Showing results for tags 'failure'.
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Hi everyone Hopefully I am in the right place but couldn't find a section to suit this .... I am really annoyed. My Hive heating set up is broken. After 3 or 4 calls to Hive including 2 resets of the system etc etc (an hour on the phone each time), they have conluded over the phone that my hardware is broken. Now for a start, no engineer has seen it to confirm something is broken - I don't think it is, I think it is on the blink due to an update they did of the system over Christmas. There is no signal between all three components at the same time. Initially the Hub was offline and would not go online and the thermostat lost signal with the receiver. I called Hive and after about 50 mins on the phone and much fiddling, she concluded that my Hub was broken and quoted me £40 for a new one. Fair nuff I thought but was reluctant to buy anew one so I didn't. 2 days later it all went wrong again and the thermostat/room controller would not connect to the receiver so no heating or hot water at all. On the phone to Hive they guided me through another reset of the system and she concluded that the Thermostat/controller was not working - odd eh? Oh and no I can't buy a new thermostat as they are factory paired so the whole kit for £250 plus installation (hard wiring) = £400. Great, not. After yet more fiddling (by now I know how to do almost as much as the call centre staff) and hey presto the thermostat now talks to the receiver but not the Hub. This means that I have only the temperature and ON/OFF functions but no schedule or timer. It is now costing me a fortune as it is all on either 24/7 or nothing. My question/issue is this: How long are they meant to last? I would say that 4.5 years for a cost of £250 is not long enough considering this came with my new boiler installation (from British Gas) and thats guaranteed for 10 yrs minimum. Should I or anyone be expecting to buy new controller for the heating every 5 years at £400? I see their guarantee is for 1 year only. They obviously don't really know why my system has failed and are grasping at straws, should they be telling consumers to shell out again for a new system when the fault is not actually properly diagnosed? How could I prove it has been caused by their update recently where many people I see online have complained about their system going down and losing signal afterwards. Of course Hive deny it's anything to do with them. I think all this needs exploring. If they are selling this product, people need to know that it will all be useless in 5 years and that maybe the system is designed to fail after a period of time. You cannot repair or replace parts of it, you can only get a whole new set up. Also I want to say that for the elderly, young children, ill people, I would definately not trust this system to deliver consistent heating/ hot water reliably, I have woken up with no heating or hot water in the freezing cold because it has dropped signal in the night, even before these recent problems. What are my rights here? These systems are starting to fail (the early ones) and for £400 initial cost, I never expected that after the 1 year warranty was up, I'd be on my own with non-working junk and a cold or boiling hot house 24/7 expecting to shell out again. I feel like I've been had. Help! -
Well fellow caggers it seams like lending stream are taking no notice of the new GDPR regs I applied for a SAR on 25 May and have just spoken to them to find out where it is as I have no comms from the part from their acknowledgement They have informed me that because it has been sold to Lantern that they need some more time to get the required information. I have informed them that I shall be reporting them to the ICO for failure to comply. Has anyone got the link to the letter I need to send to the ICO I can't seem to find it now -
Hi everyone, Could a persistent failure to respond to two emails and a phone call be seen as a failure to act? Background Person A took a company B to Tribunal on age discrimination grounds Person A asked his agency C for relevant documents Agency C failed to respond despite two emails and a phone call Person A now makes allegation of victimization against the agency C Agency C is now claiming that person A had the document that is why they didn't respond Person A didn't have the said document! However, my question would be: why didn't the agency respond to the first mail and say: "mate, you have these documents so we are not providing them"? I believe agency had a duty to respond to the email even if they truly believed that person A had the document In which case, I see that as a failure to act hence a victimization claim Please your views and any relevant case law Thanks -
Hello everyone. I'm seeking guidance on an invoice attached to my windscreen on 13/08/2018. I failed to display so ended up coming here for that mistake. I have not made any contact and I have already filled in the following. 1 The date of infringement? 13/08/2018 2 Have you yet appealed to the parking company yet? [Y/N?] No If you haven't appealed yet - ,......... have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] what date is on it Did the NTK provide photographic evidence? No NTK received yet 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] 5 Who is the parking company? AS PARKING LTD 6. where exactly [Carpark name and town] did you park? BLUFF INN, Hayle, Cornwall PCN1_P&D6.compressed.pdf -
Hi all. I am posting this in the hope someone will be able to tell me how to go about putting this mess right & hopefully get an idea how much trouble I may or not be in. As a single man I have been on ESA & Housing Benefit for some time due to both cancer treatment and being diagnosed with, but not yet treated for PTSD. Just over a year ago I married my soulmate against a backdrop of personal issues. I/We have not yet informed the DWP of either our marriage or the fact that she now lives with me. My wife works 16 hours a week earning approximately £128 per week. My main question is how much trouble am I likely to be facing? Apparently my wife could claim tax credits if she were single...is this the same under our circumstance? We have very much wanted to sort this issue for some time but fear of what may happen & health issues have prevented this. I just want to come clean and be able to have one less thing to worry about. What is our actual entitlement? Will I be prosecuted? Is my home at risk? Any answers or help would be much appreciated. Thank you in advance.
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Hi All, Here is the story: I check my car daily to make sure there are no new noticeable scratches and I did it last night and there were none on my wing mirrors. After driving to work and parking on the road this morning, I pushed my passenger wing mirror in as always to prevent it being hit and noticed 2 pretty big scrapes on it. The problem: I have no recollection of hitting or scraping my wing mirror on anything, then it occurred to me that I may not have known if I had because I put my music quite loud when driving as it helps me focus. Then I started worrying that maybe I hit and damaged a car and then remembered reading about the offence of failing to stop. I decided to call 101 and report that I may have committed the offence and told them 3/4 locations which I drive through to get to work as it would have happened in one of those locations. My question: If I did hit a vehicle and it's reported to the police what are the penalties? Bearing in mind that this is my first motoring offence (other than the 1 parking ticket I have ever received as a driver), I've been driving for almost 3 years and have no other criminal offences. I've read I could get disqualified from driving, up to 10 points and a fine of up to £5,000. Is this correct? Thank you in advance for any help.
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Hi. I have read through some posts and believe i need to respond to the questions, below. Apologies for not replying in Red but the formatting will not allow me. Very poorly lit Only machine visible not working PE do not provide any reason for failure of appeal. Many thanks in advance and hope someone can help... it will be Greatly appreciated. Matt 1 Date of the infringement - 23 September 2017 at 21:20:49 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] – 05/10/2017 3 Date received – 10/10/2017 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [N] 5 Is there any photographic evidence of the event? - Yes 6 Have you appealed? {Y] Ticket machine was not functioning and had a message on the screen that confirmed it. Have you had a response? [Y] Please see end of post 7 Who is the parking company? – Parking Eye 8. Where exactly [carpark name and town] - Lido 1 Margate For either option, does it say which appeals body they operate under. - NO but they are BPA members Reply to appeal dated 26/10/2017 Thank you for your correspondence in relation to the Parking Charge incurred on 23 September 2017 at 21:20, at Lido (1) car park. We are writing to advise you that your recent appeal has been unsuccessful and that you have now reached the end of our internal appeals procedure. Our records confirm that no parking was purchased on the date of the parking event, despite there being payment methods available on the day in question. Please be advised: There is an independent appeals service (POPLA) which is available to motorists who have had an appeal rejected by a British Parking Association Approved Operator. Contact information and further information can be found enclosed. See also .popla.co.uk As a gesture of goodwill, we have extended the discount period for a further 14 days from the date of this correspondence. If you appeal to POPLA and your appeal is unsuccessful you will not be able to pay the discounted amount in settlement of the Parking Charge, you will be liable to pay the full amount. If you have already paid the reduced amount, the Parking Charge will be increased to the full amount and you will be liable to pay this increase. By law we are also required to inform you that Ombudsman Services .ombudsman-services.org/ provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above. -
I have a 2012 Ford Focus that broke down 8 days after the extended Warranty on the Transmission Control Module (TCM) ran out. The local Ford dealer requested that it be treated as a warranty repair but Ford declined. The garage has asked me to contact Ford direct. From my research the TCM for the 2012 Focus is a long standing and known Ford issue. In Australia the warranty extension was to 7 years and in the US, the warranty extension was to 10 years. In the UK it is 5 years. Apart from facing a bill of £600 plus, it is particularly frustrating in that: 1. The car was serviced by my local Ford garage in August (which would have been within the 5 year warranty) and when I took the car in I did request that they investigate a juddering issue. The service desk took notes of the various things that i had asked to be done but apparently this particular issue was not logged. I therefore have no physical evidence that the juddering which is a classic symptom of a TCM issue occurred during the warranty period (I do have a word doc in which i made notes about what i wanted doing, the properties of which show the date of 4th August, but this is not being taking into account). 2. The local garage did actually phone to tell me that the repair would be done under warranty. They are not disputing that they told me this. However, when it came to processing the paperwork, they then informed me that it wasn't a warranty repair. 3. the car was given a software update for the gearbox in 2016 and 2017 services which I understand was to help with juddering on gear changes. So my questions: a. Do I have a case for requesting from Ford that the repair is considered a Goodwill out of warranty gesture? The car has a full ford service history. b. Do i have any case for making a complaint to the local dealer who wrongly informed me that the repair would be covered? c. Is there any way to prove the legality of the word document that contains my notes from the service. It was created and saved on 4th August, on the day I made the appt for the car to be serviced? Forgot to say that the local garage has been helpful albeit not in actually getting the repair accepted under warranty. They have given me a loan car as the repair is now into its 6th week. Another additional note. If this was a regular consumer item like a tap or a TV then I would go down the 1973 sale of goods act that the goods need to be fit for purpose and that there would be a reasonable expectation that the TCM unit would have a longer lifespan than 5 years, in effect there is an implied warranty but it appears from my research so far that the car manufacturers don't back down when this is put to them. -
Hi all, I bought my Dell Inspiron for £581 in October 2014. I had two callouts in the first two months to repair motherboard and wireless connectivity issues. Today the laptop has failed on restart with blue screen message "Unmountable boot volume". I have run startup diagnostic tests which indicate hard disk failure: Error code - 2000-0142 Validation - 85842 Looking this up on Dell diagnostic services returns the message: Hard disk drive running outside normal parameters - advise replacing disk drive. I believe that under the Sale of Goods Act I have a reasonable case to ask Dell to repair or meet the cost of repair. My problem is that I am not sure how to go about this. So far I have exchanged messages on Facebook. To be fair, this is at a very early stage, but I suspect this will be an interminable exchange of scripted responses! What I want is: - Diagnostics on current HDD. Online advice suggests that HDDs with failed boot sectors can be repaired. - If HDD cannot be repaired, then I would like: - Replacement HDD - Reinstallation of Windows 10 and Office software - Retrieval of data files where possible Any advice on how I should proceed, what I should expect Dell to offer, and what I should expect to pay for myself? Many thanks, Justin
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Propsed fees for failure to notify a change of circumstances to a Local Authorities (LA) in regards to Council tax and possibly Housing benefit too! My local LA (Southend on sea Borough Council) SBC)) has recently had a full Council meeting and are propsing charging people for failing to notify a change of circumstances. This could be between £70-£280! (please see my attacments (1) (2). 2 for the quick version and 1 for the full document. Or see section 6 page 67 all... This was previously just £50 now the new rates could cause more financial issues for many people. 2 RECOMMENDATIONS 2.1 That the Executive agree that consultation takes place on the implementation of a fixed penalty of £70 to Council tax charge payers, permitted under the provisions of the Local Government Finance Act 1992, who intentionally or knowingly fail to notify the Council of any change affecting Council Tax Liability or Local Council Tax Benefit Scheme (LCTBS) without reasonable excuse. 3 REASONS FOR RECOMMENDATIONS 3.1 The Council has powers under the Local Government Finance Act 1992 (Schedule 3) to impose civil penalties to those charge payers who wilfully neglect to inform the Council of changes which affect their Council Tax liability. There are at least 6 areas that could affect the claimant/bill payer this could be on top of what DWP already charge. It could pay to ask your LA if they also intend on doing the same as mine. Given that most LAs now have to find new inovative ways to get more money in their coffers then this one surely is a way to make money from failure to notiy a change of circumstances in a reasonable time frame (normally 28 days) sometimes less.... Info here and other places >> https://www.gov.uk/civil-penalty-changes-affect-benefits Your thoughts.... Benefit failure fees.pdf Public reports pack 14th-Feb-2017 14.00 Cabinet[556].pdf
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Dear All, I need some advice for my wife. We have had a terrible postal problem; after reporting our postman for an incident over a year ago some of our mail seems to simply go missing - I wonder why? My wife received last august a witness statement for a court date for speeding and failure to provide - we had received no NIP, no reminder and no summons. We contacted the ticket office and explained about our post, and they agreed to fine her and give her 3 points for the speeding, but drop the offence under 172. Later on in 2016 a neighbour brought round a summons for, wait for it, failure to provide and speeding. We initially thought that this was for the ticket earlier on in the year but realised it was a separate incident at exactly the same GATSO! This time, we hadn't received the NIP or reminder, and the Summons clearly addressed to us at No 14 was delivered to no.29 round the corner, and the lady asked around and found out we lived at 14 and brought it round. Guilty of the speeding or not, my wife couldn't keep accepting points and a fine like this, so we decided to plead not guilty and to explain to the magistrates. We have had a letter drafted and signed by our neighbours confirming the above, and have had Royal Mail conduct an investigation into our mail not being delivered. The investigation is ongoing, but they have found no wrong doing at this moment in time. However, what they have said is that the Courts use proof of posting only, whereby bulk mail is signed for by the postal service as collected and therefore "posted". But they have also stated proof of posting IS NOT PROOF OF DELIVERY to the recipient, and that the recipient has NO CONTRACT with Royal Mail, their customer is the Court in this case and it really should be them that complains if their mail that they have PAID FOR is not delivered. They have looked at our complaint only on the basis that several items of our mail have gone missing over time and that there may be an issue. So we were going to go to Court and to state that the NIP etc was not delivered within the 14 days allowed, arguing that the post is the Court's responsibility, therefore both charges should be struck out. I know that there be many cases whereby someone simply states they didn't receive the NIP, and that the Court "get around this" with their proof of posting as is taken as papers are deemed served, end of. But surely if there is a genuine doubt if the NIP has not been delivered then this should be listened to? Whats thrown me today is that the CPS have written to us (again similar to last time) offering that the charge under 172 be dropped if we change the speeding offence to that of guilty and accept points and a fine? Really don't know what to tell my wife to do? Suggestions would be appreciated. -
Car impounded due to car insurer’s failure to transfer no claims bonus to new policy which led to the cancellation of my insurance policy. My car was impounded by the Police this week, the reason, the insurer said they sent letters out asking for evidence of my no claims bonus and because they did not receive the evidence, my car insurance was cancelled. I was not notified that my policy had been cancelled and did not receive any letters I have been with the same insurance company for over 25 years and they hold all the information about my no claims bonus electronically My quote was completed by telephone and the manager confirmed that the agent instructed that my no claims bonus be transferred to my new policy; this was not transferred I was left stranded 40 miles from home. Cautioned by the Police, advised to pay £150 plus £20 for each day my car is impounded; that I could get six points on my licence and a fine of £300. My car could be sold or scrapped if I do not collect it within 7 days. Can I appeal against this and what action can I take against the insurance company? -
Santander have rejected my PPI claim (store card) from 17 years ago on the grounds they believe it was sold in a proper manner (over the phone - which it wasnt - as I signed-up in-store with an agreement the assistant ticked for PPI) and was offered as optional and appropriate for me etc etc - which I absolutely disagree with. I have issued a SAR - but already do have copies of Agreement and statements etc. Unsure of whats best as next move - do I escalate issue with FOS (that I'm not hearing good reports about!) or small claims action? The amount of money involved is probably fairly small (circa £200 in PPI premiums?) Any thoughts appreciated! -
Hi It's been a long time since I was last in debt and had to deal with bailiffs' and debt collection companies so i'm not sure if things have changed so i'm looking for a bit of advice ? I Went home this lunchtime and a bailiff had left a letter threatening to get a locksmith to break into my house to remove goods with the police possibly present. ..in fact the letter was quite threatening I thought that this was illegal as the debt owed was a personal debt through a county court CCJ not a magistrates fine or debt to any other governmental department, what I need to know is are they allowed to do this. The debt collection company who pursuing this debt is lowells and they have bought a lot of my debts and are trying for CCJ's on all of them and is this how they operate now ? Thanks in advance for any replies -
I own an auto 2012 Ford Focus, which I have just learned has an ongoing problem with the Transmission Control Module (TCM), there have law suits all over the US about it and several recalls. Over here in the UK it appears that the most Ford have done is to extend the warranty on the part to 5 years. In the US the extension was initially to 7yrs/100,000 miles, and more recently the extension has been now extended to 10years/150,000. miles in the US. Yet it remains at 5 years here in the UK. Our car has not been driving well; not shifting gears properly about 2 weeks ago ended up going in to limp mode with the transmission light coming on. (we had it service last year at Ford - they said it was fine and no lights ever came on prior to this occasion) We took it to Ford (in London), they "fixed" it, telling us it was a recall issue which was a software issue. we collected the car and within 5 miles it went in to limp mode again. Ford now say the whole TCM needs replacing. Charge, including labour, will be £635.20. Luckily my partner, who was driving the car when he collected it the first time, got stuck in traffic, otherwise its very likely he would have been on the motorway doing 70miles and hour and the transmission would have failed and the car gone in to limp mode. Ford acknowledge that it is a known problem with the TCM in these models which is why they gave the extension on the warranty to 5 years. But my argument is why do UK customers get 5 year extension and the US customers get 10 years. How can Ford treat their customers differently for the exact same problem? Our car is about 5 months passed the 5 year warranty on the TCM. I also understand that the software upgrade was to notify the driver earlier of problems with the TCM, so if we had had the software upgrade earlier, we might have discovered the problem when we within the 5 year UK warranty period. I've called Ford UK and they just say I have to pay for the repair as I am not within the warranty period. I don't want to accept this and want the same warranty as other costumers in other parts of the world get. I've been sold the same faulty car as every other person out there with this problem, so why different treatment? I feel like a UK customer is less important than a US customer. NOTE: if anyone was looking at buying a Ford Focus or Fiesta - DON'T , do you research first as its a problem that still has not been solved, even with the 2016 models. Anyways, any help welcome. DR
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Hi All, Looking for a bit of advise on a used car i purchased, I will outline the main points. 27/06/16 Purchased a used 58 plate Renault Laguna 180GT from a dealer using HP for £5112 (73000 miles) 23/08/16 Car serviced at local independent at my own expense.(76000 miles) 07/10/16 Car broke down on way home from work and recovered to independent garage. Garage removed sump and found metal fillings/slivers. (77000 miles) 10/10/16 - 11/11/16 Various communications with dealer and finance company. Dealer has rejected liability so finance company sent out "independent inspector". This where it gets tricky, Engineers report uses words like "limited information" "further dismantling required" "likely" "not confirmed" "some time in the past". But in the conclusion is states"undoubtedly fit for purpose". On this report the finance company has also refused liability and has refused to send me a full cop of the report, only an extract. I can make the extract report available but don't want to post it on an open forum as it contains personal information. Your help and advise on the next stage would be most welcome.
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Hi all, I went to re-tax car after 12 months tax was due to expire, only to be told that although tax had been purchased on 25th October 2015, that they had back-dated this to the beginning of October. Not very pleased about this since I have effectively lost almost a month of tax! However DVLA clearly don't care, and I imagine they make a lot of money off this discrepancy when a car changes hands. luckily we had not been stopped during those 24 days that I thought we were covered. When I rang the DVLA though, it turns out that the reason they had not sent any reminders at the right time, and that I had been left to remember the date myself, was that they had not received the new keeper supplement from us via the post, and therefore did not have our details as the new keepers. They had apparently been informed that the car had been sold by the previous owner at the time. We had given the old owner our details of course, but this information at least is not on DVLA database relating to our car. I was wondering though since we did send it a while back, are there any penalties for this should we get stopped by the police in the meantime? I did at some point phone the DVLA about the new log book, but back then they said that sometimes it takes a while to process, so ultimately I let it be and did not chase it again. I am really not happy that the DVLA have washed their hands of the matter and simply say that we will need to get another form and pay an extra £25 since they or Royal Snail have lost the original form. Is there any comeback on this, or would I need to have proof of posting or 'signed for' proof to qualify for any redress? Also out of interest since it didn't happen to us, if we had been stopped during those 24 days of backdating, would there have been any way to avoid a fine/car getting impounded etc? I have looked carefully at all the email and online notices of vehicle tax/proof of payment that I made copies of at the time , and it at no point says that it was only taxed from the beginning of the month! It clearly says 12 months tax from 25/10/15. Thanks -
I purchased a 19 month old Vauxhall Insignia in May 2014 from EMG in Ely. On the whole the car gave me excellent service, apart from a few niggles, which were rectified under the Vauxhall 3 year warranty. However, in September this year, I noticed that it was getting more & more difficult getting the car into gear. The car was just under 3 years old, and had covered 43,000 miles. I took the car into York, Ward & Rowlatt, in Wellingborough to have it looked at. After a test drive, they said that the clutch had failed & it would not be covered under the warranty, and would cost £982 to put right. I then phoned Vauxhall Customer Service, and was told that it COULD be covered under warranty, but only if the failure was deemed to be manufacture defect, and not wear & tear, and, I would have to agree to an inspection involving removal of the gearbox. This had to be done at a dealership, and if the findings concluded wear & tear, I would have to pay for the inspection, but it would be included in the repair if I paid up. Needless to say, they came back to me with "wear & tear". After several phone calls to Vauxhall, they said that they weren't interested. They would not even offer a good-will gesture. As far as I could see, the clutch was not worn due to bad driving, otherwise it would have been slipping, and I would have noticed a drop in fuel economy. Once in gear, the clutch was fine. Eventually I agreed to have the work done "under protest". I asked Vauxhall for a fault report on the original clutch, and also information on the expected life of the clutch. Originally they said that they would not have that information, but I pushed them, as I couldn't believe that a manufacturer would buy in parts for which they had no idea how long they would last. I was promised this information "no later than 16th October". It is now 18th October, and needless to say I am still waiting. Whilst I am not happy with Vauxhall, the people I have been speaking to have been courteous and as helpful as they could be within the company guidelines. I am a great believer that any problems I have with a company, it's not the fault of the person on the other end of the phone. There are numerous motoring forums on the www, and most seem to have disgruntled motorists posting complaints about Insignia clutches, some of which are after only a few thousand miles. This is quite clearly not an isolated problem, and it's about time Vauxhall got their act together and helped their (hopefully valued) customers. -
My 21 year old grandaughter recently took her car for MOT. She had won a voucher for a free MOT at a local garage in a raffle - not the garage she normally uses and not one she would probably have considered otherwise. It failed spetacularly and they quoted her £700 for repairs - fortunately she had the sense to decline and walk away. She subsequently presented the car for MOT at another trusted garage. Result - no problems and a pass. Clearly the first garage was at fault and needs to be reported for this as they must be doing this on an ongoing basis to anyone who is prepared to fall for it. Clearly they need to be reported for this practice but we are unsure as to who is the relevent authority. I think Trading Standards may be the way to go but I would appreciate any advice on this.
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Really need some advice here....I'll try to keep this as short as possible. Friday (8/4/2016) I parked on a public road near a dog park. I'm in the park and next thing I know I see someone clamping my car. After speaking to the enforcement agent (he worked for Marston Holdings) he told me that there was a warrant out for an outstanding debt which I had not paid. He looked it up and apparently someone driving my car had committed an offence on the 21st September 2015, I had been contacted to provide the driver details and had not responded so the case went to court and I was charged with failure to provide driver details to the court (HMCTS London NW). He showed me all of this on an iPad but could not tell me what the original offence was. He then said it was late (it was around 4pm on a Friday) and the office would be closed so I would have to wait until Monday to find out what the original infraction was. The unusual thing however was that on the enforcement details/warrant they had my father's information (we have the same name but it was his DOB and NI number) and he passed away in 2012! The other problem was that I moved house in 2013 and did not tell DVLA hence why I didn't see any of the letters I assume they sent to me at my old address. the overall fee was at £1400 (£961 was the original debt, £235 enforcement stage, £75 compliance stage and another £110 for the tow truck). I waited until the last minute to see if this was all legit but the tow truck came and I ended up paying the full amount I'm not sure exactly how to proceed.... I am thinking to contact Marston Holdings and ask to be sent a copy of the warrant, find out what my initial offence was and ask to see evidence of that and proceed from there. Has anyone been in a similar situation or know what I should do here? can I get my money back? Any help/replies are kindly appreciated. -
Hi All, I have been a regular reader of the forums in recent years and have now decided to sign up as I am in the early stages of what I feel is going to be a long, drawn-out process with Nissan regarding my Qashqai. I purchased a 2010 Nissan Qashqai 1.5dci Acenta from CarGiant in June 2013 with 32K Miles on the clock. The car came with 2 Nissan Main Dealer service stamps in the book, plus an additional service/check from CG. I have had the car serviced at the recommended intervals set out by Nissan albeit by my local garage (with receipts/history provided). The car has given me 2 years trouble-free motoring up to June 2015 when it needed a new clutch, in my opinion prematurely but c'est la vie! Anyway, whilst driving to visit family this past Thursday (February 18th), the car suddenly lost power and I managed to get it off the road and call a recovery service. The recovery driver suspected cam belt failure and so I opted to have the car recovered to my local Nissan main dealer as I felt that the cam belt has snapped prematurely. The dealer confirmed that the belt had indeed failed and it would cost me £114 for the diagnosis, but if I wanted them to strip the engine down to inspect further damage this would cost another £450+ in labour. At this point I explained that I would expect Nissan to accept some kind of ownership of the problem as the stated cam belt change intervals of '100k miles or 72 months' (quoted by initial service clerk) had not been met. The clerk told me that he would speak with the service manager and get back to me today. He called me this morning to explain that the dealership would offer no gesture of goodwill as the car was not known to them. I explained that it was known to Nissan though and if they were trading under the Nissan badge then it should not matter. Anyway, he was polite enough and was just acting as the mouthpiece for his manager who obviously did not have the tacks to call me and explain himself, so I thanked him but then asked again what the cam belt change intervals were for my vehicle. He then went off to speak to a technician and eventually came back and said "76K miles or 6 years". This contradicts his colleague and also he kept referring to a timing 'chain'. I know from research that my particular engine is belt driven, not chain like all other Nissan engines. So, my next option was to call Nissan Customer Care to raise a case, which I have done today and have been given a 48-hour timeframe for a case manager to contact me. I have read various stories of the same issue, Nissan apparently issued a recall for due to the timing belt rubbing against the water pump but I can't seem to find the recall on the VOSA website. I've also read on various other forums that the cars that were recalled were inspected only for the belt to fail a short time after. The results seem to be mixed, some people receiving no gesture of goodwill at all, some receiving an offer of Nissan to cover the cost of parts and some actually getting the full repair done free of charge. The concern for me is simple - I can't afford the estimated £6k cost to replace the engine which is inevitable as I was travelling at around 50mph when the fault occurred and I've not read of a similar story that hasn't required a replacement engine. My other concern is that Nissan do not seem to be able to give me a conclusive schedule for having the cam belt changed! Any help/advice is greatly appreciated. Thank you. -
Hi everybody, I have a van Toyota Hiace from 2004. I bought it this summer (July) and from the beginning I regularly bring it to my garage. I spent around £700 in 7 months for maintenance. Initially I did a general service, i changed some mechanical parts, tyres, and recently I did the MOT. A couple of months ago the orange light of the oil turned on, i checked the oil and it was full. I spoked with my mechanic about it and about the fact that the van was doing some smoke at the start. The mechanic cleaned the filters and told me that the light was probably caused by an electric malfunction and that there was no risk in driving the van. On the 21 of December my colleague was driving the van when it stopped in the middle of the road and started to do a weird sound. After several trial the van started and he manage to reach home. When we went to the closest garage (which is not my usual) they say that we were running without oil and the engine failed and need to be replaced. I went to my garage and they confirmed that i need to replace the engine. The cost of my van is £2200 + the work done that are around £700. Replacing the engine with a second hand one is going to be around £600 work and £500 cost of engine. I would like to understand if my garage has some responsibilities on what happened. If I bring my van regularly there, I asked about the specific issue with the oil lights and they tell me that i can run without problems and after few weeks the engine get damage so badly that I have to replace it do they have any legal responsibility? Thank you. Filippo -
In October last year we had an awful cruise holiday aboard Norwegian Epic. The ship had been in dry dock and was delayed departing by a day; this meant that one of the ports of call would be missed. We were given the option to accept the new itinerary or have a full refund. As we had already booked train travel to Southampton and a hotel room on non-refundable rates we didnt want to cancel as this would have been over £200, so we took the new holiday. Onboard, the service was terrible and the cabin filthy - it wasn't cleaned for three of the days of 6! We had a truly miserable time. Now the interesting bit... In all of NCL's literature and on their website it says that there are multiple restaurants open for breakfast, lunch and dinner. This wasn't the case and when the ship was in port (4 days of 6) the restaurants were't open and only the buffet was available. When we got home we complained to NCL, who have since said they would have paid for the hotel and train cancellation had we wished to cancel the holiday; we weren't advised of this and the letter to our travel agent from NCL concurs this wasn't an option. Owing to all of the issues we had, they offered 15% refund. I have complained to the Advertising Standards Agency who have told NCL to amend their literature. We've since started pursuing this via S75 of the Consumer Credit Act and will see how things go - I'll keep you all updated as it could be quite an interesting case
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Hi there, New to this forum but it all looks helpful. Im sure this question has been posed here before but im just seeking clarity on my legal position. Bought an £800 sony vaio laptop from Currys (for my sins) in Oct 2013. It was the most expensive windows laptop in the shop, sold to me after I explained I use it for work and it gets lots of use so needs to be a machine which will stand up to it rather than a cheap laptop that will struggle to keep pace... It has been repaired once by Currys already in Summer 2014 (software failure, they reinstalled windows for me and thats about all). Last week, after 2 years 3 months, it has died completely. I have returned it to Currys for them to asses, but I am expecting it could be a motherboard failure and as such pretty much a write off and time to buy a new one. I have a friend who works for Currys repair centre, and he has advised me that Currys are obliged to repair or replace under the Sales of goods act regardless of warranty, something he described as retails best kept secret. Having raised this point with Currys the lady was quite firm in her denial ("in thrity years of working here ive never heard of a free repair to a 2 year old machine" ...etc). She claimed that wear and tear on the key board and case showing it has been used a lot as opposed to someone using it once a week to check facebook has to be considered when assessing what is reasable to expect in terms of the life of a laptop. While I take the point that number of hours use affects overall years of use, I feel that 2 years 3 months is not a reasonable time for a laptop to fail to the point of replacement, especially not for an £800 machine sold on the basis of its durability. I feel the amount of use is irrelevent given the short time frame, as to support that argument is to say that the laptop was not suitable for business use or capable of being used for anything other than light domestic home use, contrary to advice given at point of sale and contrary to the price tag. Having read some other threads here I am under the impression I may be entitled to some compensation if not a full repair/replacement, on the basis that the sales of goods act states it must "reasonably not be expected to have failed" which I think is the case. The issue of "fault being present from manfacture" can only be prooved by virtue of the fact it has failed, and would only fail after time not necessarily when first purchased. If an indpendent report was needed I can arrange it, I certainly havent spilled anything or dropped it, or otherwise caused reason for it to be faulty and the nature of it being inside the laptop means its hard to really break a motherboard any other way. I would appreicate advice on how to approach the issue given Currys known stubborn attitude to these problems and a better understanding of my legal rights. If needs be I will buy a new laptop (elsewhere), but I do feel I am being robbed of at least a couple of years use of a machine and therefore should be compensated towards the cost of a new one. Many thanks in advance Jon -
At the end of my previous mobile phone contract I decided to change provider and move to Vodafone. It was one of the worst customer experiences of my life. Coincidentally, at that time, I became unemployed and having registered my old number with many recruitment agencies and former colleagues/employers I desperately needed my original number to be available for them to contact me on if/when any suitable roles came up. I was told by Vodafone that the transfer of my number would be straight forward and there would be no problems. It would all be sorted within 24 hours. Unfortunately I trusted them to make this happen. It eventually took around 3 weeks for my number to function correctly. I made many attempts to get this sorted with a variety of Vodafone call centre personnel who 'sincerely promise' that my number would work within 24 hours. I made each one give me a timescale for it being resolved before ending the conversation. Each one lied just like the one before (I have copies of the calls/chat conversations). I called into 2 separate (local) Vodafone shops on more than one occasion to try to resolve the problem. I was in absolute desperation due to the employment situation. My original number could be used to make calls but I couldn't receive ANY. My mobile number was in limbo. I couldn't return to my original provider and I couldn't receive any calls through Vodafone. The manager in one of the branches really tried to help. He understood the situation and to appease me (he had limited power to resolve the issue) gave me a free 30 day sim card on a new Vodafone number. The manager of another branch also tried really hard to resolve this but he told me it was a known issue with Vodafone. He had 3 more customers coming in THAT day with the same problem. Apparently the problem was due to the network and systems being inadequate to deal with the transfers. He also mentioned that I wasn't likely to improve quickly. I've now been contacted by a debt recovery agency who are asking me to contact them about this, no doubt wanting me to pay for a Vodafone bill. The day my number was completely ported into Vodafone and working correctly I IMMEDIATELY requested a PAC number to leave Vodafone and return to my original provider. I did this and was fully operational with 24 hours. I also cancelled my DD with Vodafone so I've not made any payments to them for the 'service' I received. Also worth noting is that during my sorry dealings with this company I noticed that they don't seem to like to put things in writing. During the on-line 'chats' to resolve the problem they requested to contact me by my landline phone to discuss the problem. I refused this offer so that I could maintain a written account of what did happen. I have since received more calls from Vodafone and each time I refuse to talk with them. Even though they have my email and home address details they have never communicated the so-called debt issue with me. They are now using a debt recovery agent (who do have my email address!!). As yet, I have not responded to their request. Any advise on what to do next would greatly be appreciated.
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