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    • Evening Caggers, I've attached what Lowells had sent the OH relating to my CCA request.  If you ask if the credit agreement could be better its even worse in real life (its pretty much unreadable to the naked eye).  They've asked me on the last letter the OH got off them that they would not be sending another copy of the CCA as they've already sent one.  I get that they've sent her a CCA, but to be unreadable this cannot be correct.  Anyway the stars aligned today as the postwoman delivered the contents of the SAR I'd sent to Lowells.  What they sent was generic letters but without the OH's details showing which I thought was quite strange, copies of what I've attached on the PDF and a couple of legacy information from the previous DCA that had it.  What was not included was a breakdown of any additional charges and interest placed on the account nor a Default Notice which I specifically asked for.  Anyway any thoughts on what I've posted would be much appreciated.  Thanks PM  20201031-Lowells OH Vanquis Card Redacted.pdf
    • You need to tell us the story.  I'm afraid that the claim form gives almost no useful information.   You've been here since January and it's a shame you didn't come to us before starting this
    • You made  number of errors:   You didn't take pictures You used Hermes You relied on faith (Bless!)   Yes, you will have to issue legal proceedings. Post up your proposed letter of claim here before you send it off.  Don't expect it to have any effect.  You will have to issue the papers.   Normally Hermes would then force you at least to go to mediation and would then settle for what they think they can get away with in order to avoid court action.   Hermes don't want judgments against them where those judgments would expose their unfair treatment of customers - such as insisting on insurance to cover their own negligence, or relying on a prohibited items list to evade liability for loss.   However, in your case, the issue is not one of insurance or prohibited items.  The question is merely whether the items were adequately packed and so on this issue they could afford the risk of going to court and losing because nothing would undermine their way of doing business. I am telling you this because it means that Hermes might be slightly more determined than usual to to face a judge even though the dispute is over a small sum.   Read around some of the Hermes threads to see how it normally goes - but as I suggested, most of them will not be relevant to you.   I don't see any purpose in sending an SAR in this case but please do tell us if you disagree.   Once you send the letter of claim, you must carry out your threat to begin the claim on day 15. Register on the Moneyclaim website and start getting the claim ready.  Let us see the draft POC before you click it off          
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JST Credit note on faulty part


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Hi everybody:-) Had loads of problems with our car (astra) and we were advised it could be the ECU that was faulty. Went through Breakeryard and were advised a co in Sheffield JST used spares had a reconditioned ECU with a 30 day guarantee. (The ECU tells you where there is a fault on your car)

 

Waited 5 days ( on a next day delivery!!) and the part came. Fitted it onto car and it added another fault- something to do with the immobiliser:???: Phoned JST and they told us to send it back and they would give us a credit note!!!!

 

We have phoned Breakeryard (who JST sell their parts through) who advised that we needed to open a dispute and they would sort out the refund.

 

Got an e-mail off JST who asked if we wanted a copy of their T&Cs if we were going to take further action!!:mad2:

 

What rights do we have to get our money back- don't want a credit note for a co that we will never use again.

 

Thanks guys

<<<If I have helped please tickle the scales;-)<<<

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The replacement ECU (which actually runs the engine as well as storing fault codes) will have needed to be programmed to the immobiliser, hence the fault, the new ECU was probably not faulty at all, just not programmed to work with your car yet.

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Hi space cadet:-)

They sent the ECU, transponder and the chip to put in our key- the chip was damaged- it had a piece of plastic missing and we could see copper inside!!

 

Just want the money back now as our car is still off the road.

They're saying if you order electrical parts that don't work they will replace or give a credit note- it's in their T&Cs- which aren't available unless you ask for them:???:

Surely this can't be right- they could send out any old tat but would still either have the money or the customer would have to spend their credit note there???? Win win for them me thinks!

<<<If I have helped please tickle the scales;-)<<<

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Phoned breakeryard.com and they said they were going to sort out a refund. JST have sent an e-mail today which read:

 

"You will not be getting a refund!!"

 

Obviously we don't want a credit note from this co- is there anything in the distance selling regs for buying a used part? Or do we have any come back at all- their T&Cs aren't on the site when you order but they have kindly said they will send us a copy!

<<<If I have helped please tickle the scales;-)<<<

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Phoned breakeryard.com and they said they were going to sort out a refund. JST have sent an e-mail today which read:

 

"You will not be getting a refund!!"

 

Obviously we don't want a credit note from this co- is there anything in the distance selling regs for buying a used part? Or do we have any come back at all- their T&Cs aren't on the site when you order but they have kindly said they will send us a copy!

 

If I'm reading it rightly, you ordered something that was programmed specially for your car. That would make it a bespoke item and would not be covered under distance selling.

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Hi Graham- it wasn't programmed specifically for our car- it was just for the same year car. Does this make any difference??

 

The part that they sent had a piece of plastic missing out of the key chip so was in my mind was faulty.

 

Space cadet- when you say it wasn't programmed to our car- is that where you press your lock/unlock button on key while in position 2 on ignition- we did all that and it still had the original fault plus an immobiliser fault too.

 

I just can't believe they can send you a part with a 30 day guarantee then won't refund your money if you send it back as not working within the guarantee:???:

 

They are being smart ar*es too sending snotty e-mails.The co that they sell through have said we should get a full refund- I just hope they get a better attitude off them.

<<<If I have helped please tickle the scales;-)<<<

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Under the distance selling regulations you have 7 working days starting the day after you received it to examin and either accept or reject the item. You can send it back and they 'must' refund you within 30 days. Unless is says otherwise in their terms and conditions, they must also refund the postal charges. They cannot add that condition after it has been sent.

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Thanks Conniff - they are saying it's stated in their T&Cs that if you order an electrical part they will only refund us a credit note- their T&Cs are nowhere on their site when you order and when this was pointed out to them they told us they would send us a copy!!

 

On the website that we found them thru their FAQs state if the part doesn't work they should offer a refund and if they refuse you can open a dispute- this has been done but they're still insisting no refund- we need that money to sort the car out and get it back on the road:-(

 

Thanks for that info- will have a look at the DSR -what about what Graham said- it is a bespoke item therefore not covered under DSR?

Sorry to be a pain in the butt!!

<<<If I have helped please tickle the scales;-)<<<

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The programming needs to be done by a dealer or specialist so that it matches things like key codes and chassis no's etc. Unless you do this none of them will work. They have to be re-programmed to the individual car. It's not just a case of re-setting the key fob. The imobiliser cuts the fuel supply, ignition circuits, starter circuits etc etc and unless programmed to match..............forget it. Not necessarily JST fault.

 

The returns policy just follows standard manufactuers T&C's for electrical components sold to the public and you won't be able to necessarily prove the used item supplied was faulty unless you can confirm this from a manufactuers dealer who has tried to programme it.

 

That's why they don't work.

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