause to void the warranty.

     

    I'd take it to a specialist (a local independent) and see how much they would charge (and see if they agree with the diagnosis).

  17. It would appear that I spoke too soon. Call received this evening.

     

    The garage would like to collect the car from its current location, tomorrow. They have their own repairer.

     

    I have agreed, asking them to ring the specialist (at the cars current location) in order to deal with them direct and arrange transportation.

     

    I have written this letter, which I'll post tomorrow to confirm the position. Please let me know if you think it is acceptable.

     

    Dear Sir,

     

    RE: *** Registration: ******

     

    I refer to our recent telephone conversation at 1800 hours on Monday 20th July 2009 and can confirm that I am happy for your company (or subsequent repairer) to collect the car from its current location at ******.

     

    In relation to my previous letter, sent on the 16th July 2009, I feel that a target of Friday 24th of July 2009 is an unfeasible deadline in which to have the car repaired by your own preferred specialist. I would allow the extension of the repair to be extended to no later than Tuesday 28th July 2009. I feel this is an acceptable timeframe in which to have the problem resolved, given this would be the 13th day after which the problem was reported to you.

     

    Please could you confirm your acceptance and receipt of this letter by faxing a signed copy to: ****** addressed for my attention.

     

    Regards,

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