Hi everyone, We are keen to find out if there have been situations similar to ours... We are currently in dispute with a well known car finance company.. 4 payments were missed (not Consecutively) and following expiration of the default notice the creditor had issued to us, they instructed a repo company to take back the vehicle. At the time of repossession we had not paid more than 1/3 of the total price. The night before, the repo company clamped the vehicle on our private driveway, and after a few un-productive telephone calls the next day (whilst we were at work), we arrived home to find the vehicle had been taken from our private drive, without our consent. It's worth noting by term private driveway I mean land owned by us, as confirmed by our land registry deeds. Not enclosed or gated drive etc. We are in the process of going to court over this as S92 of the CCA 1974 states they cannot repo from private land without a court order. I'm also aware they're not allowed to clamp on private property either. The creditors defence is centred around the fact they did not believe it was private land and they have submitted their evidence in preparation for the hearing. Does anyone have any case law to support a debtor in this particular dispute ? particularly relating to the interpretation of 'private drive' ?. The web forums are full of success stories when the debtor has paid 1/3 or more, but nothing appears for situations where the paid monies are under this. CCA 1974 states that the breach is actionable as a breach of statutory duty. Thanks in advance.

Hi all, My husband bought a car from Carcraft just over 2 years ago and had the 5 year warranty tagged on, despite the garage being a good hour's drive away, we have dutifully taken it there for each service. It was last services around a month ago and we were informed there were some minor things such as a tyre etc. Two weeks after the service, the "exhaust fault" light flashes up on the dashboard and the car judders when the brake is applied. Being too worried to drive the car over the dartford crossing in case it konked out halfway, we asked Carcraft if we could use our local garage and bill them? They agreed to get a quote from the local garage for which we had to pay £50 upfront, when the garage said they needed to run more diagnostic tests, Carcraft suddenly sent RAC down the next morning to check it out. Days went by and we received no update from Cc and we had to ring daily for updates (for which there were none!). After two weeks and 2 days of the car sitting in their garage, we're told that it's the timing chain and that it's not under the warranty and we'll have to pay £750 to fix it (parts and labour). Having spoken to customer services we are directed to look in the handbook where it says the guarantee excludes "ancillary drive belts" and that is why they cannot cover it. Now I'm no mechanic but I could guess that a timing chain had nothing to do with ancillary drive belts and asked a mechanic friend to confirm this, which he did. He also said that they are not considered a "wear and tear" item and very rarely need to be changed in the lifetime of a car. I'm struggling with why this claim had been declined, surely the mechanic knows the difference between the two parts, what is and what isn't covered? We tried to re contact customer services but told that if we want to dispute the claim we have to put it in writing, which I have done but takes 7-10 working days. Considering the car has already been sitting in their garage for the last 2+ Weeks the idea of potentially waiting another 2 weeks is completely ridiculous, especially as I'm a midwife/health visitor and need the car, I'm really struggling. If anyone has any tips to help, if be eternally grateful...

Hi We have a problem with Carcraft and their Drive Happy warranty. We bought a vehicle from Carcraft at Trafford around 18 months go. We were sold a 5 year Drive Happy warranty, partly because we were told we could take the car to Trafford if there were any problems. We had the 6 month service and were told they did not accept cars for servicing at Trafford and we would have to go to either Liverpool or Rochdale. In this event Carcraft allowed us to take the car to Trafford and they took it to the service centre, however we were told this was to be a one off and in future we would have to take the vehicle to the service centre ourselves. Late last year we took the car to the Rochdale centre with a problem with the central locking. In short some of the doors were not responding and could only be unlocked from the inside. Carcraft told us there were no apparent reasons and that was that. Today my other half took the car again to Rochdale for servicing and MOT. The MOT was carried out and she was told the car had failed due to the issue with the central locking. We have been told this is not covered by the Drive Happy warranty as we should have had the car serviced about 3 weeks ago. Having read the T&C of the Drive Happy agreement it states your local franchise dealer will advise when your service is due.. At the time of signing the agreement we were not advised of this. It may be that we are at fault for not servicing the vehicle 3 weeks ago, however we had highlighted the problem with Carcraft at least 6 months ago and they refused to accept there was any problem with the doors, despite them not opening or locking except from inside the car. Any advice please, except don't buy from Carcraft, we have worked that one out for ourselves. Thanks

A question: If I had one of these cars that are being released onto the market that drive themselves, and I have a sherry to many and then get stopped, who gets done, me or the car? After all, I wasn't driving, the car was and it's the driver that gets the ticket ?? Can I be the only person in one of these cars without a license, again, it won't be me driving?

I bought a car from CarCraft on 29th April 2014. Im happy with the car but i now noticed ive been signed up for a Guarantee package costing over £3500.. The document says i can cancel in 30 days but the fiance document says if i cancel i must pay the full cost of loan back to finance company if cancelled within 14 days! What should i do? I want out of this policy!

Hello everyone, newbie here Ive searched through the forums and found similar cases but expect for one important thing. Ok so heres my story My 4month old HP laptop's cd/dvd drive didnt work - it couldnt burn cds or even read them. So i took it in because i had the knowhow insurance. the rep in the knowhow section in currys, took my details and said it will be sent off so it can be looked at. bearing in mind this was the 1st time i have had a laptop, i had no idea that needed to back anything up and i didnt even think of backing anything up because it was a cd drive fault and not anything to do with the drives itself (im thinking of things like viruses) also the tech guy at currys didnt say anything either. 1 week later, my laptop arrives back at currys and i went to collect it but couldnt check it as the battery was completely dead. So once it was charged at home, i switch it on and see they have completely re-installed windows and all my saved work and photos in c drive have gone... luckily couple months ago i decided to partition my hard drive, so anything i saved on d drive was saved. Also i do monthly backups normally at the end end of each month, so anything i had not saved from march 28th onwards was not saved on my external hard drive and there was a fair bit of files i phoned up knowhow straightaway and they said that the techguy shouldve warned me and he will email currys. But i have no faith left in them as it has been a rollercoaster ride ever since i have bought the laptop and the accersory bundle... (the sales rep tried to make me look like a liar and say i didnt buy the acc pack, but i proved him wrong as i made him write that i was owing an acc pack on the reciept itself. But after many emails to customer service - who are biased people anyway - got sort) So i want to know is what are my rights and what can i get out of this as i had important work saved and photos saved on it too.

If it meant you did not have to be put into the sales funnel at the dealership? If it meant you could enjoy a test drive without obligation? If it meant you did not have to share your data to be used without your consent at the dealership? Are you aware when you visit a dealership and give them your name and details, you are logged and tracked and talked about often with other dealerships? If it meant you could drive several so you could decide what and whom to buy from? If it meant you could be part of a like minded car club?

Does anybody know wy there is a clicking noise coming from my wetern digital caviar 640gb hard drive ? Pc is not recognising it. When i boot up windows its freezes at the windows start up screen ? When the drive is connected everything seems to be very slow. As soon as the drive is disconnected everything speeds up ?

Firstly I apologise if this thread is in the wrong section...I'm new to this forum. In January 2013 my son was involved in an accident and was breathalysed atthe side of the road. The breathalyzer registered positive and he was taken tothe local police station to be breathalysed on a more accurate machine. It was registered at virtually 0 and theyapologised and said that the breathalyser at the roadside was ‘faulty’. May 2013 – five months later - he was drivingthe same car in North London and was ‘rushed’ by two police cars swerving infront and forcing him to the side of the road. When he queried what was happening they stated that there was a noticeagainst the car registration for a drink drive offence. Mindyou this is 10 a.m. in the morning and he was on his way to lectures at theUni. Whether they thought he was drunk at that time I don't know - perhaps they don't think at all. Obviously I’m now concerned that the insurance company will attempt tocancel the insurance … My query is how do I find out whetherthis notice is still in existence, how do I get it removed.

Last May my husband purchased a car from a Toyota dealer. Fast forwward to today and we decided to purchase another car from the same dealer but using our car as part ex. We have ripped the house apart searching for the V5 but couldn't find it. My husband of couse blamed me as I usually put things in safe places but can never remember where. We called the DVLA to see about requesting a new V5 only to be told the car isn't and has never been registered to us and is still registered to the dealer. Now I'm sure we received the V5 but it would appear not (bearing in mind we have had 8 cars in the last 8 years so maybe I was thinking about another V5 we have received) What I am wanting to know is were we ever insured to drive the car. My husband and I are named on the insurance policy and I clicked yes to my husband being the registered keeper but honestly had no idea he wasn't until today. Also what puzzles me is last July my husband was sent a letter from the police as he was caught speeding and opted for the speed awareness course. I always though that if you were caught speeding the police would go to the DVLA for the registered keepers details so they could issue the fine. We called the police who issued the letter and they say that they would have gone to the DVLA who gave them the dealers details who in turn advised the car had been sold the my husband. So once again why didn't it click with the dealer that they were still down as the registered keeper almost 3 months ater selling the car? Any help would be much appreciated..

I have a faulty hard drive that is eligible to be replaced under warranty. The company no longer has the exact hard drive in stock and so they say they need to get a replacement sent from the manufacturer which could take up to 2 weeks. In their terms and conditions they say that with warranty replacements, the replacement will be of equal value and performance, or superior value and performance, dependent on current stock levels. They do currently have the 750gb version of my hard drive (I have the 500gb one) but said they couldn't offer a part exchange on that, but i could have it for £95 if I wanted. Should they be offering this drive as the replacement or are they right in offering the direct manufacturers replacement at a time delay of 2 weeks? Any advice would be great!

Hi, I was involved in a non-fault accident and the other drivers insurance accepted liability. Drive Assist took the vehicle to Motorfix to be repaired. The vehicle was repaired by Motorfix and returned all ok. I received a letter from Motorfix telling me that as Drive Assist is in administration that I am liable for the £1250 repair bill. They have given me 7 days to pay before they take court action. In the letter they sent me, they said "that by handing the keys over to them that I am now responsible for the debt". This seems to be very unfair, as my insurance company arranged the repair through Drive Assist, who then got Motorfix to repair. Plus the accident wasn't even my fault, so surely I should be the last person to be stuck with the bill or do they actually have a right to claim from me? Any advice on this would be great, I don't think they do have a right to claim from me as it was my insurer and Drive Assist who instructed them but I am not 100% on this. Thank you for your time

Hi, I really need help on this situation. Third party vehicle reversed out from the driveway and hit my car on the passenger side door, front wing, alloys and front bumper. They accepted liability. So called up my local BMW (Sytner BMW Chigwell) after my insurance company was failing sort out anything, local dealer gave me number for their accident management company "Sytner Drive". Took my car to the local dealer Sytner BMW in Chigwell were lady from the body shop had a look at the car. she saw the damages and i also pointed out few other damages example suspension damage, stereo issue, air-bag sign as well as car steering towards the right and noises coming from the bottom the car while going over humps. when to pick the car from the dealer after they said my car was fully repaired, on the way going home i noticed the car was still steering towards the right and something still scrapping bottom of the car while going over hump, stereo wasn't working and when i parked up i could see both front suspension wasn't equally level, as one was higher than the other. So called up my dealer they took the back. repaired the stereo but as anything else they are saying its not accident related because they believe the problem is not driver side suspension not the passenger. the garage done two geometry test, they couldn't find anything wrong with the suspension at first. so they inspected the vehicle found the problem. when spoke the engineer he tells me its possible wear and tear, could be problem with spring, wisbone and etc. he wouldn't be able to tell the exact fault on the suspension nor can he give me assessment report. i know by applying little common sense to this, when my car got hit on the passenger side i felt the car move towards the right. straight after that while driving i went over the humps and started to hear scrapes on the bottom of the car. even if i drove my 1-5mph speed it still scrapes something in the bottom. any help or advice would be much appreciated, plus i called financial ombudsmen and they cant help me on this.

Just wanted some advice, my son and his friend parked a car on my drive as they wanted to work on it, the car belongs to my sons friend, its been there a year now and I want it gone. I have asked my son to contact his friend to arrange for the car to be moved, so far my son has not been able to contact his friend, so he says, can I dispose of the car? It is not drivable, it isnt taxed or mot'd, am I allowed to dispose of it or must I just leave it there?

http://www.consumeractiongroup.co.uk/forum/showthread.php?369613-Advice-on-a-Hire-Purchase-agreement&p=4030233#post4030233 can someone check i am correct please dx siteteam

Ok guys My question is how long do these people have to issue a speeding fine letter ? Reason i ask is because i was doing 33 or 34 mph in a 30 limit near our home, i have always done this speed and never seen this Van in my life but lately they have been all around our area. I was doing 33 or 34 mph on the 4th September and not heard anything as yet Secondly do they have to make themselves visible to road users ? This van was parrell parked between 2 cars making it hard for people to see him until it was too late.

My sons Xbox 360's disc drive stopped working so I bought a replacement one from ebay. I followed the You Tube tutorials to replace it. Everything seemed ok, but the new drive will only play DVD's and CD's. It won't play any games. Anyone know what I need to do?

Dear all, I hope someone might be able to assist me (on behalf of my mother). My mum, in previous good health has suffered a number of heart attacks over the last few weeks. She should hopefullly be back home from hospital later this week, but has been fitted with an internal defribulater which means that due to DVLA rules she cannot drive for 6 months (or if she gets a 'shock' during that period, six months from them). She owns a car where she is the insurance policy holder and my father is a named drivers. She is obviously going to let them know but is unsure what the best option will be as my father will still use the car from time to time and she ideally would like to after 6 months. Can she just be left on the policy as the holder and simply not drive, or would she need to do something else. (She will be handing her driving licence back to DVLA until she can drive again). Appreciate any advice you can give as to easiest/best option. Many thanks.

Hi, be really grateful for any advice..... Back in Jan I passed out, and hit my face etc... I went to the docs who said that we had to notify the dvla, which we did. I had to fill out a medical form and was instructed by the doctor not to drive at all, which I didn't for about two months, I rang the dvla to see how it was all progressing to be told that they were really behind by about 2 months, so they hadn't even got to my case yet, but if my doc said it was ok to drive in the meantime it was all up to him. By this time, I had paid to go private and had lots of tests, scans, ecg's etc, and all were completely clear, I had been well and had not had any sign of another episode... I had been involved in a very stressful employment tribunal at the time when the pass out occured and to be honest everyone thinks it was stress......anyway doc says I think you are fine, drive, so I have done so for around a month now. This morning a letter arrives from the dvla saying that they are revoking my license, not from today but from four days time and for a period of six months from the episode, it is then likely to take another eight weeks to officially get my license back on top of this!!! I am really peeved, I live in a village, am self employed and have three kids that need running around, and my partner is always working too. I think it is all really ridiculous, and more so when they say oh you can drive for the next four days but then that's it, why say it's up to the doc then say it's 6 months from date no matter what as that is their rule???I would be grateful for any advice anyone may have on how to resolve this, I have had every test going and no know that I am actually very fit and well!!! I have to be able to drive or everyone including my business suffers aswell, and all tests are clear! Thanks in advance if anyone can advise!!