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    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think. She was an 'advocate'.. if I recall her intro to me correctly.. So verbal arguments can throw spanners in Court because Plinks dogs outsource their work and send a Junior advocate.
    • that was a good saving on an £8k debt dx
    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
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Charge for unwanted parts


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Hello All,

My wife had a re-occuring problem with the indicator stalk on her car. Took it to the garage and they said a new unit was required (£230 for the part and £50 to fit it).

The garage ordered the part and received it and a repair date was fixed but in the meantime the problem seems to have resolved itself and the indicator is working - suspect its a dodgy contact.

My wife has therefore phoned up to cancel but they are saying the indicator unit cannot be returned to Peugeot as they are refusing to accept it and as such we've got to pay for it even if we don't have it fitted at this time.

Surely this can't be right??

Welcome your informed views folks. Thanks

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Usually, if its a standard part and kept in central stock, then they only charge a returm/admin fee. Special one offs normally cant be returned.

Phone peugeot central parts dept and check.

Have you signed anything saying you accept any terms for the order, if not there is not much they can do anyway to make you pay.

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And the restocking fee could be as much as 20%.

 

Keep in mind though that if the fault is intermittant and should it re-appear during an MoT test, that will mean a failure and your wife will be without a car until it is fixed.

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should it re-appear during an MoT test, that will mean a failure and your wife will be without a car until it is fixed.

 

Not necessarily, as we don't know what the problem is.

 

Especially these days as the 'indicator stalk' has multi-functions.

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Conniffyou have missed his point. It might not be a fault with the "pressing of the lever stalk". It could be, for example, the rotating dial at fault which alters wiping speed. You just dont know, therefore far too general at this point to state that the car would fail its MOT if the fault reoccurred.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I understand that Mr T, but at the time of a test, if the lever is pressed down and the indicators don't work then it will be failed.

The examiners wont (and are not allowed) to play with it although they might flick it up and down a few times to see if it works.

 

Of course your right, it could be the way the driver was operating it and has now got the hang of it and there was no problem.

 

If the garage mentioned is a dealer, they may be prepared to put it on the shelf, but if it was an indepenent, they wont want it on their shelf, so as Ray suggested, the best thing to do is to ring the main stores and see if they have in fact refused a return. Afterall, that £230 will include some markup for the garage so he would try and make a sale.

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No no no no :)

 

No-one has said the indicators havent worked, thats the point. It could be ANOTHER function of the indicator stalk. We havent been told.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I see what your saying, but they called it the 'indicator' stalk so it is reasonable to assume that it is the indicators that are not working as they never mentioned any other function not working.

 

Perhaps we will find out when they come home from work.

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Hi folks - thank you all very much for your comments and you're quire right I haven't exactly made the problem clear - sorry 'bout that. Essentially the left indicator would not come on when the stalk was pressed 'on'. If you contrived to hold it down before it 'locks' then the indicator worked - all other functions on the stalk work fine. This is why I suspected a faulty contact and probably why it seems to have resolved itself.

I've spoken again to the independent garage and to the local dealer and it would appear the refusal to accept the return is from Peugeot themselves so they're next on the list. To be fair to the garage they aren't going to want this 'Comm 2000' unit on their shelf but then I don't really want it on ours. Ho Hum.

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First and last post on this particular thread as I don't want to be drawn into protracted conversations with anybody or anything.

 

However, Peugeot do have a particular problem associated with this part on certain models and certain years, I would suggest your problem has not gone away, it's just not apparent at this time.

 

Buy the part, if it's not needed now it almost certainly will be in the future.

 

Hammy

46 years at the pointy end of the motor trade. :eek:

HMCTS Approved Technical Expert and Independent Motor Trade Consultant

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Which, of course, reinforces my comments that it could just reappear during an MoT and then it would be a failure.

 

You need to think carefully about this one Mr S in light of what Hammy has just said.

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comm 2000 problems were huge when peugeot went to multiplex wiring, wrong side indicators flashing, or wipers coming on when switching headlights on etc. unfortunatly it is true that pug will not accept returns from dealers, totally unfair on the dealer, but that seems to be the way it is. it may seem to have fixed itself but as previously mentioned it will probably fail when you really need it to work.

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However, to return to the original question.:rolleyes:

 

Whether you are liable to pay for it, entirely depends how or if you agreed that it should be ordered.

 

If it was ordered because you asked the garage to go ahead when told that the part was required, then you are liable.

 

If you specifically asked that it be ordered for you, then you are liable.

 

If the garage has ordered it 'on spec' with no agreement from you to proceeded or even bring the vehicle back when they get the part, then you are not liable for the cost of the part.

 

IOW, did you contract to have the part or was it ordered 'on spec'.

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I agree with Hammy. The fault will return. It is best to sort it now whilst you have the opportunity. Leaving it will be false economy.

Most electrical items are non returnable to a Main Agent. The problem is if you are fitting a new electrical part to a car there may also be another electrical fault, such as a wiring short. Just by plugging the new part in you may do irrepairable damage to the unit's internal electronics, however the external appearance remains brand new. You could be returning a ruined new part, the Agent has no means of testing it.

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Which, of course, reinforces my comments that it could just reappear during an MoT and then it would be a failure.

 

You need to think carefully about this one Mr S in light of what Hammy has just said.

 

 

Not really mate - at the time, all I said was we didnt have enough info, not that the fault wasnt an MOT fail. Now we have more info, and it would be ;)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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