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    • So they have had their five days plus their extra deadline and the only thing to come from Virgin is a deafening silence.  Next step I assume is to send the warrant letter- on MCOL I can just go ahead and issue the warrant there (which will be an extra £70) as they have neither paid the judgment nor provided a good explanation as to why it remains unpaid. Is it worth beginning another claim against them for noncompliance as they have still failed to fulfil their obligations by providing all the data?   Just to keep all bases covered I actually modified the last paragraph of the letter sent on 11/2  to include the second handset details so it stated 'Therefore if I do not receive full disclosure from you(including all notes and correspondence you have regarding telephone number [Second handset line]) by XXX date [original deadline +5 days] I will sue you in the County Court and without any further extensions and without any further notice.'  
    • Hey Bank Fodder - thanks for the response... The BVRLA are the governing body for vehicle rental and leasing. I do think you are right re: the lease company being responsible, but their argument - on the telephone only - they've never responded once in writing or replied to our emails - is that the vehicle is out of warranty. My response is that a modern car, that is only 5 years old, should not have a leaking window - especially when I can prove with photos that it wasn't bonded properly in the first place, and there is a ton of anecdotal evidence in Evoque forums of many owners having had the same faults - both with the leaking windscreen and the flywheel/clutch issue.   The fact that Lex have told the the BVRLA that the clutch failed due to driving style is infuriating - they cannot know that without having inspected the vehicle. But, when our repair centre did the clutch repair they found the flywheel had failed and shredded the clutch - clear parts failure, and at only 32k miles - not fit for purpose. Problem, is Lex are not listening or engaging with us. In total, for 3 months refund of payments, for when we had no use of the car, plus the clutch repair and leaking window repair, and the replacement car seat (plus any additional compensation we may be due) it comes to about £4850. In Scotland we would have to use something called a Simple Procedure - effectively the modern equivalent of the Small Claims Court. But I am not sure we will get anywhere with this either. So, I am looking for advice on how best to sort this out, and perhaps, the best way to word any correspondence/claim.  
    • That’s what I thought tbf Dx. Noticed it’s all just ‘ifs’ and ‘mays’ at the minute.    Will search just now cheers.
    • Letter done & sent, forgot I even had a cheque book!   In the meantime as I said I had 2 a/c's with BC, this one that owes £2600 and another that owes £2800. Both were subject to the same arrangement but only tis one has been transferred, called and asked them why and they do not know!   I'm thinking I am better off with Link as then, if they can prove the debts, I can look to negotiate a final settlement for both all in one or set up a payment plan for both all in one. Any thoughts please?   Also is there any relevance that one of them used to be with Egg?   Thanks again
    • If the car was due back to LEX at the beginning of October, and it had been at "a repair centre" since the end of September, why didn't LEX just collect it from the repair centre when it was due?  Then the clutch would have been their problem - as you say, a non-faulty clutch should not fail after 32K.   Or are you saying that you extended the lease after the clutch went?  (Surely not... ) Sorry but without a timeline and some clarity from you it's difficult to follow what has happened.   Why wait until mid-November to try to sort out?   Too late this time, but my understanding is that Range Rovers and Evoques have an appalling record for unreliability and are very expensive when they invariably go wrong.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Faulty Laptop! Help


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I purchased a laptop on the 30th October 2008 and within the two months i have had it, it has deveolped a faulty cd drive. The laptop was a advent and cost me 420! I dont feel confident with the laptop i have and just want to exchange it for the same laptop but new. Dont really want a repaired laptop 2 months after gettin a brand new one.

 

I have been to the shop and they said i had to contact a support number and they will get repair it. Am i not eligible for just an exchange? sending the laptop for repair will just cost me in time which i havnt got because i need my laptop?

 

Do i have any rights for an exchange?

Please Reply

Many Thanks!

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A replacement drive would probably cost them about £20 but obviously a replacement unit would be about £420. As for whether the replacement is disproportionate... Also, it's such an easy fix they may just be able to send the drive - remove one screw and it slides out of the chassis in most cases. IMO unless you could say the repair would cause you "undue inconvenience" and back this up, I'd doubt you'd get a replacement - and the replacement would need to come from the store, not the Techguys. (You could also book it in at a time when you need the laptop less)

 

That's also assuming the drive is faulty - in a lot of cases they're not, but some software conflict is stopping it from working properly.

 

Normally, the law allows retailers to repair, replace and (partial) refund in that order, this especially applies to high value items which are costly to replace.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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