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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

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Hi. Two weeks ago I called the AA out due to a rear axle fault and they towed my car to the nearest AA approved garage. Due to the fault they loaded it onto the dolly backwards so that the rear of the car was lifted from the road. 2 miles down the road the patrolman commented that smoke was coming from my car, he found a safe place to pull over, opened the drivers door, had a look, came back to the van and said that it was odd and he didn't know what it was. I stupidly assumed the what he thought was smoke was maybe fumes from the back of his van.

 

My car was dropped off at the garage, and as second-hand axles are like gold dust the garage didn't move my car for six days, when they tried to the battery appeared flat. They pushed it onto the ramp, fitted the axle, went to charge the battery and also noticed an oil leak. On inspection of the car he noticed the engine had a hole in it and that was the real reason it wouldn't start. They inspected the vehicle and have said it was towed incorrectly, the car was in a low gear whilst being towed.

 

The AA had ACE carry out an inspection and they have said that "the cylinder block was holed on it's rear face consistent with con rod impact". They have also stated that "no conclusive evidence that the recovery had led to the consequential damage apparent". Yet three other garages have said that towing a car at 50mph when in a low gear will cause the car to over rev, putting strain on the con rod from it rotating too quickly, which will cause it to break and therefore damaging my engine. They have the AA are at fault and that you don't even need to see the car to diagnose the problem, as it's obvious what would happen if you tow a car in low gear at 50mph.

 

As a "good will gesture" the AA have offered me mid book value for my car, which is £1300, they state in their letter that the report is not able to conclude that they are at fault, that the amount is their final settlement and they want me to take the courtesy car back. Once I have paid the rear axle bill it leaves me with £780 to buy a car!!!! I have written back not accepting the claim. I can't use the money to repair my engine, as £1300 is not enough, plus the garage have said that they can't inspect the rest of the car (gear box etc) until the engine is running, so I can't afford to risk getting it repaired as there are probably other things wrong with it. Plus the ACE report said their inspection was limited. I am trying to get a better settlement, I need to recover the cost of the axle, as I would have had a perfectly roadworthy car if they hadn't blown the engine up, plus I need a higher amount to buy a car like for like (mine has a full service history, one lady owner and the engine was in great condition for it's age).

 

Plus the patrolman saw me drive my car and he reversed it onto the dolly, so he knows there was no problems. I was told he had admitted he was at fault, but now the AA seem to be back peddling.

 

Just wondered if anyone else had experienced problems with the AA, or if anyone can give me any info about towing a car incorrectly, or if people agree that they AA are at fault? I don't know how they can try and deny it was them!!

 

My car was perfect before, sailed through it's MOT, and a major service in April and I've never had a problem with the engine.:-x

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Yikes!! Seems like they forgot to take it out of gear after reversing on to the dolly. As they have offered a settlement to me that is tantamount to an admission of liability.

 

Why don't you ask them to replace the engine with a new one and pay the differential. I.e. they pay for the percentage of std recognised useful life left until they broke it?

I wouldn't be handing back the hire car at this moment but you need to keep a dialouge going on a very frequent basis.

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Thanks for your reply.I'm worried about not handing the courtesy car back, as if I don't the hire company will bill be direct and I can't afford to do that. Plus I live 15 miles from work too. They've put me under loads of stress.I have written back and turned down what they have offered, I've asked for the higher book end value, plus money to get the new car a major service as mine had in April (cam belt etc), rear axle, fuel money for them putting me out to collect hire car and getting lifts to the hire car company and compensation for loss of times/earnings/stress etc.I just don't know how they can deny it. Had no acknowledgment of my email sent 22 hours ago, it's Bank Holiday this week, they're making me take the car back on Tuesday, so I'm stuffed from then. Time to phone them!

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dont use phone, only email or letter, so you have a record;

As they damaged your car you want to put back in same position before the incident, irrespective of cost to them.

You need to write and ask for this or you will take them to court.

Alos copy in their insurers; get details from them.

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Hi. Two weeks ago I called the AA out due to a rear axle fault and they towed my car to the nearest AA approved garage. Due to the fault they loaded it onto the dolly backwards so that the rear of the car was lifted from the road. 2 miles down the road the patrolman commented that smoke was coming from my car, he found a safe place to pull over, opened the drivers door, had a look, came back to the van and said that it was odd and he didn't know what it was. I stupidly assumed the what he thought was smoke was maybe fumes from the back of his van.

 

My car was dropped off at the garage, and as second-hand axles are like gold dust the garage didn't move my car for six days, when they tried to the battery appeared flat. They pushed it onto the ramp, fitted the axle, went to charge the battery and also noticed an oil leak. On inspection of the car he noticed the engine had a hole in it and that was the real reason it wouldn't start. They inspected the vehicle and have said it was towed incorrectly, the car was in a low gear whilst being towed.

 

The AA had ACE carry out an inspection and they have said that "the cylinder block was holed on it's rear face consistent with con rod impact". They have also stated that "no conclusive evidence that the recovery had led to the consequential damage apparent". Yet three other garages have said that towing a car at 50mph when in a low gear will cause the car to over rev, putting strain on the con rod from it rotating too quickly, which will cause it to break and therefore damaging my engine. They have the AA are at fault and that you don't even need to see the car to diagnose the problem, as it's obvious what would happen if you tow a car in low gear at 50mph.

 

As a "good will gesture" the AA have offered me mid book value for my car, which is £1300, they state in their letter that the report is not able to conclude that they are at fault, that the amount is their final settlement and they want me to take the courtesy car back. Once I have paid the rear axle bill it leaves me with £780 to buy a car!!!! I have written back not accepting the claim. I can't use the money to repair my engine, as £1300 is not enough, plus the garage have said that they can't inspect the rest of the car (gear box etc) until the engine is running, so I can't afford to risk getting it repaired as there are probably other things wrong with it. Plus the ACE report said their inspection was limited. I am trying to get a better settlement, I need to recover the cost of the axle, as I would have had a perfectly roadworthy car if they hadn't blown the engine up, plus I need a higher amount to buy a car like for like (mine has a full service history, one lady owner and the engine was in great condition for it's age).

 

Plus the patrolman saw me drive my car and he reversed it onto the dolly, so he knows there was no problems. I was told he had admitted he was at fault, but now the AA seem to be back peddling.

 

Just wondered if anyone else had experienced problems with the AA, or if anyone can give me any info about towing a car incorrectly, or if people agree that they AA are at fault? I don't know how they can try and deny it was them!!

 

My car was perfect before, sailed through it's MOT, and a major service in April and I've never had a problem with the engine.:-x

 

Since this post I am pleased to learn that the AA has agreed to deal with your claim and cover the cost of a full repair.

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