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  1. Sorry its long just want to include all the details. On the 17th March I bought a 1.6 16v petrol Citroen Xsara Picasso 77k on clock from Trade Cars of Cleckheaton http://www.tradecarscleckheaton.co.uk/ for £1200 paying £700 cash and £500 on a debit card. On viewing the car when I first started it the car gave off quite a bit of smoke for about the first 30 seconds which cleared, the garage staff said, "it will be just condensation as its been standing for while". I test drove it and it drove ok apart from a front anti-roll bar needing replacing which I agreed to do so I bought it for £90 off the price. I didn't notice it giving smoke on first starting for first couple of days then when I did I monitored it for a few days and it was smoking quite heavily for about the first 30 seconds which then clears, and there was oil on the drive. I have monitored the oil level and it hasn't gone down. The oil leak was Power steering fluid coming from the steering rack. From Googleing the symptoms of the smoking I diagnosed it to be the valve stem oil seals, which when I got round to taking it to my mates garage he agreed and confirmed, he estimated about £650 to do the oil seals on that engine model, we didn't even discuss the steering fluid leak. He suggested trying some Oil Leak Stop fluid stating "it tends to either work or it doesn't with no inbetween" the can said it can take 200 miles to have its full effect. It was Thursday 30th March when I got round to contacting the garage after giving the fluid a chance (it didn't work). They insisted I contact Warranty wise and try and claim on the warranty, I told them they would not pay out but they still insisted so I submitted a repair request that was declined by Warranty Wise, the garage said they would now take it up with them and should get it through. This toing and froing took until Monday 3rd April when Warranty Wise offered me a goodwill gesture of £150 as they say the repair is not covered on the warranty I have been given by Trade Cars. At this point I emailed Trade Cars last night at 10pm stating I want to return the car in the morning for a refund due to it being of unsatisfactory quality and quoted the Consumer Rights Act 2015. I received an almost instant reply at the top in block capitals it said WITHOUT PREDUDICE, then : Dear Mr Leonard Thank you for your email. I will forward this to our legal advisor who will be in contact with you shortly. In the mean time we can not accept the return of your vehicle and suggest you await this response first of all. I telephoned them today asking when I can bring it back and the woman I have been speaking to said "we can't just take it back there's a process we have to go through our legal advisor should contact you shortly. One thing I am a little concerned about now is that when buying the car I was signing all sorts of stuff and counting money with a woman when a man came in and gave her a sheet which she asked me to sign and gave me a copy which I did not paying it much attention at the time it was a pre-delivery inspection sheet. Now the sh**s hitting the proverbial fan I have looked at it and most of the car is marked x for unsatisfactory, so much so it wouldn't get far at all if these items all had problems. I am beginning to get really annoyed about it and am thinking of taking it down there tomorrow and blocking the entrance to their lot with it until I get some satisfaction. Any advice appreciated thanks
  2. Hi, I’m new - after reading so many posts over the last few days I thought this may be the best place to ask for advice. So, last year my sister got caught receiving tax credit payments whilst her partner was still living there, she received a £300 penalty and was asked to pay back the £8k she received. A few months after this she did actually split with her partner and, to make ends meet (she has 3 children and works part time) she started a new claim as a single parent and started receiving tax credits again. She started seeing her ex again, he was staying a few nights a week and they were constantly on/off however he was providing her with financial support. A few days ago she received a letter from tax credits saying they suspect he is living there again and they now want bank statements, agreements for rent and council tax etc etc. Now officially they were on/off, and she did many times go to call them but then she’d split with her partner and wasn’t sure if they’d get back together etc and put off calling them as she was worried about money. I have looked through the bank statements during the dates TC have asked for as there are multiple payments from him which would look as though he was living there the whole time. My sister is absolutely petrified at what might happen, she’s calculated what she thinks they’ll want back and it’s around £6k. As this is her second offence, what might happen? If she’s completely honest and agrees to pay whatever she can back, would she get a penalty? Or as it’s now happened a second time, is prosecution more likely? I’m so worried for her, she has 3 young child (the youngest is 18 months) - any advice will be appreciated.
  3. Hi, I purchased a Peugeot 207 from a reputable dealer (or so I thought) for just under £3000 just over six weeks ago. This car is on finance. The car broke down, the clutch has gone completely, just after six weeks and I have driven less than 200 miles in the car. The dealer are blaming me for the fault and are refusing to put this right. I have quoted the consumer law 2015 at them stating that they have to prove the car didn't have the fault when I purchased it. They are still refusing to deal with the situation and that I have to pay for repair. Now I am desperate to get the car back on the road as I use it to commute and to pick up my kids from my estranged spouse. Should I pay for repair and try to claim it back? Should I just cancel the finance? Any advice on this welcome. Thanks Oh and to name and shame the dealer this is "Crescent Cars" in Baldock Hertfordshire.
  4. Hi All, I purchased a Galaxy S7 at the end January 2018 from Cash Converts for 250. It has been in a case since buying it with screen protector. Last night the screen has got a line through it . I looked at receipt and spoke with Cash Converters and they only offer 6 months warrant - No help at all. I am aware there should be a less expectation regarding the quality of second hand items and the fact warranty is optional. I am more interested in my rights under the CRA. A 250 pound phone should last longer in my eyes than 8 months! I have no experience with civil law. I just wanted to get a feel from people on here whether it is worth the effort pursuing this? With the fact it is a second hand phone. Thanks
  5. 2 weeks ago today I purchased from a dealer a Vauxhall zafira 2003 MOTd till March I was told it had only just undergone a service and was fine for driving In urgent need, I paid £675 and they delivered it when it was ready, Being a dealer I trusted them totally, they had nothing but good feedback Bare in mind also I am a new driver and unsure what to look for in cars ie faults and things, but she test drove perfectly. A few days later going down hill, with 4 children in the car My brakes failed, managed to get to a garage safely and quickly and paid for them to be sorted, considering the trader had claimed a new brake cylinder had been put it in, I was annoyed. Then a engine management light popped up, I mailed trader and she said Lamba sensors are damp, it will be fine, the car had little to no power and was struggling on hills in 2nd, and I could drive it with the handbrake on, also when handbrake was off you could flick it and it would say it was on!! so I asked my brother who builds bikes to have a look He found a split Tyre, battery tray was broken, one of the pipes that should blow hot air into the car was loose, Underpowered was because it was running at half power and the light coming on was the catalytic converter, The battery tray alone is apparently a instant MOT failure. I called the trader and she booked it into the garage to be looked at, garage spotted everything my brother had and rebooked for it to come back in, I went back a few days later and the garage did what only the trader told them to do. despite the garage saying the cat needed replacing the trader wanted it sprayed and apparently that would fix it. 6 hours later (yesterday) I was on my way home tired, and cold and wet and hungry ( 6 hours in the pouring rain in middle of no where is no fun!) This morning, engine management light came back on and this evening the clutch failed on the middle of a roundabout!! I managed to get it to the side of the road and called green flag who towed me home Now I spoke to the trader yet again and shes saying its driver error that broke the clutch, I made up about the hand brake and that there was nothing wrong with it and that she will look into getting the clutch repaired cheap as poss but If I sold it off as said I will, then I am going to be out of pocket because of how much the clutch is going to cost! I have asked her to refund me as she has sold me a car that wasn't fit for the road but she said I am wrong, there is nothing wrong with the car and I can go to trading standards but she will be in the right and I don't have a leg to stand on! Do I have any rights here or have I screwed up?
  6. Hi there, Yesterday I received a letter from Lowell & 118 (together in one envelope) that Lowell are now the new owners of a 12 month unsecured loan I stopped paying in November 2015. During this period I also defaulted on 4 loans with 4 different payday companies however by now I have taken care of all but this one. I fully intend to take care of the last of my mess which rules out the PROVE IT route but there are a few stumbling blocks before I can do so. After checking my credit report I notice a second default has been placed on my account. How do I go about getting this removed? After also checking my credit file I notice that the original default placed on my account by 118 was not placed until 28 months after the account went delinquent despite ICO guidlines which state that 'accounts should be defaulted 3-6 months from last payment date'. How do I go about getting the original default accurately recorded to early 2016? (Giving me a clean slate in early 2022) I would like to thank you ever so much for taking the time to read through this thread and any input will be greatly appreciated.
  7. I Bought a second hand Audi a couple of months back, part exchanging my old car. We are not talking a brand new car here but then there's not much change from15k either. From my first dealings with the garage they always seemed friendly and helpful but communication was always a challenge in that I constantly got different information depending on who I spoke to. Messages were not passed on and emails not answered. Having finally collected the car and after a few communication issues, more problems began to arise. Within a few days the new smelling car started to have a foul odour and it was then that I noticed air fresheners hidden behind the seats, four of them. I stopped to get fuel only to find the fuel cap wouldn't open without being prised open. This fuel cap was covered under the warranty and after complaining they offered to clean the car if I took it back but as it's an hours drive away I declined this offer to remedy this myself. I had also been promised a second key (when it was located) and the service book to be sent on recorded delivery as it was 'away being stamped'. The car was purchased in January and it's now the end of March and I still have nothing even though I have phoned and emailed twice within the last week. They have not responded to my emails at all and as far as I am concerned I was sold a car with a Full service history and actually have a car with zero service history – which if true could be worth considerably less money. I did finally get sent the V5 document but unfortunately this was first sent to the wrong address as they didn't manage to type that in correct so this document is possibly void? Since then I have had another Audi's V5 document sent to this address with another persons name. I'm sure this is just another error from them and is clearly some kind of data breach? I have sent emails informing them of this but once again I have been ignored. I could phone them but as they just fob me off I'd rather keep my communications in writing even if I am being ignored. I really don't know what to do next and have no idea how I stand from a legal point of view? It can't be right that I can spend this amount of money and get treated so badly and although they create the illusion of a professional company I think it's fair to say they are complete cowboys. It's not great that I have been sent another persons log-book either, not sure what to do about that? Apologies from me for the lengthy message but any help or advice would be greatly appreciated! Thanks in advance.
  8. Has anyone been asked to fill in a second full PPI questionnaire after completing their online form? I rang them up about this and they said that the posted questionnaire had some additional questions and this would help them to assess the complaint. I'm naturally concerned that this is another delaying tactic as they do seem to be going at a glacial pace. I also wonder whether they're looking for differences between the online submission (that they don't send you a copy of) and the new form. On balance I don't think I'll bother to spend another half hour providing them with information that I've already sent them.
  9. Hi This is the second post I have going at the moment but I really need to clarify. Back in 2009 I took a second mortgage. I had a fixed rate for 4 years then went to tracker. After 4 yrs and credit crunch I said to the lender I would like to change my rate to be told I couldn't as it was a secured loan not a mortgage. I stated no its a second mortgage and all my paperwork refers to it as a mortgage. I now also own my own home Mortgage free (still own and selling the property with the second mortg,) in my paperwork it states I can transfer the loan onto the new property. I called them (The company who now own the second mortgage as it was sold which was in term and conditions apparently) I was told because I don't have a mortgage on the home I live in now I cant transfer it. They also say its a loan not a mortgage. They also told me it was covered by European Mortgage which I said it was under £25k so covered by CCA. I complained they agreed they were giving wrong information but I notice their paperwork no longer refer to it as a mortgage but loan. What can I do Is it a Mortgage or a loan. If its a Mortgage then I could have reduced the interest rate years ago. Are they pulling a fast one. The settlement figure means I am just in neg equity
  10. Hello, Found myself stuck in a bit of a situation and feel over my head. Have just received a letter from Lowell solicitors in the post titled 'Second notice of county court judgment (ccj) arrears - £150' This is from an old debt from orange dated 2013 or thereabouts. i last received a letter from them in 2015 and have never contacted them in-regards to the debt. The letter starts We wrote to you previously regarding your judgment arrears, but we are yet to receive the payment as required under the terms of your CCJ. As a result you currently have arrears of £150.00 This is the first i have heard of any CCJ or any letter other than in 2015, the debt is for a small amount of £590 repayment is no issue, but i wish not to cause further harm to my credit file. I have checked my credit score on clearscore, no sign of ccj or any changed or listed debts etc. Paid and checked my name and address on registry trust,once again nothing registered. My problem is where do i go from here? Who do i contact? What do i ask? Why isn't this supposed CCJ showing on my credit file or the trusts website? My current address i have lived in 8 months and is registered to my name on electoral roll etc. Previous address i lived in for 3 + years. The letter further on threatens county court bailiffs etc attachments of earnings etc. Repaying the debt is no issue, what is important to me is my credit score. having spent the last 4 years rebuilding it i would like to keep it on the up. Ok so i have just checked my credit file in depth, i have just found this. What changed in August 2017 You are now on the electoral roll at your current address •You opened your LOWELL PORTFOLIO 1 LTD (I) •Your LOWELL PORTFOLIO 1 LTD (I) account went into default •You closed or settled your LOWELL PORTFOLIO 1 LTD (I) account When i check on noddle i am greeted by this active court judgment. Judgment date 20/06/2017 Amount £ 587 Court name County Court Business Center On the accounts page it shows an open account with Defaults monthly since the opening of this account. Looks like my credit score is shredded Thanks in advance guy.
  11. Hi All, On 4-Aug-2017 I test drove VW EOS 2.0 FSI(2006) convertible which has done 67500 from a car dealer in Birmingham. Paid the deposit of 300£ to confirm the same day. Asked him to fix minor things like Covering cigarette holes from seats at a couple of location, changing wheel caps, under bonnet insulation and full valet. Dealer verbally agreed to get this fixed and said he will get the 12 months MOT done as advertised on Autotrader within a couple of days and asked me to transfer remaining amount 3450£ asap. On 5-Aug-2017 I transferred the remaining amount 3450£ (Total = 3750£) on 11-Aug-2017 I got the car from the dealer with the receipt (Offical date of owning the car) saying he couldn't get hold of valet guys so will get it done when I visit him next time. he didn't do anything except MOT (10-Aug-2017). As I was eager to drive the convertible, I accepted foolishly. While driving back home to Coventry, I realised the left wing mirror is loose and cannot be operated properly via driver side button. Called dealer on 12-Aug-2017 and mentioned about the issue. Dealer said he will look into it and asked me to bring the car the following week. Having doubts over the car, I properly checked the car only to find big single line crack on the windshield at the bottom edge. This was covered by wiper blades. Wiper washer pressure was too low. Blamed myself for not looking carefully before buying. Also found out the roof was leaking. Texted the dealer about this issues on 14-Aug-2017. Took the car to the dealer on 16-Aug-2017 (As he was only available on that day) and asked him to fix the issues. 23-Aug-2017 the dealer gave the car back saying he fixed some issues like Wiper washer pressure, insulator, valet (half), roof leak (still persists), attempt to fix seat holes. But did not repair wing mirror or windshield. As I thought I didn't hold any right to reject on wear and tear parts accepted 125£ cheque towards fixing the wing mirror and windshield myself as travelling back and forth and leaving the car for weeks time was tiring. My doubts regarding the condition of the car grew as no reputed dealer would do this took the car to local VW specialist garage for inspection on 25-Aug-2017. Got the report that CV Gators split and Console (wishbone) bushes separated (replacement cost 360£) and they mentioned that MOT shouldn't have passed as bushes don't get separated within 100 miles drive. Mentioned the same to the dealer who replied back saying MOT had passed and it might have broken any time afterwards and I am expecting a brand new car performance from a 11-year-old car and should accept this as wear and tears. But at the end said he will have a look if I get the car to his shop. Next day driver side door card came off. Looked like it was glued before. Booked a 15 point safety check from Halfords on 3-Sept-2017 as it was free. They reported CV Gaitor starting to split, front coil spring broken and rear disc badly corded and worn close to legal limits. Had enough and sent a rejecting letter to the dealer along with the reports on 4-Sep-2017 asked him to fully refund as I was within 30 days and as per consumer rights act, the car is faulty. Today 6-Sep-2017 got a call from the dealer saying he will fix CV gaitor, Console bushes and spring but won't repair anything else and there is no way he is going to take the car back. Asked me why Halford reports didn't pick up Console bushes problem and local garage report did not pick coil spring issues. I shot him back saying I am ready to get a full AA inspection done as he is AA approved dealer. Also, he mildly threatened saying he pays solicitor 1000s of pounds every month for this business and more than welcome to take the matter to court. I have had this car for less than 20 days now and it been driven for 250 miles of which 120 miles just going back and forth to car dealers place in Birmingham. Should I accept the fixes offered by the dealer and move on or should I take him to the court and get a full refund? Your thoughts are much appreciated. Regards, Mike
  12. Hi All, A friend of mine is having a problem that I'm helping with. He purchased a secondhand Mercedes sports car for £26,000 from what he considered a reputable car dealer (not main dealer)it was delivered Thursday 13th July 2017. They are FCA regulated (Ref No 658267 ) and a representative of (MBI) Limited (Ref No 312143) He paid £10,000 deposit cash and the rest on finance with Close, the first day he noticed problems which were reported the second day, he thought there were gearbox problems and noticed the active intelligent lights were not working. He was asked not to drive the car and either get it brought back or taken to a local garage to see the problem, he managed to get it into a Mercedes specialist on the next day - there was a 9 page faults list including electronics, possible not Mercedes front lights and engine misfiring on some cylinders. He did not drive the car as advised and called dealer supplied the report and asked for a refund, the dealer said he would consider it, I helped him draft a letter Monday 17th saying under the consumer right act - right to return, he would like the car picked up, and a full refund based on the independent report and his right to return a faulty car. I listed the main faults, I also noted the cost he had incurred in taking the car to garage getting home then having to pick it up again, he also had to pay for engine oil and other expenses. I sent this to the finance company as well asking for acknowledgment, they haven't as of yet. So far the dealer has refused a refund and said they won't accept responsibly until they have an independent report done, I pointed out that they have had that for 3 days. it's nearly a week and they have the car, the report, his money and he doesn't have any transport. Thoughts?
  13. Ok, posting this on behalf of my soon to be sister-in-law. I've tried to get what I thought were all the pertinent facts but I'm sure there are things missing. Anyway, getting to the issue. On 28th April 2017 she purchased a 64 plate Renault Clio from a garage. When test driving the car it had flagged up it had a puncture via the pressure monitor, but the garage advised they would get this sorted. On picking up the car the issue had indeed been sorted so she drove away happy. 1 week later she took the car back to the garage for the first time due to a scraping noise when using the brakes. This issue was resolved by the garage and has not occurred since. 2 weeks after that the car once again came up that it had a puncture on the built-in pressure monitor. She took it to a tyre place to be checked but they advised all 4 tyres were fine and had no punctures. The car was taken back to the garage it was purchased from and then returned with the fault said to be resolved. Just yesterday however the same puncture notification has come back again, and so the car has gone back into the garage again. They've advised they'll check all the tyres and sensors to identify the problem and if needed replace the tyres. Obviously however she and my brother are losing faith in the car as it's now been back to the garage 3 times, twice for the same problem. The potential problem is that they're now outside of the 30 day rejection period. The car was paid for via trading in an old car, for which she was given £1,300, plus another £500 cash, and the rest is via finance. I believe this is Hire Purchase finance but I've not seen the agreement and I'm not sure who it's with. It's a type of financing where she'll own the car at the end without a balloon payment being required as you'd get with PCP. Basically I'm wanting to know what options she realistically will have on getting the car back if the issue happens again. Despite being outside of the 30 day window does she have any rights of rejection and to get a refund? If her traded in car has been sold would she be entitled to the £,1300 they paid her in cash instead plus her original £500 back? If they haven't sold the car and can return her old one, but she's offered less on trade in from another garage will this one need to refund her that difference?
  14. I was on Incapacity Benefit at one time and years ago was sent an ESA50. I filled it in, sent it back, and was granted ESA WRAG, and never had a WCA. Now another ESA50 has arrived, and now I'm thinking they're going to haul me before a WCA this time. I'm also afraid that this means that my ESA has already stopped. Is this so? BTW, should I take my time in sending it back, or send it back as soon as I can? Should it also be Special Delivery?
  15. Hello there, my wife received a letter from ParkingEye Monday 22nd May dated 17th May 2017. This is regarding an outstanding parking charge amount due of £100 from Holiday Inn Guildford with the alleged offence occurring 5th April 2017. My main concern is that my wife did not receive a PCN beforehand. In the letter it states that 29 days have passed from the notice of parking but this is the first correspondence received. I still have the right to appeal but only if there are mitigating circumstances as the initial 28 days to appeal have passed. I would just like to know if I have a good case, and if ParkingEye are able to provide evidence they sent out the PCN if it has in fact been lost in the post? Also to add to this, my wife believes that this is a new charge and did not see any clear obvious signage, although she is used to the car park being free. Either one of us will go back to the site to see what signage is in place although the alleged date is over a month ago giving ParkingEye plenty of opportunity to change/add signage. The letter reads: “We are writing to inform you that the requirements of Schedule 4 of the Protection of Freedoms Act in respect of keeper liability have now been satisfied and as 29 days have passed from the date notice of the Parking Charge was given, ParkingEye now has the right to recover any unpaid part of the Parking Charge from you, the registered keeper. The amount now payable is £100.00. This payment is required within 14 days to avoid further action. If this letter is ignored, further action may include referring to a Credit Reference Agency to confirm the correct address, instruction of solicitors to secure immediate payment, referral to debt recovery or the issuing of court proceedings, all of which could incur further costs which may be added to the amount owed. To avoid further unnecessary costs or action, please pay the outstanding parking charge amount as stated above or make arrangements for the driver to pay, in accordance with the parking terms and conditions. Further information including how to pay, the right to appeal ect. Can be found on the reverse of this notice. Please be aware that on the 4th November 2015, the Supreme court dismissed the further appeal lodged in relation to the matter of ParkingEye v Beavis [2015] UKSC 67. The appeal concerned the value of ParkingEye’s Parking Charges and the Judgment, granted in ParkingEye’s favour, delivers a binding precedent in respect of the value of the Parking Charge. The Judgment can be found by visiting the news section of our website and the article: ‘Supreme Court uphold Court of Appeal Judgment’.” Any help would be much appreciated, many thanks.
  16. I purchased a car on the 08/04/17 from Jason Atterbury Cars in Leicester. It came with a clean MOT on checking out previous MOTs online I discovered some discrepancies. I took the car for a pre MOT check at my local testing station on the 29/04/17 they found that the car should of failed its MOT on 2 issues and also have 8 advisories on it. The car was MOTd by ther dealer on the 21/03/17 where it failed on exhaust gasses leaking and an advisory for the front shocker having a misting of oil. on the retest done on the 27/04/17 it passed as the exhaust had been welded and on asking about the shocker leaking the dealer said the mot tester wiped the oil off and it retested ok. All the advisories that it should have on it should of been on it since 2013 according to the MOT history check. I have reported it to VOSA and the AA as the dealer is part of AA cars. I called the dealer immediately on picking the car up and he said all he can do is have the car back and take it back to the MOT tester to let him have a look at it. I refused point blank as I can hardly trust the MOT tester that passed it in the first place to look at it again. I told the dealer he can have the car if I get a full refund(he rufused obviously) I'm unsure of what other action I can take.
  17. Hi All My defaults are dropping off my file . Can a second default be initiated against any of them , either by the original lendor or DCA new or old. ? Or is it one default term per debt ? Thanks Andy
  18. bought a second hand car from a person who actually sells cars and advertises them on the side of his house car got mot ok however when driving the car home saw that the mileage was not showing when i went to see it they said it was 100,000 anyway checked mot and last mot was 156000 got a m8 to check the mileage with a torch and it read 175000 what would you do????
  19. Hi there I am a Support Worker employed by a city council. I support someone with a very mild learning difficulty, but they are totally independent. They are able to cook, clean, self-travel, etc. by themselves, and our team is present 24 hours a day to ensure the service user does not make unsafe decisions about relationships, or get in trouble with the police for anti-social behaviour. They live in reasonably small, modern 2 bedroom flat on the 4th floor. The single bedroom is designated as the staff sleepover room. The flat is owned by a housing association, which the city council then rents. Therefore, the service user is not directly the tenant. We do not have guardianship of the service user. My question: The service user is a smoker of around 110 to 20 cigarettes/day. They choose to smoke inside their bedroom - sometimes with an open window but often fully closed up, particularly at this time of the year. If they are smoking in their bedroom, the smoke can be smelled by staff in the sleepover room - even with an open window. We have been told we have the right to leave their flat for 1 hour if the service user starts smoking. Upon re-entering after 1 hour, the smell of smoke is still noticeable. I understand 2nd hand/passive smoking is dangerous as its unfiltered, can linger in the air for many hours and the dangerous stuff is invisible. As I am working 12+ hour shifts each day in this environment, what rights do I have as a non-smoker? Should I join a union? Many thanks
  20. 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
  21. Hello everyone - I'm looking for some recommendations following a problem with an EE contract and phone. This is the current situation: My partner has a monthly contract with EE. Her phone stopped working so she took it in for repair under warranty. When it came back it was reported to be unrepairable due to water damage, even though it has been nowhere near water. She asked if she could buy a replacement phone to use with the existing monthly contract and was told by the guy in the EE shop that there was no way to do this because EE only sold phones for PAYG purposes not for monthly contracts. She was advised that the only way to solve the problem was to take out a second monthly contract to run concurrently with the first one, and let the first contract run out in due course. The second contract would come with a new phone. She felt pressured into doing this because she needed a working phone that day. My questions: Is it really not possible to buy a replacement phone from EE for a monthly contract? To be clear, she wasn't expecting a freebie and was willing to pay for the new phone. Even if for some reason it isn't possible to buy a replacement phone for a monthly contract, surely she could buy a PAYG phone from them and just transfer the 'monthly' SIM card? Is it usual practice for EE staff to advise customers to take out concurrent contracts? Isn't this mis-selling? Can we cancel the contract under the terms of the cooling off period? Thanks in advance
  22. 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.
  23. Looking for some advice please. I bought a second hand car just under six months ago, it is on HP. I also took out an aftermarket warranty with Warranty Direct. The dealer gave a 3 month warranty but I know the company they use are rubbish so I decided to get my own. A few weeks ago it broke down. Had it towed to my local garage (didn't take it back to where I bought it as its quite a way from where I live and they have any proper workshop facilities). To cut a long story short the engine has been stripped right down, and the diagnosis is seized oil control rings. Warranty Direct sent an engineer out who has reported back to them ( I am getting a copy of his report) and they have refused to pay out as in his opinion the fault has been present since before I bought the vehicle and has just got worse over the time I've owned it. The car only has 77000 on the clock and has a full service history so no one had expected an engine of that age to have this fault. I'm now left looking at at £1300+ bill. Given that I have something in writing to say that the fault was present when I bought the car do I have a claim against the dealer and/or finance company? And if so how should I proceed? Thanks for any help
  24. Hi All This is a long post so bear with me. I've done a lot of research and I think I know what I'm doing but I would really like to hear your thoughts, comments and suggestions on my tail so far. At this point in time small claims is unavoidable so any suggestions where my claim is weak and what I could do to address it would be greatly appreciated. I have laid out the story so far in a time line below. Many Thanks Jonathan At the beginning of May I purchased a Mercedes A Class A200 for £3000 including delivery. I stupidly bought it unseen from a dealer over 150 miles away using my debit car for the deposit and then the balance. I did call the dealer and ask a lot of questions before hand and do a HPI check which was clear. The car came with a 6 month third party warranty from WorldofWarranty.com which I now know is not worth the paper it is written on. 03/05/2015 Called dealer, Confirmed specification, Asked pointed questions about rust as 2005 mercs can have a problem, was told the car was good and although rust had been there is had been sorted. Paid deposit and received receipt for deposit stating car identity, amount and number of miles on clock was 105K 06/05/2015 had to chase dealer to pay balance 14/05/2015 Car is delivered by a driver, I have no time to look at the car as I have to give the driver a lift to the station to get a timed train. I do notice the instrument cluster display is blank/faulty I am unable to see mileage. 15/05/2015 I email the dealer say I am unhappy with the car and it is not as described. I outline the following faults which I have found. Ask dealer to call me · Engine is overcooling · Engine light on due to faulty glowplugs · Obvious and advanced rust in both doors and tailgate · 7K more miles on clock than advertised · Service history missing last two stamps · Instrument cluster faulty, no mileage displayed · Passenger side folding mirror faulty & unsecured · Both front tyres need replacing · Warped front brake disks, and rears badly corroded. 16/05/2015 email dealer chasing reply, I get what looks like an automated response saying I will get a response in 48 hours 17/05/2015 received email from dealer, says that the faults are not that serious and that he has already spent money fixing the car, stated that he has already spent putting a brand new shock and spring on the front and a hand brake cable. Dealer offers £100 as good will. 18/05/2015 I respond to dealer stating that some of the faults are serious and need to be addressed. I try to be reasonable and state that I will keep the car if they agree to two things They source two replacement doors in the correct colour within the next 6 weeks and I will fit at my expense, They arrange to have the glow plugs replaced at a garage or their choosing, near my address. If they agree to this I will fix the remainder of the faults myself. 18/05/2015 I get almost immediate automated response stating I will be contacted in 48 hours 21/05/2015 in the morning I send chaser email as I have had no response. Not long after this I spot a very similar car being scrapped on ebay. I contact the scrap yard and an able to do a deal for two doors and a tailgate for £75 each plus £80 delivery. 21/05/2015 I email the dealer stating I have found these doors and suggest that if they agree to pay for the doors I will pay for the tailgate. A couple of hours later I receive an email from dealer stating that he agrees to pay for doors but not postage???. I feel as they are agreeing to my terms outlined on the 18th that I will foot the postage just to get this sorted. That evening I receive an email asking for an email confirmation stating if they pay for the doors I will agree that they have resolved the issue and have been very helpful. 22/05/2015 I send email saying I am happy to state the replacement doors will resolve the rust issue but that I am still waiting for the glow plug issue to be resolved. 22/05/2015 late evening I receive £150 from dealer into my account for the doors. Over the next two weeks I chase the doors and get them fitted and sort out a trip to the garage to get the car looked over. Perhaps naively I assume the dealer is sorting out somewhere to get the glow plugs replaced. 22/05/2015 Concerned about how the car feels and sounds and now loosing trust in the dealer I put it into a local garage for them to service and look over. The following faults are found on top of what I had already discovered · Fuel filler pipe corroded · Centre exhaust corroded · OSF shock & spring broken ( the one they said they had replaced) · Flywheel worn I ask about flywheel and was told that although it is noticeably noisy there are no other symptoms like vibration, slippage, or poor gear change so just keep a close eye on it. The mechanic also stated that in his opinion no service had been carried out on this car for a very long time. The air filter had a 2011 date stamp on it and was effectively blocked. Having a broken spring and shock renders the car dangerous to drive so I booked the car in to get this replaced. 23/05/2015 two front tyres replaced £182 at my expense(I have not claimed for these) 24/05/2015 Instrument cluster from ebay fitted at my expense(I have added this to my claim) 29/05/2015 Replace all brake disks and pads at my expense(I have not claimed for these) 08/06/2015 I contact the dealer stating the doors have arrived and been fitted and that the rust issue is now closed. I request that we deal with the glow plug issue. I provide 3 quotes from local garages ranging from £220, £300 and £500. I state that I wish to go with the £300 one and in an effort to be reasonable and bring this to a conclusion I will pay the difference between the lowest and the middle quote. 10/06/2015 I request a response to my email from the 8th 12/06/2015 Again I request a response to my email from the 8th 12 06/2015 I get the front shock and spring replaced at my expense (I have added this to my claim) 13/06/2015 I receive a response from the dealer simply asking me to resent email 14/06/2015 while driving the car develops strong vibrations indicating the flywheel has taken a turn for the worst 15/06/2015 I resend my email from the 08th 15/06/2015 I arrange the car to go into a local Mercedes specialist to diagnose the vibrations. I give them the warranty information I was supplied with the car which appears to cover flywheel faults. Later that day they confirm the flywheel is faulty and could possibly disintegrate if driven. They tell me they have been in contact with the warranty company who will be sending out an engineer to confirm their findings. 16/06/2015 I receive an email from the dealer simply stating the final payment has been made and matter is closed. I don’t know if this meant they have sent payment for glow plugs or are just talking about the doors so I send an email asking for confirmation about what payments have been made and when. 17/06/2015 I call the Mercedes garage. The engine has been removed so that the flywheel and clutch can be closely examined. This was at the request of the warranty company. He confirms that in his opinion they are beyond repair. He confirms that the warranty company have sent an engineer to examine the flywheel clutch. He tells me I am looking at over £1000 for replacement. He will get a more accurate estimate when he gets the actual cost for the parts 17/06/2015 I immediately email the dealer stating that the flywheel and clutch have failed and that the warranty company are looking at it. I state that the warranty only cover up to £500 and the actual bill will be significantly higher. I state that as I have only have the car 5 weeks and have done less than 250 miles in that time then the fault was clearly there at time of purchase. I state I wish to invoke my rights under the sales of goods act and will either return the car for a full refund or accept a substantial contribution towards the repair. I ask them to call me to discuss. 18/06/2015 the warranty company call to inform the garage that the clutch and flywheel are not covered as they have simply come to the end of their life rather than suffering premature failure. They state due to the short period of time between the the inseption of the warranty (ie when I purchased the car) and the failure that the fault was already there when the warranty was started. 18/06/2015 I email the dealer stating that the warranty company have refused to cover the flywheel & clutch. I State they are now liable for the full cost of repair or I will accept a refund + plus the costs of diagnosis. I also state that the car is currently taking up a ramp at the Mercedes garage with its engine out and needs agreement today. I also state that given the time they usually take to respond to emails that I require a response today or I will be forced to have the repair done at my expense and will seek to recover the cost from them. I give them the number of the Mercedes garage and again ask them to call me to discuss. 30 mins later I get the following email form the dealer Sorry to hear once again from you that you are complaining about something else.We are surprise to hear every time you email us you come with new issue I spoke with gaffer and he confirmed that full and final payment of settlement has been sent to you last time when we replace the door and we have email to confirm it there will be no further emails. We are not here to make cars from Old to new You been given warranty Best warranty cover for this age and warranty allowed us to grant under the Act or under any condition on second hand car dealers are not liable for wear and tear That's why warranty been given so in case of any issue you can contact with them and get it repaired Unfortunately on this occasion i am unable to help Thanks Trying very hard to keep my calm I immediately send a response outlining all the faults to date. I pointed out the lied about the mileage, they lied about replacing the front strut and spring, they lied about servicing the car before delivery, they lied about it having a full service history and they lied about obvious rust being present. I pointed out they they have made very little effort to address the issues I had raised and that they where legaly obliged to do so. Yet again I stated that I either wanted a full refund including the cost of repairs to date or they paid to have the clutch and flywheel replaced. An hour later around 12:30 I received the following We received your email and pass it to legal department so they will answer you within 14 Days Thanks So I was left with a car in pieces in the garage and the garage pressing me for a decision as it was taking up a ramp and space. I could have simply got the car put back together with the faulty parts at a cost of £600 labour or I could go ahead with the repair at a cost of £1300, the only silver lining is as the engine is out it is very easy to replace the glow plugs and thermostat so that would only cost £100. I figured at this point it was reasonable to conclude that the dealer has no intention of refunding or repairing the car, they said as much when I asked about the glow plugs before the flywheel issue. If I simply paid the £600 and to put it back together I could get it home but it would be unsafe and unusable and a complete waist of money. Also I need my car for work. So reluctantly I reached for the emergency credit card and asked the Mercedes garage to go ahead and replace the clutch flywheel and glowplugs. 18/06/2015 I send a final email the the dealer thanking them for the confirmation that they would not be addressing any issued raised. As they are apparently an AA garage I send them a link to the AAs website where it outlines my rights as a buyer and ask them to send all my emails so far to their Legal department for review. I again outline the circumstances and their legal obligations and the consumer rights act and give them one more chance to pay for the repair or I will be forced to let the small claims court decide on all the issues. 19/06/2015 I send them a registered letter outlining the above except AS I was being forced to go the small claims route I was now including full repair costs for the flywheel, clutch, glowplugs, instrument cluster, Shock and spring plus a small amount to compensate for the additional 7k miles the car seemed to have traveled from me paying my deposit to it arriving. In total £1840 and I gave them 7 days to reply. 20/06/2015 at the suggestion of a friend I look up the cars MOT history online. It turms out that it had an MOT in March this year where among other things it failed on osf shock and spring its mileage at this time was recorded as 112K, no retest was done. Its next MOT was on the 12/05/2015 2 days before delivery, it failed on OSF shack and spring, it was retested the following day and passed with a recorded mileage of 112K. The OSF shock and spring was the one I had to have replaced. I think this establishes that the garage think nothing of selling cars with dodgy MOTs and that they knew the mileage when they sold the car. I have to date received no further reply from the dealer.I have retained all receipts, replaced parts and emails sent and received and I received from the warranty company an independent engineers report stating the flywheel and clutch where faulty when the car was purchased. Tomorrow I will send a final BEFORE ACTION letter and give them a final 7 days to reply. IF I don’t get a response by then I will start proceedings. As mentioned above any thoughts, comments and suggestions much appreciated. Thanks Jonathan
  25. Sorry for the lengthy post Bought a second hand 4x4 off a dealer, and it's had a wealth of problems. It was out of warranty (3 months - though I know this mean nothing), we took it to a local garage - in fact, we actually only took it to a local garage because of another issue, so weren't to know we should have taken it to the dealer (who's mechanics would not have been able to look at it for at least a week anyway). Here's my letter so far below (my partner is the owner, so in the letter I read as the partner). Our issue is right now, that he has agreed to get the garage he uses to fix the timing chain, but not for 3 weeks, and to be honest, a) this is the garage that looked at the car saying the brakes were ok, b) the mechanic who swore at my partner c) we have no guarantee when he looks at it in 3 weeks, he won't try and argue that it doesn't need doing, or is a recent fault and expect us to pay for it anyway d) we have lost complete faith in them. We have looked into it, and to hire a 4x4 pickup for this time, will cost more than the cost of the repairs. We also believe that he will fit non genuine parts, as there as no way that he could get fixed for cheaper with genuine parts. Also, we would have to, for peace of mind, have the car inspected afterwards. Where do we stand? Will we get anywhere if we claim for any of this? I know he has agreed to repair, but it will cost us more to go with that option. I've had enough quite frankly. It has made my partner ill (and I mean ill, he has a historic brain injury and the stress has knocked him down, and will effect him for a long time yet), and already cost us over £600 as we have spent 3 days trying to resolve. INFO: the car has done just over 2000 miles since we bought it, now at 80,000 miles. the issue with the brakes, bearings etc occurred approx 400 miles ago. The issue with the timing chain was diagnosed this week, but according to the mechanic has been present for a long time, and could have broken at any time. DRAFT LETTER I brought my vehicle from your garage on 3rd November 2015 for £9650. I collected on 7th November 2015, as you said you would have the car serviced and the brakes checked. Vehicle make & model: Nissan Navara Registration: XXXXXXX Before collecting the car you assured me that the car would be serviced and the advisory on the MOT certificate for the brakes looked at. On collecting the car, you advised me that there was no problems with the brakes and this had been checked and was satisfactory. After driving the car, I still felt that the brakes were not in satisfactory condition. You assured me, that the mechanic had looked at them and this was just ‘how they were’ on this type of car. Within a month, the car developed an issue which meant it kept cutting out. You said you would fix, but were unable to do so for at least 1 week, which meant I had to hire a vehicle in the meantime. I also mentioned the brakes again, and asked for them to be checked. When I brought the car in to have the issue resolved, the mechanic was extremely rude to me, but the car was booked in, and I was assured that the problem had been resolved and there was no issue with the brakes. The car did cut out a few times, in the next few months, but we put this down to the cold weather as it was very intermittent. At the start of February, I had to call green flag out due to an issue with car (a large metallic scraping sound from the right front wheel). Green flag attended, took the right front wheel off, finding rusted out brake discs, a loose track rod end. Green flag advised that they couldn’t see anything serious, but that I should book the car into the garage as the track rod end may need replacing, or that it could have been rust scraping on the car making the noise. The green flag mechanic advised, that he if needed he would follow me to the garage, or if I came into difficulties, to call Green Flag again for the car to be recovered. I said, I would book it into the garage and drive it there, but ring Green Flag if I had any concerns during the journey. Needing some new tyres, I booked the car into the local garage (Sidmouth Tyres and Exhausts), and asked them to look at the track rod end whilst it was in. I then received a phone call to say that the track rod end and bearings did need replacing, and the brakes were in such a bad condition, they were dangerous and needed to be changed. As I needed the car to be safe and useable, I agreed to have this done. This made me very concerned, as I had been assured by you that the car was in a safe condition and that the brakes had been checked, I booked the car in for a full service . I then had to go to an event in London, so planned to contact you the following week to see if we could find a resolution. The sat nav & media system also started to work inconsistently when i looked into repairing/updating, was told, they couldn’t do this, as it was a cheap Chinese import and hence, could not be repaired. On the day before the service, the car started to cut out again, we asked him to check this. On the day of the service (23rd February), initially, the mechanics thought it was an issue with a sensor and changed that, but after further research found that the issue was with the timing chain, and had been the issue all along. The mechanic believes that this was a fault when the car was sold. The mechanic advised that it was not in a safe condition to drive. My partner then contact you via phone on the morning of 25th February. You said, you would have to look into this. At this point you admitted that you had not had the car serviced as promised when you sold me the car. You said that as it had a recent MOT (1.5 months earlier and over 1000 miles earlier), you had not bothered with a service. You agreed to call back by 1pm You called back at 11.45am, and my partner explained the issues again. She also explain that the garage were prepared to write a report detailing the issues, and stating that they believed them to be there when the vehicle was sold. You said that I should have brought the car back to the garage. My partner explained, that this would not have been possible, as we had taken the car in for a service, and they were replacing a sensor (which was thought to be the issue), and it was only then that the problem with the timing chain was found. My partner explained, that the car was unsafe to drive, and that it could not be moved. You said that you could not authorise the repair without your partner, and this would be at the earliest Tuesday. My partner politely explained that we needed the car for business purposes, and if it wasn't fixed in the next few days we would have to hire a vehicle, which would be very expensive. My partner tried to be reasonable, and said that we would write off the money spent on brakes, bearings, car hire, sat nav, if you would agree to cover the costs of timing chain. My partner advised, that if we could not come up with a resolution, then unfortunately we would have to start with legal proceedings to claim all of the costs back. You said you needed to speak to people, and would call back by 2pm. You called back at 2pm and said that you would not repair the vehicle, or cover costs. You told my partner that she should contact VOSA about the MOT not showing up wear on the brakes. My partner stated that this was not up to her, as she had been sold the vechile with the MOT already, and that you had said you would service, and didn't. My partnet tried to reason with you, but you were adamant that it was not your issue. You were quite rude, and my partner was very upset. My Father then visited you at XXXXX, and spoke with you in person. You then agreed that you would speak to the local garage the following day and get the problem resolved. On the 27th February at 3.30pm you did speak to the local garage, and you then advised that you would not pay for the vehicle to be fixed by the local garage, but would have it recovered to your mechanic and that he would complete the repairs. You said this would be on the 16th March (nearly 3 weeks later). The vehicle would also take at least 2 days to fix. My father then rang you and asked if you would provide a courtesy vehicle, or pay for hire vehicle in the meantime, as I had to continue to use a vehicle for my business. You declined to do this. I then got quotes for the hire of a similar vehicle for 3 weeks which amounted to more than the cost of repair. I feel you have left us in a situation where we will have to get the car repaired ourselves, or we will lose money, not to mention the stress involved, and time taken.
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