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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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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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