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  1. Helping someone . I bought my house in a auction and knew the house was suffering from some sort of damp problem. I never had a survey done as there was no mortgage and there was a damp problem. I have managed to sort that out and will be having a damp course done in a few weeks time. However now some 16 months on cracks have started to appear on inside walls. These are vertical ones and are very thin. I have checked the wall above and because it has wall paper on cannot check if the cracks have gone up. I did however contact my insurance company who took down the claim an are in the middle of appointing a Surveyor to come out and inspect this. Do i have anything to worry about if i cannot produce a survey ?
  2. Hi guys, so over the years i've read the forums and they have helped me out greatly. Now i have something i don't think i've ever read before Bluestone credit management took me to court using banner jones, i requested the case be heard at a local court. The case was heard and i said that the case should not have even been heard since the creditor had not sent me a notice of assignment as directed under the law of property act 1925. The judge decided the claimant has 21 days to send me a notice of assignment, this turned up today, first class recorded. Now the interesting part Since the court has decided that a notice of assignment was never given and bluestone have evidence that they have served me the notice of assignment from the 19th does this not technically make all of the above defaults in my credit file illegal? and what about with regards to the last two entries that state voluntary termination? What options do i have with this now? I know i could claim they have damaged my credit file by illegally placing defaults and i could ask for compensation, £3597 would be convenient and see if they want to call it a null debt? (That's the only idea i can throw out there) but how would i go about this and is there anything i can before this?
  3. Hi all, I bought a car through a private sale a couple of months ago, (£1750) it was advertised as in Good Condition. It was test driven and all okay. Bought the car and within a couple of weeks there was an issue with starting and the lights on one side of the vehicle failed, as well as no reversing lights. I have just picked up the car from my local garage and they have fixed the light problem, broken wiring (£159) I had also asked them to check out the starting problem. and they have advised the following. 2 x diesel injectors found to be leaking fuel back to tank cost of £900 to fit including labour. There are also fault codes appearing EGR Valve signal and Camshaft Sensor Signal. (no costs given yet) I know this was a private purchase, but I am wondering that as these are mechanical and would not have been seen at time of purchase, where would I stand with claiming some of the costs back for repairs.bearing in mind the advert was Good Condition and I still have a copy of the advert. Is it down to the seller to prove they were working at the time, I spoke to the mechanic and he advised that the injector issue happens over a period of time so its not an over night problem. any thoughts welcome, I would be happy to just get some money back from the seller.
  4. Hi all, I bought a car from a private seller last week, I found it on gumtree and called the guy advertising it. I asked him about the state of the car and he promised it was in good condition (also have a text from him saying he wouldn't sell a car if there was anything wrong with it). He said he was selling it for his neighbour. I had checked the MOT history online and it had failed on the 16th May, but passed again on the 20th. After speaking a lot with him, as the car was a 2 hour drive away, my parents decided to go and look at it. I couldn't go due to having to go back to Devon where I live to get physio following a no fault accident where my car was written off. When my parents got there the car seemed fine, my dad test drove it, checked the engine and all seemed ok. After paying for the car (it was the guy who advertised it and the owners husband there) they started on the journey home. By the time they got back the power steering on the car they bought (VW Polo 2005) had pretty much failed. It was extremely heavy and wasn't like it was upon inspection. We have had the car tested and as on the failed MOT from the 16th May - the same problem of a leak from the steering rack was still there plus a long list of other things! The steering rack had been covered up with a bit of rubber, and the mechanic said that the rate it was leaking the sellers would have had to top up the steering fluid just before my dad test drove it. Luckily my mum kept the V5C form so we have the previous owners address, and I have the sellers email. We have written them a letter asking for a refund under the Sales of Good Act. They have since text asking proof (which we have) and that they want our address, but I have asked consumer rights people on the phone and they said it is fine to deal with it through email - is this right? We have given them 14 days since the letter to resolve this and give us a refund. I've also found that under the Road Traffic Act 1988 section 72 it is a criminal offence to sell a car that is unroadworthy - and actually points out steering as a main point. Does anyone know if this would apply to a private sale? As it doesn't specify in the legislation. Any other advice would be great. Thanks in advance.
  5. My partner bought a vehicle for £2650 from car dealer with no warranty on 7th March 2017. On 25th March 2017 the bottom end crank shaft went and we had to be towed. The garage said the work is minimum £1500 and we've shopped around and nowhere can do it cheaper. The car dealer said that is an extortionate amount for what needs to be done and has agreed to pay half. Leaving us to find £750 to pay for the rest. My partner is about to agree to it as he feels he's had enough stress with it but we're having our first baby this year and really can't afford it. Is there anything we can do? Do we have the right to fight?
  6. Long story short - may get longer later: My wife bought a vaping kit from a shop in Chester on the 2nd July this year. £50. Product is here: http://www.innokin.com/vaporizers/cool-fire-iv/ When I first got it, it seemed perfect, worked well, did what it was supposed to do. At the end of August it basically stopped working. Put it on bedside table before going to bed (pressed button 3 times to put on standby), woke up the next day and found it completely dead, nothing seemed to spur it back to life (charging, pressing buttons, checking physical on/off switch on bottom). Took it to the shop on Sunday 4th, was advised couldn't do anything as it was 'out of warranty', went on to advise them about Consumer Rights Act 2015 and how I was entitled to repair/replacement within 6 months of purchase if a fault occurred. The staff member (basically the owner's son) then advised that they could have a look at it and they'd be in touch. Subsequently got a phone call on Monday advising that they could sell me a replacement for £15. My response is below (by this point I found the owner's email address through their FB page: "Vape Shop, I am writing to you in relation to the Cool Fire IV kit that was purchased from your business, XXXXXXXXXXXXXX, on 2nd July, 2016. Subsequently I found that the device has developed a fault where it will not turn on or show any signs of functioning. This is despite normal operational and care taken when using the product. I received a call today from a member of staff at your store who advised that the business would be willing to offer a replacement for the product, at a cost of £15. I advised the gentleman that I would need to give this some thought. Though I appreciate the offer, I wish to decline the offer and exercise my statutory rights to a free replacement, under the Consumer Rights Act 2015, which makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality. As the item in question has developed a fault within 6 months of purchase, I am entitled to have the item replaced at no additional cost and I would request that you confirm that you will do this within the next seven days. I am hopeful that we can reach a mutually beneficial outcome, one where I would gladly continue to make regular purchases from your business, and that other potential customers are aware of your business’ dedication and care towards its customers. Feel free to contact me on this email address or on my mobile of XXXXXXXXXXX. Kind regards, Jimmy Jangle" Later on that day I get this: "Jimmy. I am sorry to hear you are not happy with our service , as i am sure if you speak to any of our other customers, you will find we go out of our way to give good service to our clientele. In this case , however, I am sorry but the cool fire has obviously been well used for the last two months. I strongly believe that this fault has arisen through wear and tear and as you yourself admitted , worked well when purchased. The "sales of goods act" states that; if the seller does not replace or repair faulty goods, you are entitled to a reduction on purchase price (which we have offered) or your money back MINUS an amount for the usage you have had of the goods. Judging by the scratches on the battery the usage was quite a lot. It also states that ; " if your claim under the sales of goods act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear. We like to have happy customers and would urge you to reconsider our offer of a replacement battery for a heavily discounted retail price of £15. I am afraid this is the best we can do in this situation and if this is not satisfactory to you, we will be sorry to lose your custom. Regards, XXXXXXXXXXX." My most recent response (Removed website addresses as don't want to be seen as advertising): "XXXXXXXX, Let me be frank; I know my rights, and have exercised them where required before, and always successfully I may add. I know many people who own and use a Cool Fire IV, and have seen theirs continue to function well for at least 6 months after purchase. My brother in law, for one, purchased his in January 2016, and still uses it to this day, and he uses his far more frequently than I did. That alone is evidence in itself that there is clearly an issue with the one I purchased, if it couldn’t last any longer than 2 months. Regardless of whether a device appears to function normally at the point of purchase, it remains the case that as the product has developed an issue through no action of my own within 6 months from the purchase date, I am entitled to a replacement at no added cost under the Act as discussed. Were the item to show age-related signs of degraded performance (ie. Battery capacity reduction), then I may be inclined to agree with your assertions. However, a device working that appears to work perfectly fine at near-full capacity one moment, then stop dead a matter of hours later meets the description of an item that isn’t fit for purpose). “Judging by the scratches on the battery the usage was quite a lot” The battery isn’t scratched – you’re referring to the housing in which the battery is contained. That is merely cosmetic and if any item would stop working because of a superficial scratch that was only on the surface, I’d stay off the roads as there’d be a few thousand cars that would come screeching to a halt in that case. If you could prove that the (minor) scratches were to be the cause of the fault – I’d be more than interested to see this. Furthermore, I should point out that you didn’t post the paragraph after the part regarding court action, I quote the paragraph in full: “If your claim is about a problem that arose within six months of buying the product, it's assumed that the problem existed at the date of delivery and it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.” – As I am claiming within 6 months of purchase, even if this were to go to court, the burden of proof will rest with the retailer, not the customer. As the manufacturer themselves provide a 90 day warranty (US only, but that isn’t relevant), then it can be assumed that a product that fails in a lesser timeframe has developed a fault. I would also like to point out that the “reduction on purchase price” actually applies to a situation where the money paid initially for the faulty item is refunded, less a deduction (however this only applies after the 6 months from purchase have elapsed) I am aware of my rights under the act (I am an established and very active member of a number of vaping and consumer-related websites, including XXXXXXXXXXX, XXXXXXXXXX, XXXXXXXXXX and XXXXXXXXXX to name but a few) , I have been completely honest about the situation, and am disappointed with the response given so far, which in the opinion of all I have discussed this with (including the aforementioned websites), is in total disregard of my statutory rights. In view of this, I have no option but to reiterate my stance, which I will not deviate from: Unless a replacement is provided under the terms of the Act within the next 7 days, then I will seek further action, up to and including issuing proceedings against you in the county court to recover the amount paid for the item at fault, with associated costs and statutory interest, with no further reference to you. I have already submitted a complaint to Cheshire West and Chester Trading Standards, and will make it quite clear via various local and national outlets (Vaping-related forums, Social Media, Press and TV), that your business does not take its customers’ rights seriously. Yours sincerely, Jimmy Jangle" Thoughts/opinions? I ask as it seems that new Vape shops seem to pop up a lot and are run by people out for a fast buck and have no grasp of basic consumer law...
  7. Bought a Mazda 6 diesel estate , 61 plate from V12 Sports & Classics, Leicester. The gear selection became 'notchy' within the 100 mile drive home. within the next 100 miles it got worse and occasionally crunched into 2nd gear. I contacted V12 and the car was returned to their 'preffered' garage and left for repair. I contacted their garage after 1 week and was told the gearbox had been removed and sent away to a specialist, they had reported that gears 1 to 4 needed replacing, the garage were waiting for V12 to authorise repair or replacement. A week later I was told the car was fixed, I went and collected the car on a Saturday, I was told a 2nd hand gearbox had been fitted. It was immediately apparent when I drove the car that the problem was not fixed, I pulled over and contacted V12 who repeatedly told me it had been fixed and there was nothing wrong with it despite me being sat in it telling them it was not fixed. It was decided that I should take it back to the garage. a mechanic took it for a drive with me in the passenger seat, he changed gear very carefully, pausing in neutral, letting the rpm drop to tick over on the gear changes before selecting the next gear, the box was still lumpy and he stated 'its not the smoothest of boxes'. He suggested I try it for a week? I took it back to V12 where there were no aftersales team available! A salesman took the car for a test drive again, he never drove it over 1500rpm, I pointed out that you do not drive cars this way, the gear change was still notchy at 1500rpm, however I suggested I drive the car. At 2500-3000 rpm the gear change could be felt through the car. The salesman acknowkledged the problem and said a member of the aftersales team would call me on Monday I left V12 and travelled the 100 miles home. I e-mailed a histopry of the problems to their customer services and requested all correspondence be in writing or e-mail from this point on as I felt I was being fobbed off. I had no correspondence from them. I sent a letter by e-mail and also recorded delivery formally rejecting the vehicle and telling them they could collect it anytime, I was no longer prepared to travel the 200 mile round trip. received an e-mail back stating it had been passed to their legal team, I have not heard anything since, what do i do next? Car was £6400, i can get another replacement gearbox fitted for £1000 quoted by a local garage. I have only done 1000 miles in the car and 400 of this was travelling too and from the sellers address. Any advice would be appreciated
  8. Hi. Today I did a bit of a daft thing. This morning I bought a return ticket from my local station in Wales to Bristol Templemeads. I then feel asleep partway through the journey and awoke in a bit of a fluster just before the train was about to leave the platform at Bristol Templemeads. Hurriedly I gathered my things and left the train. Part way down the platform I realised I'd left my outward ticket on the train. Now, I've done this many times before, I realised I'd have to pay the inevitable fine (£20). Knowing my bank balance needed topping up, I decided to walk up to the ticket counter and ask for a single ticket from Filton Abbey Wood to Bristol, knowing that this would be less than the £20 and I could escape the station. Conscience wise I felt this was OK, as I'd already paid for a return ticket and I was now handing over more money than the journey would originally cost and as a heavy user of railways I think it's right people that don't actually pay for a ticket at all get caught. This is where things started to go badly wrong. When asked why I didn't buy a ticket from filton, I made a cock and bull story up about the platform being busy and not having enough time to board the train. At this point the ticket person called what I think was a Revenue Collection Officer, who introduced himself and informed me our conversation was being recorded. When he started to question me about what station I'd got on etc and why I hadn't bought a ticket etc, I kept to my simple story. It was only when he said he'd need my personal details and that he'd need to check CCTV that I cracked. I came clean and explained I'd left my ticket on the train from Cardiff and was just trying to lesson my inevitable cost. At that point he started using words like fraud and proceeded to read me my rights. I got a bit confused at this point and quite cross at myself for getting in to this situation. I gave him my personal details nevertheless. He then informed me that he wasn't an officer of the law and that he couldn't detain me. To be honest I found this a bit odd and daft given he had just read me my rights, I chuckled a bit and said "well in that case I'd like to leave and go to work please". At that point he took my return ticket off me, handed me an excess ticket to get home with and let me through the barrier. Having replayed things back in my head, I'm now not sure where I stand, nor what outcome I can expect. Having read up on the matter, I'm concerned that there might be court proceedings and a conviction, which has knocked me for six a little. I'm more than prepared to pay whatever fine comes my way, for being stupid enough to continue the dubious charade, but I certainly don't want to go to court and risk getting a conviction. Does anyone have any suggestions or advice?
  9. Hi there people, I have bought on a part exchange a second hand car... All good to go...only that while driving home car stopped 2 times. I have stopped at the first petrol station and filled up a £25.00 as these guys would only leave you on red just enough to make it to the first station available. Anyway, to cut the story short I have called the guy ( trade ) saying that as the car has problems I will return it and would want my car back.... Finally done and dusted but when asked about the petrol money he said that he would not give me any money.... why??? The care supposed to be in good order as that is why I did go ahead in buying it. That should be something to be done in returning my money back. I know it is only £25,00 but it is a lot for me and they are mine.... Anything I could do in reclaiming them??? Thanks, dd
  10. Hi I just bought a second hand car from what I thought was a second hand car dealer on Gumtree called West Cars. I bought the car on 6th Nov. I had only driven it a couple of times and it seemed fine at first but yesterday driving back from work the engine cut out on five separate times when slowing down at various junctions and it took several attempts to restart it. I also noticed a burning smell coming from the back of the car which wasn't there when I test drove it. The car was delivered to me at my home address. The ad said it was a good runner, had a long MOT and only one previous owner, all of which turned out not to be true. I have tried to Google the company but it doesn't seem to exist and having looked closer at the receipt, the car dealer is down as TW Cars. I have also requested a refund by sending a text to the contact number on GT but the guy refuses to give me a refund and more or less told me to F off. I have alerted Gumtree about this, they say they are unable to give me details of the company, but have temporarily removed all ads (approx 25) placed by this company. Does anyone have any advice on how I can get my money back when all I have to go on is a mobile number and two fake company names.
  11. Hi all, My brother has bought a used fold away wheelchair made by Careco, from a lady who bought it in Feb this year for her mother but she has since been put in a nursing home and could not use the chair anyway as she could not control it. My brother has emailed the company to enquire about transfer of the 12 month warranty and has been told that this is not transferable so he is not covered unless he bought it new from them. There was an additional insurance purchased by the buyer for 2 years at the cost of £209. He has enquired about transfer of this but been told to contact the insurance company direct. I didnt think they were allowed to do this as its a statutory warranty ? The email is below ..... From: K Date: 30 October 2016 at 10:26:16 GMT To: T Subject: RE: CareCoContact Enquiry Dear Sirs, Thank you for your email, Unfortunately the warranty is with the person it is sold too on the item itself. When it is sold on or someone else receives the goods it voids the warranty. We are not able to transfer this from person to person. If you have any further questions in the near future, please do not hesitate to contact us We look forward to hearing from you Kind regards K Mobility Advisor From: T Sent: 30 October 2016 09:52 To: K Subject: Re: CareCoContact Enquiry Hi K I can understand the insurance side of it but as for the warranty surly it's on the item that was sold and not the person it was sold to ? Kind regards T Sent from my iPhone On 30 Oct 2016, at 09:27, K Dear Sirs, Thank you for your email, Unfortunately the warranty is not transferable from person to person. We are unable to do this on the foldawheel Powerchair. In regards to the insurance details you would need to contact the insurance company ***** ****** direct to see if you can swap the insurance over to your details. If you have any further questions in the near future, please do not hesitate to contact us We look forward to hearing from you Kind regards K Mobility Advisor From: Sent: 29 October 2016 21:34 To: Sales@careco.co.uk Subject: CareCoContact Enquiry Title: Mr Name: t Email: Telephone Number: foldawheel warranty transfer Message: hi i have just purchased a foldable electric chair from a ************* customer number is ****** please could you change the remainder of the free 12 month warranty over to myself mr t ***** ******* ******* there was also a 2 year extended insurance taken out policy number p******* i would be very grateful if this could be transfered over to myself any problems please let me know i can be contacted on *********or by email kind regards mr t
  12. I have today received this copy agreement from MINT and would really appreciate advice regarding its enforceability. I don't think everything is shown on my single page with my signature and I assume the "here is your replacement card letter" and clear copy of the CCA is a reconstruct. Thankyou! mintcca001.pdf mintcca002.pdf mintcca003.pdf
  13. Hi all, I bought an exercise bike last April online from Amazon using a 3rd party seller. The braking system has developed a fault which means now the bike is useless as pressure can no longer be applied to the spinning wheel using the friction pad. I have unscrewed the braking system today, it is an extremely simple mechanism using a bolt and a nut and a couple of springs. I have discovered that the nut that screws onto the bolt which you turn to control the tension is slipping which means that no pressure can be put upon the brake pad. Here is a vid I have made today showing the nut slipping along the bolt which clearly shouldn't be the case:- sendvid.com/d459adnc And a pic showing the nut and bolt:- I am currently awaiting reply from the comapany after sending them the video this morning. So the question is am I protected by any consumer law? as I believe this to be a manufacturing defect as in my eyes a metal nut and bolt should not become loose like that in such a short amount of time with. Thanks
  14. Hi all, Bought a hotpoint tumble dryer from John Lewis back in December 2012. So far I have had no problems. In december 2015 I received a letter (attached ) stating that the model I have TCFG87C6P, is faulty, a fire hazard and needs modification to make it safe to use. Now I have used the machine many times and gone out leaving it on, only now to find out that it could potentially have burnt the house down. Luckily this has not happened. I am aware the product is out of warranty but am I within my rights to request a new tumble dryer from John Lewis, considering that the one they sold me in the first place was never fit for use of more to the point safe to use. Any help much appreciated. Kind Regards BB John lewis tumble dryer indesit_Redacted.pdf
  15. Cutting a long story very short, bought a car in May 2016 for a few hundred pounds, have received a letter from Loans 2go saying vehicle was subject to security by the owner previous to the one we bought from and to contact L2Go. Called them this morning and asked to see copy of BOS and authorisation over the vehicle, they said they would release their clam for over three times what we bought the vehicle for. :-x the amount requested is laughably high, the vehicle would be worth maybe £200 at auction, the person on the other end of the line said we have 10 days to respond Obviously courts are closed for the weekend. Advice please Have reported the matter to the police as a pontential fraud
  16. we bought a lodge to live in was informed by holiday site this was ok, we spent £82k on this my life savings this was in November 2015. since this happened I have been diagnosed with primary progressive m.s and decided to sell up and return home to Huddersfield. we informed the site and they have said they will buy it back for £37000 clearly we are all in the wrong business, since this happened we have found out how much they do this I would be very interested to hear from anyone who has purchased anything on sand le mere park in tunstall hull and had a bad experience we are taking this down the legal path.
  17. I just bought a 2007 Mazda MX5, 42000 on the clock and in good nick. After having it a few days - I called the guy as its pulling to the left on acceleration. Also - Diff noise is audible too. He picked it up - took it to Mazda for a health check and the report says: Front tyres are low changed battering in key fob slight corrosion to front discs and I was spot on about the Diff so when he's back from hols in 10 days time - he's gonna get the diff fixed and sorted. to be honest - I'd be expecting him to put 2 new tyres on it at £100 a piece for Bridgestone tyres (recommended) Does that sound unreasonable? L.
  18. Hi, I will really appreciate your guidance, suggestions and help please. Bought LG G3 phone in June last year from amazon.co.uk for £234.93 (Sold by FRElectronics:Fulfilled by Amazon) and paid by Capital One credit card, it came with a 2 years warranty. I use all my things very carefully and was very careful with the phone; within a couple of months noticed that it overheated every now and then and upon searching online saw it was a common problem with LG G3 but as the phone was at least operational I kept on using it. Earlier this year the screen became yellow at one spot on left side and it seemed that it was also a common problem, I contacted LG support and they said it will have to be inspected at their service centre and since I was out of the country at that time I thought when I will return to UK I will get it checked by them since the warranty is valid till June 2017. Last month it stopped working just like that, I had put it on for charging and later on when checked it won’t work and showed blue screen and sometimes even the blue screen didn’t show. I tried all possible things that were suggested in different forums like taking the battery out and restart etc nothing helped. Contacted LG support through their website and they said they will have it collected and repaired, they got it collected through DPD after about 10 days I got a notification that it’s being sent back. When I collected it, I was very disappointed to see that they have not repaired it and just sent a note that states: “Out of Warranty Inspection Report We have inspected your LG mobile and regret to inform you that due to our findings of liquid damage we are unable to accept repair under LG’s warranty policy. Faults/Found Evidence of liquid residue found. Comment Unit is deemed to be beyond economic repair and out of warranty” I called up their support line straight away and guy on the phone said nothing can be done as its liquid damage, I said to him that it never fell down in water etc and he said that it could happen even with small amount of moisture/dampness entering the phone which gradually expands. I am not happy with the response I got and also do not agree with their findings and advice. I need advice/suggestions as to what shall be the best course of action to resolve the issue and either get my phone fixed, replaced or refunded. 1. Shall I contact LG again? Although I don’t think they will do much as the guy said nothing can be done. 2. Contact Capital One as paid through them and it was £234. 3. Contact Amazon I understand that after 6 months things may become slightly more difficult but like I said above I was always careful with the phone and experienced the heating issues within the first couple of months and subsequently yellow spots afterwards and then finally it stopped working. In my experience the phone design and hardware is faulty as I am not the only one who experienced these issues. Looking forward to your help. Thank you
  19. Hi everyone! Sorry to be one of 'those' people who join in the hope of some free advice but I'm in a bit of a pickle and would really, really appreciate any advice. I'll try and keep it short, I promise. I have recently moved into a new house and as a result, my wife and I bought ourselves a new TV from AO.com. BIt cost £750. In short, it's rubbish - it's slow, it feels and looks cheap, and the optical output doesn't work which is a term which means to me: no sound out of our soundbar. I called AO this morning to arrange a return, and have been told they don't accept returns (despite this being plastered all over their website) unless the item is faulty, and that they will accept taking it back, but will only refund 55% of what I paid as it is now 'used'. Surely this is illegal? I have been advised to look at the Consumer Rights legislation, which I have done, and am awaiting a call back with some advice from Trading Standards but as you can imagine, we're ever so keen for any sort of additional help and someone suggested I come here and try. Thank you so much in advance!
  20. Hello, all, I'm sorry I haven't been on in a while due to illness/back to back forms. I hope you are all well. As it's been five years I'm not sure what to do in re a debt that's been in dispute since May 2011 - sold by RBS/Mint to Cabot, from whom my husband has had a letter last month. In 2011 the then collector Regal Credit closed the account as they could not provide documents as requested by my CCA. Cabot's letter just says they will be in touch, not sure if I should wait to hear from them or CCA them now and/or mention the debt has been in dispute for five years? I have the link to how to do a CCA of which I've sent many - I'm reading the link thoroughly as I know things have changed which is why I'm posting this, to make sure I'm doing the right thing. Many thanks for any advice and I hope you are all well. Best wishes HY
  21. I have recently applied for a mortgage and found a default on my credit file from Arrow Global. The debt i believe is in relation to a business loan i took out with HSBC in 2005, the business was shut down approx 3 years ago as well as all associated accounts including i assumed the loan account, HSBC informed me nothing was owed when i shut the accounts, they even transferred some money that was in the current account to another business account i had with them. I received a letter from Arrow Global in April 2016 mentioning a debt and i contacted them directly for more information, they never returned my calls. I have spoken to HSBC this morning who have just said that the account was closed? They wouldnt give me any further information. I have spent years perfecting my credit rating and to say i am absolutely livid about this default is an understatement, my mortgage was rejected and my personal credit rating completely trashed. The default was put on in February 2015!!! What can i do, i have today sent SAR requests to both HSBC and Arrow Global as well as request for the record of default notice to Arrow Global. On my credit file the address for the default was a house i lived in over 10 years ago?? Latest letter says debt has been passed to Moorcroft Group PLC I am contemplating paying the amount owed £910 to mark it as satisfied but i dont want to pay what i have been told isnt owed, money is not an object and i will gladly pay whatever it costs to get this default removed.
  22. Hi I'm posting this on behalf of my Mum who purchased her car in November 2015. She bought a ford C Max 55 plate for £2795 which came with a 3 month warranty. She's barely driven the car only having covered 500 miles since, but the car is starting to have quite a few serious faults, mainly with the ignition and some warning system regarding acceleration. None of it sounds very good and the AA have had to come out a couple of times to get her started. She's booked it in to the garage she originally got it from to be repaired and was wondering if the dealer is responsible to pay for repairs under the Consumer rights Act as there appears to have been new laws made from October 2015? I found the following on the Which website and hope someone can confirm it to be correct...... First six months - if you take the vehicle back within six months of purchase, the dealer should accept there was a problem when the vehicle was sold and offer a partial refund or to repair or replace it. If the dealer doesn't accept there was a problem when the vehicle was sold, they'll have to prove this. Any advice appreciated as I'm really pee'd off for her as she bought this car in the real need of having something reliable as she's on her own and quite disabled. Thanks for any advice Lisa
  23. Hi, I was hoping someone could help me. Basically in April I bought a used car from a trader. The car broke down pretty much straight away and now wont start up at all. I had spoken to consumer direct who told me to write to the trader and tell them as I have had the car under 30 days I am rejecting the car and seeking a refund because the car was not fit for purpose and was not as described (the trader when I bought it said the car was perfectly ok with nothing wrong with it, it infact had a serious fault). The Trader who sold me it as a result of my letter has came around to my house today shouting and swearing and being abusive. He offered me a lesser car than the one I bought from him, valued at the same price on his website. But he was wanting me to pay him £300 more for it. And it would be classed as a private sale not trade so no comebacks if anything is wrong with this other car. Obviously I rejected this offer. He has told me to take him to small claims and all he will do is leave the country and so I won't get the car or the money, or if I do it will not be until a year has passed as he wont be in the UK for many months so I will be out of the car and no money for all this time that he deliberately messes me and the court about to drag this out as long as he can (I know this is an empty threat as the courts wont allow this to go on). But anyway. I am now in the situation I need to draft up my particulars of claim for a consumer rights 2015 claim on the basis that the car was both not fit for purpose. And not as described. I have looked over the Consumer Rights Act and I am not sure which sections of the Consumer Rights Act apply to used car purchases under the above two scenarios. Can anyone help and advise which sections of the consumer rights act I would bring my claim under. i.e section 22(4) or something like this. Thank you in advance.
  24. Hi folks, Mid-December last year, I bought a used car from a local dealer to replace our family car which was dying a death after many years of faithful service. The car looked to be in good condition (for a 10 year old car), full service history, 89k on the clock, just what we were looking for. I paid £1500 for the car plus £150 for a new cam belt and water pump as there was no evidence of this in the service history. they gave me £100 for our old car in part exchange. The car came with three months warranty. On 12th March (one day after the warranty expired), we broke down on the way to our son's birthday party in another town. The car reported "Low oil pressure" and proceeded to dump oil all over the car park of the venue. RAC was called out and they found a pipe that connects into the oil filter(?) was disconnected from its spigot and was basically just spraying oil all over the engine bay. he re-connected the pipe, washed out the engine bay, filled me back up with oil, I thanked him and we went our separate ways. On the way home from the party, we broke down again, this time no alarms or messages on the dash but we had a lot of white smoke coming from the back of the car. RAC was called again, they found that all that new oil the previous guy had put in was now gone, and this time they towed me to the garage I have used for years where it sat for the weekend and I phoned them to tell them what the issue was and ask them to take a look. I had a call back from them the following day and they've said that the engine is building up too much pressure and blowing out whichever pipe is easiest, causing the engine to dump the oil. they said the cause of this is something to do with the piston rings and I was probably looking at having to replace the engine. Best case scenario, I'm looking at approx £1500, pretty much what I paid for the car three months prior. I called the dealer to try and open a dialog to get this sorted. I was told to call back the following day and talk to the owner. I asked for his name three times, they wouldn't give it to me. I also asked for a specific time to call and they wouldn't give me that either. After speaking to someone the following day and getting nowhere, I wrote them a letter detailing what the garage had found, the estimate of repair and as the car was just outside of its warranty (and because of the previous conversation I'd had with them) some text regarding the Consumer Rights Act (taken from the gov website). I've received a response from the dealer basically saying it's not on them because a "full inspection" was made by us on the day of purchase (I know nothing about cars, which is why I tend to prefer buying from dealers :/ ), to their knowledge the car was in good condition, and the 3 month warranty had expired. They've also gone on to say the issues we mentioned are not covered by their warranty anyway, and as the vehicle was manufactured a long time ago, they "cannot guarantee something may happen" to it. They state that they performed a "standard vehicle inspection" and it has a "full valid MOT". I'm not sure what my next step should be at this point. Do I send them another letter arguing their points and suggesting a full diagnosis at their expense? Or do I go to small claims court at this stage? Any help (including wording for the next letter) greatly appreciated! If anyone can offer any advice on what's probably going to happen and my best course of action for if they refuse to do anything, I'd really appreciate it. Many thanks in advance.
  25. Asking on behalf of a relative who does not have the internet bought a 2005 4x4 vehicle 31-10-14 from garage in Derby they delivered it 3-11-14 paid £2,700 for it and was given £300 for his vehicle it came with a months warranty, relative kept hearing a noise 7-10 days after sale he went to a local garage with it on 18-11-14 after keep ringing the garage he bought if from and keep being fobbed off when asking to speak to the manager. Local garage booked car in to have a look at it 24-11-14 and made a report it has a constant light on dash board for the air bag, gear box on its way out flooded with oil, clutch going, brakes faulty/sticking, car differential problems. Whenever relative keeps ringing garage he bought vehicle from he gets fobbed off they told him to bring vehicle back but car is not roadworthy according to local garage that as inspected it. Rang consumer direct they said to keep ringing garage and demand to speak to the manager and tell him want a full refund as they have sold him vehicle that is not fit for purpose and that he does not want a replacement etc relative cannot get this far with only speaking to sales team, not been advised to write to them. Advice what to do to secure a refund and to get garage to come and collect this vehicle, relative now as no vehicle for work and will have to go out this week and buy another vehicle.
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