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  1. hi, could somebody explain the purpose of a termination notice? i have been served a termination notice 14 days after being served a default notice which i believe to be correct. however i have been served another default notice which is dated the same day as the termination notice. also i am still receiving threats of fees and charges and am wondering the point of the termination notice.
  2. Hi, Just had a letter from the local council saying they are going to participate in the "Rental Exchange" scheme with Experian. Perhaps I'm being a bit over concerned, but the mention of Experian, council and sharing information immediately makes me extremely cautious! Should I opt out from this scheme? Incidentally, I have never had any rent arrears, so in theory should have nothing to worry about. Additionally, I wonder how much the council is making out of the deal, given that neither Experian nor the local council are world-renowned names in the field of philanthropy.
  3. Can anyone advise please. Does any possibility exist now to exchange from a one bed council property to a 2 bed if the rent is cheaper? Thank you for your help.
  4. I am a defendant in a fast track case. I have the other parties documents I requested copies of from their disclosure by list. There are other docs I know of the existence of and want the other party to disclose them as I think they have left them out because they will hurt their case. I have written to them requesting these be disclosed but have not heard back or received supplemental disclosure of these docs. I don't expect to hear back as they refuse to communicate with me regarding this litigation. I am planning to apply for a Specific Disclosure order and cannot find much guidance online on how to go about this. I want them to disclose specific documents, rather than to do an additional search as I think these should have been found and disclosed within the search they already carried out. There are 11 docs in total I want them to disclose. Some of the docs are mentioned by them in emails they disclosed, some are police records they can get through a subject access request, they have disclosed the Crime Ref numbers of these incidents and referred to them in letters they disclosed. My questions are: 1. What do I put in the draft order? 2. What do I put in my supporting evidence/information to support the application? 3. How do I refer to the places that bought these documents existence to light? Many thanks
  5. Got a call today, the message was made using a automated weird voice. Message was: Reward of £30 in vouchers for Black Friday - all you need to do is provide your signature and name of organisation I volunteered with - to be eligible for the vouchers. the number is 0786-***-1261 maybe belongs to someone else trying to get credit for my work placement?? Anyone else had this at all?
  6. Hey all Looking for a bit of advice please. I bought a pre-owned Samsung galaxy tab 3 from GAME earlier this month (still have the box, receipt etc). After having no problems with it, the last few days it has started restarting itself randomly - this could happen after a few minutes of use or even after an hour. When it does restart itself, it turns itself off and cant be turned back on for 5mins or so. Anyway, to me it appears faulty and took it back to my local GAME store today but was told that as its an intermittent problem, I need to take it home and then video it when it has a problem again. Is this a usual thing? Is there anything I can do besides sit and wait for it to happen again? Many thanks
  7. Hi all, need some advice please. We purchased Ultimate Amira Healthopaedic mattress via Bed Factory (1-4 Spence Lane, Leeds, LS12 1EF). We purchased the mattress on 25.4.16 for the nursery and started using it on 8.7.16 when our daughter was born. The mattress is not of satisfactory quality due to the wearing and sagging that's occurred within weeks. I'm of light build and a mattress should last years before that type of wear occurs. The retailer advised they're not in a position to refund or exchange and referred us to the manufacturer. Basically asked us to take pictures (which barely show the issue but it DOESN'T FEEL LIKE NEW at all) to be sent to the manufacturer to'make a decision'. I decided to contact the manufacturer and the retailer's head office directly as I wasn't happy with the store manager's advice. The manufacturer advised the responsibility lies with the retailer. The retailer's head office asked for pics to be forwarded to them. The mattress was comfortable to begin with, the past 2 weeks I noticed once you get up it doesn't regain its shape. I did my best with the pics- they barely show the dents and I'm worried I'm just being fobbed off. My last email (no reply to it yet) is below: Good morning, Images attached. Would you offer a comment on why Steve advised these were to be sent to manufacturer 'to make a decision' and it had nothing to do with the store? First attachment- please also take a closer look at the left border/side- it's not straight and already dented as well. This isn't what a new high quality mattress should look and feel like. Please treat this as a formal complaint- a similar replacement product would be an ideal resolution. We used the store before and bought the mattress for our master bedroom from you-still very pleased with it and happy with the service provided at the time. This is the reason why we decided to use you again-unfortunately, at the moment this situation appears a blatant attempt to fob off a returned customer. Please include at attachment or a link to your complaints handling procedure. So any advice on where I stand with this one and who I take it up with if I get no joy with the retailer would be much appreciated. Thanks guys!
  8. Hello. First post to the forum and well, what a mess. I think I've posted this in the right forum as there is no mortgage involved in this. When I found myself in the incredible situation I'm in, which I will expand on in a moment, I had a look on various help forums to see what information I could find on what happens when a property sale fails to complete after contracts have been exchanged. I found lots of posts along the lines of "in 20 years of conveyancing/being an EA I have never seem this happen" etc. So... Let's see what the experts here make of this. It's quite a lot to get through, but I suspect the devil is I the detail. Around Feb this year I was selling my house due to separating from my partner who wanted her share of the house. The only way to finance this was to sell and downsize so reluctantly I did what I had to do. My estate agent, ill call them SW, found me a buyer, an offer was accepted. After looking around, I found a park home property that I liked which I could buy outright with my proceeds and the thought of being mortgage free rather appealed. I then discovered that you were supposed to be fifty to live in this residential park, and I was just about to turn 49. I should stress at this point, I have not viewed any property, spoken to anyone or made any offers, I was simply aware of the property and the rule. The next thing I did was to office at the front of the park to enquire about how flexible this rule actually was. I spoke to a lady in the office who thought it probably was flexible but she said I needed to speak to someone with more authority than her. So I made an appointment to come back a couple of days later and on a scorching hot day, i spoke to a gentleman we will refer to as Brian. Brian introduced himself to me as the park manager. We discussed my age and the fact I was interested in the two properties that were for sale, and he told me the age limit was arbitrary and was there to make sure that no young people with children etc moved in, and having met me he was perfectly happy. A few days later, I went to the vendors estate agent, ill call them FS and explained that I was interested in the properties, that I was aware of the age limit, that I had been to the site and spoken to Brian the manager and he was happy. Estate agent FS arranged a viewing of the two properties and said he would confirm the age issue. I went to view both properties about a week later one very dark rainy evening and a few days later went back to FS and made an offer. Unfortunately, my first choice was then at this point taken off the market due to illness, so I made an offer on the second property. FS subsequently informed me the offer had been accepted by the owner, Ill call the owner Mr I from here on, and that he (FS) was now happy with the age issue. In May, when I was expecting to exchange i was suddenly informed out of the blue by FS that Mr I was looking at a different property and the whole process had to be started again at his end. I found out through a third party that Mr I has done this before. I made it clear that I was unhappy with this as I was part of a chain. Mr I switched again back to the original property, but for reasons unknown to me other than it was something to do with his ongoing purchase related to the fact he had switched twice, it was still taking an age. It was now June My own buyers were becoming impatient and threatening to pull out if we had not completed by the end of June, and not wanting to lose my purchaser, I put everything I own into storage, put my dog with a dog sitter and planned to move onto a friend's sofa for a few weeks. My completion came and went at the end of June, so I said goodbye to my home and I began to sofa surf. All the paperwork for my purchase was in place at my end, everything was signed and ready and all of my money from the sale of my house plus the difference which I had borrowed from my family was in the solicitors client account. We were still waiting for Mr I. In the first week of July I was informed that we would be ready to exchange contracts the following day. The following day it never happened and I was told that it was due to some important documentation that had been forgotten by the vendors solicitor. Exchange was now a few weeks away again... In the last week of July we finally exchanged contracts and set a completion on Thursday the 4th of August. I was getting excited, looking forward to a new home in a new community and getting my dog back. What happened next is well... Words fail me.. Luckily I have recently installed an app on my phone that records all incoming and outgoing phone calls. Every single one of the following phone calls is recorded in its entirety. Wed 3rd August. 6pm: I receive an email from my solicitor stating that the vendors solicitor had found out I have a dog and a car, do they have my permission to pass on my personal details. This seems odd to me. I am allowed to have a dog and a car, I don't know why this is an issue and everyone has had all my information, in writing, on all forms since day one. Amazingly the lady who sent me the email is still in the office, I manage to contact her and give my permission. I kind of detect from the way she is talking to me there is something she is not telling me. Thursday 4th August, 10.34am: I receive an email from my solicitor stating they have confirmation to proceed, they have a final completion statement from the other side. There is an outstanding payment of just over £150 for the months ground lease which I need to pay as the lease is being transferred to my name. I transfer the money, I ring them to confirm and thank them. Thursday 4th August 1pm: I go to the estate agent to see if they have heard anything and to hopefully collect the keys. They have heard nothing and can't hand the keys over yet. Thursday 4th August 1.30pm: I get a phone call from my solicitor telling me the park owners have put a stop on completion. I am advised to go to the residential park and speak to Brian the manager. On arrival at the park I ring Brian the manager and get through to someone else who tells me Brian has resigned. Over the course of the next few hours I end up speaking to my solicitor numerous times and a gentleman ill call Mark, who is a South England regional manager for the company who owns the residential park who from this point forward is the official spokesman and point of contact for the park owners. In these conversations, which have all been recorded, I learn the following catalogue of errors and points of information as I understand them. - Brian the manager and Mr I, who was desperate to sell his property as its been on the market for a considerable time, are one and the same person. - Brian I, was not a manager, he was a gardener who had no authority at all. He has misrepresented his position to me to assist selling his property. - The lady in the office was another resident who has never been employed by the park owners and should not at any point have been I the office. - The email I received the previous evening was a result of the fact that Brian I, or more correctly his solicitors, were legally bound by the lease agreement to inform the park owners of the sale and the park owners would then process my information and application along to take over the lease and move into the property. This process legally takes a minimum of 21 working days so should have been done at the very least a month beforehand. What had in fact happened was Brian I's solicitor never have the park owners this notice or any information about me until just before close of business on the 3rd of August. Less than 24 hours before we completed. - Both my solicitor, and the vendors solicitor should not have exchanged contracts without this vital step of the lease purchase/transfer being carried out. - Both my solicitor and the vendors solicitor are at fault for ignoring the fact that the age limit for the sale is not arbitrary, is stated on the lease documents and the fact that I am only 49, not fifty. - The park owners are not prepared to be flexible on the age limit, I am 7 months too young. Mark the area manager makes it very clear to me that, and I quote, "if this has anything to do with me, I will not allow this to happen because you are too young and it is wrong". - I am not going to get the keys, the sale is not going to complete the park owners are going to take their full 21 working days to process my application, after which they will accept or decline. - I am told that no money has changed hands officially, but it has been transferred and the vendors solicitors actually have all my money in their account. (£143000) - There has been a suggestion that Brian I's solicitor is going to sue me... After a very sleepless night, as soon as the offices open im on the phone to my solicitor. My solicitors is a very very large company and over the last 8 months my purchase has been dealt with at different stages by at least four separate people and now I find its been passed to a gentleman called Nick who I am told is a senior partner. Friday the 5th 9am: I'm on the phone to Nick. He tells me (and again all my calls are recorded) and I quote, "that I have been shafted by Brian" I and I have a massive strong case for legal misrepresentation but leave it with him to see what he can salvage. The park owners are exercising their legal right to take 21 days because contracts should not have exchanged without this. The vendors solicitor still currently holds all my money and he is going to see if he can get it back, however there is a huge question mark over this because there is a possibility the sale could be forced through and I would then own a property to which I have no right of entry, but then I can sue for costs... This nightmare just keeps on giving. After a very sleepless weekend, on Monday morning I went to the CAB who advised me that my best course of action was to go and ask for my money back and then if it wasn't forth coming make a complaint to the independent ombudsmen. Around 11.30 Monday 8th august, I walked into my solicitors and asked to speak to Nick. He took me into an interview room and we discussed the situation. I put my phone on the table and the whole following conversation was recorded. He kept pursuing the point that I have a case against Brian I for misrepresentation and against his solicitor for not following due process and only giving the park owners the lease application the day before completion and then exchanging without this process complete. I chose at this point in the conversation not to point out that surely both parties are equally as guilty for exchanging contracts before due process was complete? I should stress that at this point I have not yet asked for my money back, but I was about to. However before I do, and without any prompting, Nick tells me that late on Friday he asked the vendors solicitor for my money back, and they instantly returned it by bacs payment and that it will be returned to me in full on Tuesday. I asked him about the fees for his company that I thought I was arguably being unfairly charged thousands of pounds given the series of mistakes, and he offered me fifty % of all fees back. As I was trying to clarify exactly what this included, he said "you know what? I'm a nice guy, all costs, 100% will be waived and refunded. We should have the money back tomorrow as its coming by bacs, and we can pay it straight into your account." He then told me that I have dodged a bullet because if he was the vendors solicitor he would have forced the completion through as an associated purchase because he had the money, so I was very l lucky to have had such a lucky escape and the vendors solicitor had chosen to refund my money. He also told me that now I've been given all my money and all my costs back, i have the option to walk away from this now. If I do, Brian I may try to sue me but it's unlikely because 1. he basically doesn't have a leg to stand on due to his misrepresentation and 2. The exchange of contracts should never have taken place given the incomplete documentation and so these contracts wouldnt stand up in a court of law. Tuesday the 9th mid morning I've an email and a subsequent recorded phone call confirming my money has been returned and all of it, including all refunded solicitors fees have been paid to me via bacs so will be in my account by Friday. Tuesday 9th 12.00 I've just had a phone call from Mark the residential park area manager saying to me that he's found out some further information on me and wanted me to confirm whether I own a certain type of commercial vehicle (a taxi), I confirmed I do. And he's found out that I own 7 motorbikes and would I confirm this. I don't. I own two. One is a road touring bike, the other is a restoration project and I confirm this to him. He's told me that in addition to clearly breaking the rule on age, I'm also breaking the rule on not being allowed commercial vehicles, I haven't told them I own a motorcycle, Im not allowed to own a motorcycle, apparently I'm only allowed 1 vehicle, I have 4 (1 taxi, 1 private car and 2 bikes) and the more he looks into me the more rules I'm breaking. I find this odd because at no point have I been made aware of the fact that I'm not allowed to have a taxi. My job has always been a taxi driver and its never been a secret. At no point have I seen any rule that says I'm not allowed to own a motorcycle and no one has ever asked me if I own one. I find it interesting that he's obviously looking into me and my affairs from some unknown source, and finding out half truths. It would be interesting to know where on earth he got the idea that I own 7 motorbikes, or actually even why he's looking into things like this anyway. Tuesday 9th August 4.45 I phoned my solicitor to double check my money has been transferred i am told that that the bacs payment was changed and I am told "Well, there was a bit of a fuss in the office about getting this money to you. I don't know what you've done, but whatever it is you've done it right. Your money is coming into your account tomorrow morning by TT and we are refunding literally everything including waiving all transfer fees" I then her and ask "so where does this now leave me. Can I just now walk away from this farce and am I free to start looking for a new home?" She answers "yes you can. Enjoy." So as a final summary, after the catalogue of cock ups: The vendors solicitor has refunded all my money in full without question. My solicitor has refunded 100% of all fees without question. Both of these things suggest to me that they know they have done something wrong and I can almost hear them in the office trying to get rid of me. It's looking fairly certain that my application for the lease on this property isn't going to be accepted, I've already broken the age rule, the no taxis rule, the no motorbikes rule and the number of vehicles rule and I haven't even completed yet. But bearing in mind that so far I've been lied to and misled by the vendor, messed around by the vendor with his switching of properties, had the completion blocked by the park owners who have made it pretty clear that my 11th hour application is going to fail and given that all my money and fees have been refunded from the solicitors on both sides and I still homeless, I'm ready to just walk away from this mess. In fact I think my mind is made up So if anyone has made it through this far, there are a number of lessons to learn. Always get things I writing. Don't complete on a sale without a purchase. And if anyone has any advice for me, I'm all ears because I'm worried this isn't over yet.
  9. I have been involved in a car accident where as a car reversed into mine while I was sat stationary with engine off. At the scene of the accident I swapped details with the other driver, who contacted me the next day to say that if I was to get a couple of quotes, they would look at paying for some of it. The garage I took it to have advised me to go through Accident Exchange, instead of going through my own insurance company to save my no claims. Has anyone any knowledge regarding this or any advice? Thanks
  10. Hi My partner ordered some bridesmaid dresses from an in-store catalogue, yesterday she went to collect the dresses which were delivered to store. One arriving home and opening the box she noticed she has been sent the wrong colour. BHS have admitted fault on this and have asked her to return them. However they are refusing to exchange only refund. The dresses were 20% off when she ordered, they say they will honour this but only if she re-orders today. Considering the cost of the dresses she does not want to re-order until she has received her refund. Does anyone have any advice? Is there any case for making them exchange considering it is their fault? Thanks in advance.
  11. Hi, I have just been delivered a car from Accident Exchange whilst my 5 week old car is in the body shop. A lorry hit me on the motorway and they have admitted full liability. I am very worried now after reading this thread. Do you have any advice please?
  12. Low and behold.. another CRS issue!! I have spent a lot of time on these threads, trying to sort out my dreaded CRS issue dating back to Feb 2013! After using some of the replies in past threads, which i thank Slick very much for, i feel like i am at a dead end now. Background story goes.. Joined New Fitness Exchange in London in Feb 2013. This was a 12 month contract valued at £29.95 per month. I changed location (back to sunny Yorkshire) at the end of Oct 2013. I went to the gym to advise them of this before i left and was verbally told that was fine. I asked if i required proof and i was told no. I proceeded to cancel my DD. Months flew by, and it wasn't until August 2014 i got my first letter from them. This stated i owed a whopping £242.50 - inclusive of their ridiculous fees. I wrote to them and asked them to send me a copy of my agreement, because after thinking about it i never actually got one to take home, not only that, i was rushed through it when i joined so didnt really read it. (my bad really) They sent me a copy and it clearly stated the relocation clause. So i responded with my story of going in and letting them know verbally of my relocation. From reading my agreement, i realised i should have paid a final months membership - which i did not. So, thanks to previous posts on here, i sent out a letter offering my final month's fee as a settlement figure and asked for a response within 14 days. Attached is the whole email trail and their response. Any help would be very much appreciated LCOEN
  13. I visited car craft on friday 21st nov at 10am. We were greeted by a lovely sales assistant who explained who and what car craft was. After narrowing down our choice of cars we took a few for a test drive. Finally decided on 207 gt. After having decided we talked with sale rep in more detail about the car. At this point I informed him of my job as a care assistant. My job involves a lot of driving from client to client so the mpg on the car was by far the most important thing. He advised us that I was looking at 35-40mpg. Which compared to current car was amazing as I was lucky to get 22mpg. So we signed on the dotted line an drove away happy at 6pm. I put £20 petrol in on way home and a further £20 on the Sunday afternoon. So to say I was surprised when my fuel light came on on Monday night 4pm. is an understatement when I had only done 80 miles. Having talked with my husband we decided it was the way I was driving it. Bit heavy footed he said. So on did a test. I went to the garage and put £42 super unleaded in. My range when up to 250 miles. Following day went to work as normal drove 14 miles in total keeping revs below 2 and my mpg between 35-45. Most the time a lot more 79 at one point. But my range had dropped to 184!! I immediately phoned car craft and the lad said service is closed now call back tomorrow but it sounds like a petrol leek. 10 mins later car craft phone me back asking how I'm getting on with the car. But of a coincidence I think. I then explained again the problems I was having an he told he this is normal for a gt. I said if that's the case ive been sold a car that doesn't suit my needs and I would be bringing the car back to exchange. He said not all finance companies allow the 7 day exchange policy. At no point was I told this. Could anybody please advise me on any of this please
  14. Does anyone happen to know whether the vendor can introduce restrictive covenants after a house has been purchased at auction and contracts exchanged without negotiation with the purchaser? thanks
  15. I just received a letter from British Gas - "We would like to exchange your electricity meter. Every so often we are required to exchange your meter to ensure its continued accuracy and safety. Your electricity meter is now due to be exchanged and we need to arrange a date and time to come to your home and install the new meter...." Now - I have a gas meter with British Gas for my GAS supply And I have an electricity meter with EDF as my ELECTRICITY supplier. So why are British Gas writing to me telling me they are required to exchange my electricity meter?? just to try and get my electricity business too??? Curious. Before I throw the letter in the bin !!!
  16. Hello All Help and strong advice is needed today..... In August last year my hubby and I went out for a spot of lunch, we parked our car on a residential road, correctly parked, outside a house the way you do, locked it and off we went. We returned two hours later to find that someone driven across the front of our car as they were trying to pull onto their drive. Before you ask, our car was in no way obstructing the driveway. The driver of the aforementioned vehicle was in a hire van as he was moving house. The damage to the van was pretty awful, and he admitted liability straight away, he said that he had never driven a van before and had misjudge turning the van and realised that he has clipped the car but didn't realise how bad the damage was..... This is where is gets complicated so please bear with me.... What we did next was this - we took his contact details, he showed us a copy of the hire agreement he had signed with the hire company, and he gave us his new address!! He contacted the hire company and advised them of what happened and when he returned the van to them had to pay a hefty charge for the damage he caused to the van. When we contacted the hire company to ask for their insurance details so that we could get our car repaired they refused to give them to us. They demanded we took the car to them so that they could repair it!! We said no we were not going to do that. After much toing and froing, and the complete resistance by the van hire company we turned to our own insurance company for advice, this is where is gets VERY complicated as I am not 100% of who did what at this point. My husband was told that he could make a claim on his own insurance or could make a claim against the third party insurance as it was a non fault accident. The next thing we know Enterprise car hire are on the phone demanding a credit card details before they would drop off a courtesy car and a body shop garage had contacted my husband to make arrangements for the car to be repaired. We can only presume at this point this was at the request of our insurance company who would make a claim against the third party insurance. We refused to give Enterprise any credit card details, to this day we still don't know 'Who' instructed the garage! Wr then contacted accident exchange. Now this is where it gets interesting... All the time the van hire company are chasing is for OUR insurance details and we aren't handing them over!! its a non fault claim and we not making a claim on our insurance we are looking for them to settle any repair and courtesy car charges! Accident Exchange say - don't worry we will help. So we told enterprise we didn't want their car that we refused to leave credit card details. The day that the car was scheduled to be collected by the garage for repair was the day that Accident Exchange turned up with the hire car. To be honest he only have a little Peugeot, we were given a huge Insignia!! we struggled to run it as it was so expensive. We asked about the hire charges and were told that they would be claimed back from the third party insurance company. Off our car went, and that was it - or so we thought. We had word back from accident exchange to say that the third party insurance company was a non regulated insurance company and not even based in the UK! The repairs to our car were being carried out despite the garage not receiving authorisation from the third party insurance company, so things were starting to get messy. We were concerned by had our fears calmed by Accident Exchange that thing would be sorted. They had come across non regulated companies before and whilst they were difficult things generally got sorted. So - our car came back eventually, the hire car was collected, and things seemed to have calmed down! Happy days? No - we then get a letter from the garage asking my hubby to retrospectively sign a credit agreement stating that if they cant claim back the money for the repairs that we will pay them!!! Suffice to say that letter remained in our house and was not returned! We then start to get letters from solicitors acting for accident exchange as the third party were disputing the hire car charges, they admitted liability, and we have signed letter from the driver of the hire van clearly setting out that he was at fault. The solicitors for accident exchange then submitted court papers for the non payment of the hire car charges and more than likely the repair to the car, and they have returned a response to the legal team over the last few days. The solicitor has told my husband that although they have accepted liability they are not paying up. My massive worry here is that accident exchange will come after us for the costs of the hire car an I am worried sick as its not cheap and we barely make ends meet as it is...... Please please can anyone offer any help here?
  17. Hi Caggers Heres my problem, I got a bike last weekend from Halfords on the cycle to work scheme, I got my bike and it seemed fine, but when i rode it only down my road, i niticed the suspension seemed to be alot softer than it was (should). So my question is, am I entitled to an exchange for another bike? I have searched forums and I cant seem to find a answer. Please Help
  18. Hello, I foolishly bought a large car yesterday from Carcraft, so today I went back to do the 7 day exchange, however they have told me they have to wait for Black Horse finance to return the money (or something along those lines) and that it could take 2 or 3 days. Now, it's the bank holiday weekend and this puts it at potentially Tuesday or Wednesday next week, i.e. right at the end of my exchange window. I'm wondering whether this "2 or 3 days" to get the finance resorted with Black Horse is normal or whether they are trying to screw me around so that I can't swap cars. The car I have seen to exchange it for is cheaper, and I've told them I will pay the cash to get it instead of taking out another finance policy. They have told me until Black Horse gets sorted, they can't take the car I bought yesterday back nor give me the new one. Is this normal? I messed them around a little bit which I've apologized for but I'm uneasy at whether they are trying to con me out of the exchange in some sort of revenge. I have rung them several times and been assured it's all fine, etc. but obviously they would say that, any third-party advice or the Carcraft Customer Service people that can kind of advise on this would be much appreciated. I also offered to pay a deposit on the new car (it's currently being used as a company car by someone in their showroom), which they said I didn't need to pay.
  19. Good afternoon All, I'm seeking some advice with regards to a part exchange I did last month. I have received a letter today from the dealership claiming that my part exchange was damaged on the passenger side door and that they have CCTV of me driving the damaged car. I have no knowledge whatsoever of the car having been damaged when I dropped it off and the sales guy did a walk around the car whilst I was there. The next day I did receive a missed call from the garage but I wasn't able to answer the call at the time and by the time I noticed the missed call, the garage had shut. There was no further contact from the garage until today when they sent me the letter. They're claiming £495 for repairs and that I have 14 days to pay otherwise they'll take me to court. The main issue I have is that I had to park the car on the road because there was no where in the dealership to park when I got there. I did pull into the dealership (and drove straight past the sales guy), but had to reverse back out and park on the road due to lack of space. I suspect that this is where the car stayed overnight, and I can only assume that the damage has been caused overnight. Can anyone advise me on what I should do next? I honestly believe that the car wasn't damaged when I dropped it off and the fact that I didn't get a call until the day after is making me very wary. Can I request a copy of the proof they claim to have? If the car was indeed damaged when I dropped it off, I'll pay for the damage. But I think they're having my leg up and trying to bill me for damage that was caused whilst the car was in their ownership, and not mine. Any advice or insight into where I go with this would be MASSIVELY appreciated! Thanks.
  20. Hi all this is my first time posting here so sorry if it's in the wrong place! Basically to try and make things as short as possible, my car was rear ended by a milk/foodstuff tanker whilst stationary at a roundabout. Tanker wasn't stopping and had basically saw a gap (but not me!) visible minimal looking cometic damage to rear. Liability admitted My insurance company didn't want to carry out structural tests and dragged their heels a bit, and their approved repair centre was not BMW approved. Decided stupidly to contact a BMW body shop who directed me to accident exchange. They phoned me and quickly supplied a stupidly expensive hire car. They took my car to the body shop. Hear nothing on what the repairs where ( in my initial email to the body shop I stated damaged I had spotted and I did ask for checks of suspension/structure due to the impact/ size of tanker) I contacted the body shop directly, they then sent an estimate which did not include I phoned both claims handler and the body shop and questioned this and was told the third party did not authorise anything else to be done. I asked for reconsideration and was told I would have to pay for any tests. No contact other than a text saying I my car was ready, spoke to both body shop and accident exchange and was told my car was 'roadworthy and my hire car had to be removed, in ither words accept the car or have no car. Reluctantly agreed to have the car delivered to my place of work. On inspection noted rear carpet damage to boot (this was not caused by the accident and has 'appeared' in between!) rear high brake light non functional rear washer jet non functional, sunroof rear still damaged. Wrote on the delivery sheet and took a copy to say non happy not fully check above faults noted. Driving home to collect son from nursery tyre pressure Sensor comes on I check tyres all fine and pressure car doesn't feel right. Limp home (very short distance overall) try phoning claims handler and they basically wash there hands of it, body shop closed (have call log) Booked in to local garage for free check, they say alignments out funny wear to rear tyres. Next day have alignment booked in new tyres ordered in an effort to get the car safe. Tyres arrive the next day they spot both rear coils are sheared! Write a report for me stating not road worthy and due to accident at this point it's midday body shop that carried out the repairs is shut, no point phoning accident exchange! File a complaint with them via email. Wait until Monday and my husband drives me to the bodyshop for a personal visit. Ask for a full report in what repairs where carried out, after seeing no tests for road worthiness being carried out throw part of my rear coil on the table they admit they never carried out any checks and that they messed up, blaming the third party as they had no authorisation from the third party! Agreed to take car back and jig it for 'free' and apparent look at getting the other items sorted (all funnily located on the rear of the car!) the drive my car despite it being not roadworthy to there garage 27 plus miles away) I receive a call to say the third party won't pay for any extra repairs as the examiner (all from the third party) state the coil has some rust (the car has been driven above and two three other appointments and sat for three months now!)they say the sunroof had screws loosed even though I have my initial email stating I manually closed the roof and I did not want the interior of the car damaged) carpet is now apparent wearing due to age (looks more like scorch marks made during repairs. Brake light on rear and washer jet not even considered. I was told the bodyshop have repaired the light and washer jet. They want their hire car back this Monday and I either have to pay for new springs or have a car driven back I presume with two rear broken springs. They say as good will they will only charge me 109.00 plus vat per spring, phoned a few mechanics who say that they are pretty sure they are huffing labour in the price check ebay springs range from 40-80 PER SET. I was asked by the body shop to write a letter of complaint so I did with ten appendixes supporting it. Nothing. I am frustrated as I will now get a car with lots of defects, not sure if there are any more hidden, all the checks have been through the third party and claims handler doesn't push it at all I appear to have to do all the pushing and have been informed I will have to go through the small claims courts! I must add the following: My car was MOT'd 3-4 weeks prior to the accident no note of any spring wear - I've hustled this garage for years and they will always highlight any issues My car was at a local garage 4 days prior to the accident (different garage) who drive the car and he is our neighbour and he would have noted problems straight away! My car is regularly serviced (last service was a few thousand miles early!) I have emailed the FSO but heard nothing, accident exchange have washed their hands of this. Find out from other posts that the garage is financially linked to accident exchange! Not sure what to do so any advise would be great, I don't want to pay for the tears and certainly not to the body shop but it looks like unless I pay I will be completely car less!! Spoke to mechanic who said it is extremely rare that both coils would go at the same time likely to be accident related given the impact force and is happy to come and inspect and write a report which will mean I have two reports. Surely the third partys engineers report is flawed and biased at saving money as they failed to carry out any basic full checks the first time? What about the garage they admit negligence but not in writing (verbally in front of me and my husband and on the phone hence the 'good will' gesture. This has really begun to affect my health due to the stress. I have contacted the mail today who are a little interested watchdog with no reply and the local newspaper who are really keen to publish a story. I will phone my own insurance and ask for help, as they are not open today but will I expect get a flat and rightly so I told you so! PLEASE USE ACCIDENT EXCHANGE AT YOUR PERIL! I have been give a car not road worthy could have caused smother accident/death of me and my 3year old snd recieved 3 points and a fine for my brake light. I now have the joy of a unroadworthy car Monday and a nice bill to get the car safe! Please if you have any thoughts let me know we are very desperate now!
  21. I did a Bill of Exchange out of desperation in order to (as I believed) to pay off my mortgage and stop the bank repossessing the properties. I had 4 properties at the time. I was told by a friend of a friend this had worked for them and for the price of 700 gbp they could conduct it for me. I was dubious, but without realising the total ins and outs went ahead with it. 2 years later my house has been repossed, but the fraud squad are after me for sending a cheque which was a bill of exchange. What is the likelihood of me being done for fraud? Scared and terrified and naive for believing this was a solution to help my situation.
  22. Hi all, New to the forum, and I was looking for some opinions. I recently purchased a car from a specialist dealer, and part-exchanged my previous car. When I first contacted him, I was on business in America and we discussed the part-exchange over email. The only information he asked for was the registration number and mileage. I asked my wife to email me the mileage, and I passed it across to him. He gave me a part-ex value, and told me that he would be passing it on to another dealer. Upon my return, I drove up to complete the transaction, paid him the balance, got an invoice, and took the new car on. He didn't check the car, or the mileage upon handover, just got me to sign the V5 document, and an invoice including the part-exchange details and new car details. He phoned me 4 days later saying that the mileage was wrong. Evidently my wife had read the number from the trip meter, not the main mileage, and instead of 4700, it was nearer 8500. He told me that the dealer he was passing it onto was now offering £1000 less on the value, and that he would be out of pocket. He asked me "out of good will" to pay him £500 towards that value. I have told him that it was a genuine mistake, and that it was his responsibility to check the part-exchange vehicle at the point of purchase. He is now chasing me (in a friendly manner) to see if I will pay the additional money. I do maintain it's ultimately his mistake, as if he had told me at the point of purchase that I needed to pay £1000 more on the balance, I would have had the opportunity to decide not to purchase the car, and walk away. It's not escalated - but I have a feeling it might. I was looking to check my sanity here and see if others feel that it is right/appropriate to tell him that it's his problem, and I am not willing to pay anything more. Many thanks in advance for the advice. Craig
  23. appologise if i have placed this in the wrong part but i can't seem to navigate round this web site to find car dealers section, if poss can you move it to right section please. Here goes 7 months ago we part exchanged a car which they gave us 2100.00 . we had purchased the car 9 days earlier and hated it. they never asked to look at the pat ex and simply they ticked the checklist to say they were happy with it and we did the deal,they asked us the history and milage and we told them exactly what was on the documents, after a few hours of taking delivery they found a problem with the mot which they said had been messed with, not know to us and the car had actually done 230000 miles and not the 89000 which was on our mot.they asked us to pay extra 900 and at the time because the finnace was inplace and we had took delivery of the new car i simply paid and asked them if it was worth reporting to police they refused and said they would simply retest it and resell it out cheaper.now 7 months as passed and after a recent conversation i was lead to beleive i did nothing wrong and they admited on paper work ticking all the check list and even ticking the box that says part ex driven and milage checked, so is it possible to request my 900 extra payment ? after all they failed to do there job right or should i simply put it down to experiance. thank you
  24. Good Afternoon All, I am currently in a situation with Dell and I would like to ask for some advice on how to proceed. In May 2008 I had a Dell XPS 1530 which after 2 repairs failed again. They replaced this free of charge for me in August 2010 after threatening legal action and citing the SOGA. They replaced it with a Studio 1558. Now in February 2013, this laptop already having been fixed once for overheating has now failed again. It overheats, fails within 10-15 minutes sometimes (just shutting down). Not only that but the graphics have glitched where all the colours are inverted and some keys don't even work on the keyboard now. I contacted Dell by mail again requesting they replace this again or refund me, otherwise I will proceed with small claims court. Dell called me (and are about to email) to advise they are not willing to play ball and that I should begin legal proceedings. This is because my "original" purchase was 2008. Just because the recent laptop was given to me in 2010, it doesn't matter. What would your advice be in this instance? They want £170 for a repair, that I am not confident will be a complete repair and based on my service history will need to be looked at again within 12 months. Is what they are saying true, that my original purchase date of £600 in 2008 is what counts? They machine they replaced it with in 2010 was £999 at the time and I didn't have to pay any extra difference. I look forward to any advice. Thanks Jamie
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