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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      By flimes · Posted

      Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • northmonk
      NPC/DCB(L) Vanishing Windscreen PCN Claimform - Taxi - Appealed - No Parking Or Waiting At Anytime - St Thomas Hospital, London, Se1 7eh.

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      Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

capquest sd re littlewoods CAT DEBT - ***WON***

chezza2409

By chezza2409
in Mail order catalogues

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chezza2409

chezza2409

Posted
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Had a call today from CQ, it was the woman named on the stat demand getting back to me from the call I placed almost 5 weeks ago. I told her i was recording the call and therefore not to incriminate herself lol she asked for my date of birth andwhen i gave it her she replied "thats not what i have here" I then said well if you had given me the details I asked for in the first place we could have clarified what I have said all along "THIS

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chezza2409

chezza2409

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IS NOT MY DEBT" she then said she would be writing to the court to say she could not get the appropriate documentation and would be closing the file and sending a copy to me. I then thanked her for her delayed call and said that since I had spent a lot of time worrying and preparing for this hearing I would still be attending whether she sent a letter or not. Was this the correct thing to do. She completely caught me off guard??

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42man

42man

Posted
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We carry on as usual Chezza.....well done. Keep me posted....I suggest that if they want to discontinue this action they pay your costs for the time you have spent researching both Consumer Law and Insolvency Law, and you will not back down unless they pay them.

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stuscfc

stuscfc

Posted
Posted

Exactly no proof its her but as they send so many out some might have tryed to contact her and as it makes a SD invalid if you cant then maybe they have come up with something hmmm DCAs dont lie because they said so, and to moorcroft that letter you sent i dont think so lol.

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fiftypence

fiftypence

Posted
Posted

I've had a couple of SD's and tried to phone one of the names that appeared on one of them and had a very interesting conversation with a phone monkey who basically said the person I was trying to contact NEVER takes calls from anyone. That was Lowells if anyone was wondering.

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fiftypence

fiftypence

Posted
Posted
Well under the rules governing the issue of an SD you should beable to contact the person who is named on the form.

 

True, and if you can't contact them I believe its another reason for a set aside, in fact it could be the only reason for set aside although I don't think I would try and rely solely on that myself. :confused:

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chezza2409

chezza2409

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Hi stuscfc, Yes, it was her that called, or that is what she called herself. But my original call was made over 5 weeks ago and i had put on my affidavit that i had tried to call her a few times and the "monkeys" there had said she was only the woman that signed the legal paperwork. make of it as you will.......

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chezza2409

chezza2409

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hi all, well received two letters from CQ today. the first saying " we thank you for your correspondence. We can confirm this account is now closed and we will no longer pursue you for payment."

 

The second is about the Stat Demand. Sorry i can post it as i dont have a scanner but I will write what it says.

 

Dear Chezza

 

application to set aside the Statutory Demand

****** mrs **********

Hearing date and time

 

We acknowledge receipt of the application to set aside the Statutory Demand.

 

We have recognised that your defence has been copied and pasted from a website, almost entirely word for word. We believe that the court will not be impressed with the fact that your evidence is a copy of a standard version found on the internet.

 

We also note your claim regarding costs to be awarded against Capquest Investments Limited, being that of #170 per hour spent on preparing the Application. This again is a standard wording. We are concerned that your application may be an attempt to mislead the court. You make statements that:

 

a. You are a lone parent.

b. You have a low income.

c. You approached a solicitor.

d. You have incurred costs.

Are all of these true?

 

We believe your costs are minimal because there was minimal amount of time spent on your application and the solicitor fees were not incurred.

 

We will be willing to set aside the Statutory Demand but with no order as to costs. Please let us know within 14 days of you agree to this. If we do not hear from you our agreement to setting aside the Statutory Demand will be reconsidered.

 

yours blah blah blah

 

please can you advise me what to do now cos im at the end of my tether with these jokers.

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tiglet

tiglet

Posted
Posted

OK:

 

1. The court will not give two hoots about whether you have taken advice from a website or not. at the end of the day, you are a LIP and so needs must in terms of research.

 

2. 2 a. You are a lone parent.

b. You have a low income.

c. You approached a solicitor.

d. You have incurred costs.

Are all of these true?"

 

Well, are all of these true?

 

3. They do not make the judgement as to whether to set-side the Statutory Demand or not, that is up to the judge.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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stuscfc

stuscfc

Posted
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The judge i had nooded when i told him i had advice from here no comment on if it was wrong or not as it was part of my research and as tig said the judge is the one who says yes or no to a set a side judgement and to what costs are ordered and i was quiet blatant to that fact and of what CQ had done with other cases.Trying to dictate to the court that no costs should be added i dont think goes down that well realy.I had a letter about no costs being awarded to myself from this lot and they were willing for the set a side which CQ sent to the court but i had my costs.

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42man

42man

Posted
Posted

Let's face it Chezza...you would be very silly to just use advice from a website, I know you have sought advice from a solicitor and done your research !!! It makes no difference what they say....let them put it up in front of a judge !! Once again, they are QUITE HAPPY to issue stat demands, use the Insolvency service as a means of debt collection when they HAVE NO PAPERWORK to back up their claim....then back out....still they try and go on the offensive.....I think they need to seek legal help themselves and maybe employ a qualified solicitor !! ridiculous....

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chezza2409

chezza2409

Posted
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firstly let me say a big thank you to everyone for putting my mind at rest. These people really know how to make your blood boil.

 

Secondly, Yes I have used the internet to research the consumer credit act and the insolvency act. This was a must as I am literally housebound due to my illness, but they havent taken into account that I said in the beginning (this debt was not mine) had they done their homework they could have established this and saved me 40+ hours trawlling the internet in desperation before I came across this life saving group.

 

I am a lone parent

I have a low income

I did approach a solicitor

I have incurred costs

 

All of the above are true.

 

So, do I reply to their letter or just treat it with the contempt it deserves????

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stuscfc

stuscfc

Posted
Posted

just take the letter to the court and let the judge see it.it is right what 42 man has said they wont turn up in court but they might send 1 or 2 letters before it but dont worry just put them in your file with the rest and stick to you guns.

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MARTIN3030

MARTIN3030

Posted
Posted

Hit em Chezza.

Where are you located ?

Lets see if we can get some support for you in January.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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MARTIN3030

MARTIN3030

Posted
Posted
Hi just a question did joanna okeefe contact you the person who is stated on these SDs as i have tryed to contact her myself and a few others have also.

 

I have another number (for Slater)-0870 084 3586

Charged at national rates.

Slater is in charge of final decisions bla bla bla.

Ms Okeefe does not figure in any of the listed officers in Capquests main CCA licence.

Neither does a certain Gary Trappett who is listed as a sole Trader 0611493

Trading names (wait for it)

 

Capquest Online

Capquest Recovery

Discreet Recovery Services

On Track Services

On Track Solutions

Solutions

 

nature of other business;Building work ......

 

 

If anyone is confused-you can be forgiven

 

Trying to unravel Capquests connections is probably harder than winning the lottery.:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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tiglet

tiglet

Posted
Posted

Well, they've only got one week left to send me a cheque for my costs or I'm sending the bailiffs in!

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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