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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.
       
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      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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Please help! - Audi a3 purchased through Black Horse in 2010 gone wrong


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Hi all

 

I am new to this forum, hence why my first post is on here!

 

I have an Audi a3 which i purchased through Black Horse in 2010. I still have 19 months left on the HP agreement.

 

Last week i had the engine management light come on, so i booked it into my local garage to take a look. They have found two cylinders misfiring and one has excessive scoring to the bore. All in all an engine rebuild is going to cost me 4.5k or find another engine and have it replaced (again in excess of 1.5k-2k)

 

I dont have the money to fix my car and am wondering what my options are. It is an 08 plate and only done 58k miles so as you can get i am pretty angry with the situation. Black Horse have said they wont have it back unless its fixed so that is not an option at the moment

 

Any help or advice gratefully recieved

 

Cheers

Edited by NickGoble82
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if you can prove the damage was there when you bought the car from the dealer

 

you might have a case under SOGA or selling of goods act?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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if you can prove the damage was there when you bought the car from the dealer

 

you might have a case under SOGA or selling of goods act?

 

dx

 

I don't think the damage was there when i bought the car, also not sure how to prove it? They would have to take the car and run tests on it?

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Have you had a quote anywhere else as the local garage could be misdiagnosing the fault especially on an Audi? Not saying garage is incorrect, but at that price may be worth getting a second opinion. If it is a diesel it could be something as simple as the DPF.

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Surfer has a very good point, the fault they are saying it is would be something you would notice in how the car drives as (I imagine) it would be very lumpy. Have you taken it to a main dealer?

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With Audi TDI engines you would be better off googling the engine block identification (three letters) to see whether it is one prone to injector/ECU issues.

 

https://www.facebook.com/pages/Fix-the-VW-AUDI-Skoda-Seat-Pd170-TDI-Injector-Failure/156033921135623

 

http://www.pistonheads.com/gassing/topic.asp?t=1088107

 

Is it the 140 or 170 hp version ?

Edited by Kiki1
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Cheers for the feedback, its not a diesel, its the 1.4 TFSI. I have had a second opinion and it is unfortunately what the first garage said. Its either an engine rebuild to replace the cylinders or a replacement engine im afraid.

 

It was very juddery on tick over and in the low rev range, and started throwing black smoke out the back (its burning oil).

 

They changed all the coil packs and spark plugs (one was absolutely black which was the one from the second cylinder which is scored) but it didnt stop the juddering or black smoke.

 

The final analysis was that cylinder 2 and 3 are misfiring and 2 has the bore scored and is therefore passing oil through it

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Then this may be the same issue that is apparent on the smaller VW cars, Golfs and Polos to be specific. I recall something here to do with low compression and cylinder/valve wear (on the three cylinder models anyway) from a year or so back.

 

 

 

Another search should give you ammunition on bore scoring and the costs.

 

Is it an import model?

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So you write to the finance company and say 'this is your car, I am only hiring it from you, so what are you going to do about repairs to your car'?

 

What Conniff said ^^^^^^

 

Until the HP is paid in full, the car is not yours.

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