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    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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Simzter

Carcraft Warranty/Last Service evidence

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I bought a car from Carcraft 10 months ago.

It's done 31,200 miles. (Renault Megane Dynamique, 2008)

 

The mileage clock on this car has a countdown beneath it - which I assume is for the miles to the next service.

It's now displaying 800 miles.

I assume this is a service countdown indicator? I maybe wrong.

 

The Service Due light has just come on the dash.

 

I rang them to book it in - however because I neglected to take it in within 6 months they're talking about 'Re-Evaluating' my warranty.

 

Sounds like they want money to me.

 

The terms and conditions state that 'If you're not sure whether your car has been serviced before,

it needs to be serviced wtihin 6k miles or 6 months of purchase, whichever is sooner"

 

- Otherwise servicing could be done within the manufacturers guidelines.

 

The thing about this car is, it shows you how many miles you've done since your last service

- and at some point someone has been and 'reset' the Service Indicator

- meaning it's surely been serviced?

 

I can't find any service stamps in the book,

however surely if the computer has just popped on saying it needs a service,

would I be able to argue that the car was serviced within the last 6k miles

- exempting me from having it done within 6 months of purchase from Carcraft?

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we have them onboard here

 

i have sent them a msg to pop in to this thread

 

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Guest Carcraft Customer Service Manager

Hello there,If you have been supplied with full service history, then you can service your vehicle within the manufacturers guidelines, however, if you do not know when the last service was carried out (unfortunately, regardless as to whether the vehicle has a service indicator, as this cannot tell you when the last service was carried out) then you must have the vehicle serviced within 6 months or 6000 miles, whichever is sooner to keep in line with the terms and conditions. Your guarantee can be revalidated by having a premium service carried out on the vehicle.Were you supplied with any service history? I understand what you say about the indicator 'informing' you, however without actual paperwork, we cannot take this as genuine service history. Kind regardsLinzi

I bought a car from Carcraft 10 months ago.

It's done 31,200 miles. (Renault Megane Dynamique, 2008)

 

The mileage clock on this car has a countdown beneath it - which I assume is for the miles to the next service.

It's now displaying 800 miles.

I assume this is a service countdown indicator? I maybe wrong.

 

The Service Due light has just come on the dash.

 

I rang them to book it in - however because I neglected to take it in within 6 months they're talking about 'Re-Evaluating' my warranty.

 

Sounds like they want money to me.

 

The terms and conditions state that 'If you're not sure whether your car has been serviced before,

it needs to be serviced wtihin 6k miles or 6 months of purchase, whichever is sooner"

 

- Otherwise servicing could be done within the manufacturers guidelines.

 

The thing about this car is, it shows you how many miles you've done since your last service

- and at some point someone has been and 'reset' the Service Indicator

- meaning it's surely been serviced?

 

I can't find any service stamps in the book,

however surely if the computer has just popped on saying it needs a service,

would I be able to argue that the car was serviced within the last 6k miles

- exempting me from having it done within 6 months of purchase from Carcraft?

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One would expect a 'front line' dealer like Carcraft would themselves know when the vehicle was last serviced. Has the OP asked the selling dealer? Are their cars not serviced routinely during the PDI process?


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Guest Carcraft Customer Service Manager

Vehicles are not serviced prior to sale, each vehicle is different, some are supplied with full history, some partial and some without. It is clearly outlined to the customer that:If you have been provided with full and up to date service history you must ensure that you service your vehicle in accordance with the manufacturer’s requirements. If you have not been provided with a service history or, you have a service history which has been provided but is incomplete, you must ensure that you carry out a full service on your vehicle within 6000 miles or 6 months of purchase (whichever is sooner) and thereafter in accordance with manufacturer’s requirements. Please consult your local franchise dealer who will advise you on service requirements for the particular make and model of your vehicle.The PDI is there to show the vehicle is at or above MOT standard, not to service.

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Remind me to avoid Carcraft at all cost! Every time I have bought a vehicle from a reputable dealer they have serviced the vehicle first.

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Hi,I don't beleive I have any stamps in the service book (surprise) - however there is a leaflet from a garage with a few boxes ticked for services carried out, one of them saying "service indicator reset"Attached within is also a shiny new battery for my keyfob.On the same leaflet, it advised that the next service is due at 26k miles.Would this count as evidence of a service?How much is a premium service?When I 1st purchased the car, I couldn't drive it away the same day so had to return to pick up the car 3 days later, then a week later I received a phone call to say that Carcraft had filled in the paperwork incorrectly and we needed to return to sign some new forms.3 trips there and back from Bolton to Rochdale.It's been an absolute nightmare from start to finish, and this is simply the icing on the top of a very grim tasting cake.I'm pretty sure when I bought the car, the salesman assured me the car had had a x point AA check, full service, valet etc.I'd hate to think that he used the word 'service' to prompt a sale.Hmm...I appologize for my tone, I'm so frustarated I'm genuinely considering simply not bothering. I can't afford to pay extra monies to have my car serviced which is why I asked for the extended warranrty.The warranty seemingly would serve more purpose if I recycled the paper it's been printed on.

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Remind me to avoid Carcraft at all cost! Every time I have bought a vehicle from a reputable dealer they have serviced the vehicle first.

 

Check my post below - when I bought the car they told me they'd serviced the damn thing.#Vexed

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So you are saying that Carcraft don't know the service history of the cars they are selling then? As I say, I would of thought it would be basic information relating to a vehicle they were taking in to retail. Surely if you are selling 'quality' used cars, you must have knowledge about their history? It should follow that in the OPs case, it would be a simple matter for the selling branch to check when the car was last serviced to back up the information stored by the car itself.

 

BTW, thank you for your responses so far. I'm sure other Caggers are interested.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Guest Carcraft Customer Service Manager

Hi SimzterCan you provide me with your Reg and i will check all the paperwork on our system and see if there is anything i can do to assist?Thanks

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Guest Carcraft Customer Service Manager

Hi SamAs we sell used vehicles, some vehicles come with service history and some don't, hence we make the customer aware, they sign documents that inform them of whether the vehicle comes with such or not. If not, then to keep the vehicle within the terms and conditions of the guarantee then we inform them to have the vehicle serviced within 6k or 6 months as per the above post.ThanksLinzi

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Linzi, Thank You.Any genuine help will be massively apprecaited and documented back on here.I'll inbox my reg.

Unable to Inbox, lack of posts.Hi Linzi,As reqeusted, my vehicle Reg is:MV08 SWYI beleive we've been booked in for Tuesday 17th July at Rochdale.Kind Regards

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Guest Carcraft Customer Service Manager

Thank you Simzter, I can't promise anything at this stage, however i will promise i will look into this for you.

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Thanks Linzi, we look forward to seeing a positive outcome!


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Guest Carcraft Customer Service Manager

Ok! i have looked into this.Simzter - you did sign the fairs fair document that stated the vehicle did not come with any service history, therefore as per the T&C's on the Drive Happy Application form, if there is no service history, then service your vehicle within 6 months and 6k miles, however you have not done this, in effect making your guarantee null and void.HOWEVER,When you purchase a Drive Happy Guarantee, you are entitled to free servicing, and you are booked into our service centre on 17th July for your free service, i have been to the service department and asked them to use this service as a 'revalidation service' therefore you have nothing extra to pay to make your guarantee valid once again, although, anything noted in the service such as general maintenence, as with any services, the cost will be down to yourself.I hope this is the outcome you were hoping for.ThanksLinzi

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Can't understand why Carcraft don't simply service all vehicles and PDI them before handing over the vehicle to the customer. Why should you need to complete a form with a silly sounding name unless of course you have to pay for it to enjoy the benefits.

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Ok! i have looked into this.Simzter - you did sign the fairs fair document that stated the vehicle did not come with any service history, therefore as per the T&C's on the Drive Happy Application form, if there is no service history, then service your vehicle within 6 months and 6k miles, however you have not done this, in effect making your guarantee null and void.HOWEVER,When you purchase a Drive Happy Guarantee, you are entitled to free servicing, and you are booked into our service centre on 17th July for your free service, i have been to the service department and asked them to use this service as a 'revalidation service' therefore you have nothing extra to pay to make your guarantee valid once again, although, anything noted in the service such as general maintenence, as with any services, the cost will be down to yourself.I hope this is the outcome you were hoping for.ThanksLinzi

 

Linzi, your concerted efforts are duly noted and genuinely appreciated.Thanks to everyone for your support, and a +1 to Carcraft :)

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Guest Carcraft Customer Service Manager

You're very welcome Simzter and thank you :)

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Brownie point for Linzi and Carcraft. AC please note!


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Hi SamAs we sell used vehicles, some vehicles come with service history and some don't, hence we make the customer aware, they sign documents that inform them of whether the vehicle comes with such or not. If not, then to keep the vehicle within the terms and conditions of the guarantee then we inform them to have the vehicle serviced within 6k or 6 months as per the above post.ThanksLinzi

 

What absolute tosh.

 

''some vehicles come with service history and some don't,''

 

NO REPUTABLE DEALER OF ANY KIND (apart from CRAPCARFT it would seem) WOULD EVER TOUCH A LATE CAR WITH OVER 10k MILES WITHOUT SERVICE HISTORY.

 

Utter rubbish!!

 

I've sold 5000 cars before I retired, the service book was the most important bit of the car.

 

I know

Crapcarft know it.

 

EXCEPT THEY WONT ADMIT IT.

 

Unbelievable and utter tosh. Never heard such waffle in all my life.

 

Buy from them @ your peril.

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Have to admit Oddjob the content of the reply did make me raise a Roger Moore eybrow and whince however it seems Linzi has sorted it out to their customers satisfaction so one has to say well done.

 

What is interesting though is that Car craft seem to think this will correct the service history from a manufacuers perspective. As one in the know...........I think NOT.

 

It's a typical way of bucketshop large used car dealers finding a way out of a current situation which will come back and bite a few years down the line when their legal obligation expires and something goes wrong with the car. They are in the clear but when the owner approaches the manufactuer for help they say well no actually as the car has not been srviced like we said it should.

 

Many years ago I attended an interview with same said company and after what I saw I decided no as in my personal opinion they traded in unethical ways with out due care and diligence in relation to the product they bought in from fleet and auction houses. I was then expected to turn that into a profit. Was quite shocked at how they did it so walked away.

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