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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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power steering failure - rac warranty


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Hi All,

 

I am just pre-empting a problem I think I might have!.

 

Bought a car in Feb, came with 3 months dealer warranty and 6 months RAC warranty.

 

The steering was heavier than my last car, but it's a 7 seater where my last car was only a 5 so put it down to it being a bigger heavier car.

 

Then noticed a few weeks ago that the steering was bit heavier, thought maybe I was imagining it, it was a hot day, I was tired, put it down to me just being tired!

 

Then 2 weeks ago I tried to do a 3 point turn and got stuck in the road, then couldn't parrallel park either .

 

Phoned the RAC and they told me that the power steering was covered and to take it to a VAT reg garage. I took it back to where I bought it from as it was closest and they have their own garage.

 

Left it with them, they drove it down the road and back and then told me nothing was wrong, I explained that it was heavy on slow manouveres such as parking or 3 point turns!.

 

They checked again and called me back to say the power steering pump was failing. They said they would have to get authorisation fomr the warranty co for the part etc.

 

So they said they'd get back to me.

 

They got back to me said the repair was authorised and they would do it, they told me it would take a day, 3 days later it was still not done. Told them I really needed the car back, they said the car was fixed but they were waiting for authorisation from the warranty co for the other 2 parts that the car needed. They said they could not release the car to me as who is going to pay for it?

 

Told them that I did not know about the other two parts! they told me that they replaced the pump but then had to do the rack and something else (i didn't catch it).

 

Told them I need the car, they told me one day and they had it for 3, I needed it for the weekend.

 

They said they'd call me back, which they did on Friday. They said they would let me take it but that I have to understand that if the warranty co don't pay then I will have to!

 

I said there shouldn't be a problem with the warranty should there? but they siad they did not know.

 

I picked the car up on friday and they said they would call me today and let me know.

 

Now here is the problem - the steering is still not right, it felt fine when I picked it up, it was a relief to be able to turn round etc, but on sunday I went to go out and when I turned the wheel there was loud high pitch whirring noise, the steering wheel shudders back and forth, I drove down the road and back, and even going in a straight line the is a loudloud high pitch whirring noise. Turning right and the whirring is loud and the sterring whell shudders, you can also hear the whirring in time with the shuddering wheel. so came home.

 

I am very worried about this now, it feels all wrong. But I am worried that if i take it back to the garage and the warranty co say they will not cover the repair that they've already done, then they will again not let me take it till I have paid.

 

I have NO MONEY for this repair, as far as I was concerned it was covered by the RAC warranty, they should not have done more than they were approved for, assuming that I would pay.

 

Any advise please. It need to go back, as it's not fixed but I'm afraid they will hang on to it if the warranty co do not cough up!

 

Help!

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Hi Oddjob

 

Thanks for replying

 

Yes, definatley worse when turning corners, not sure about after it's warmed up as I was scared to go too far! But what about the shuddering in the steering wheel?

 

Also any thoughts about the issue of who pays for the repair, warranty co or me?

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on some cars they are self bleeding to do this start the engine and turn the steering fully to the right then to the left do this about 6 times and see if it helps.

iam presuming there is fluid in the system.

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Hi All,

 

Just to let you know, I tried Zumbanikki's suggestion last night but I'm afraid it didn't help, but thanks for trying Zumbanikki! :-)

 

I took the car back to the garage this morning and made them come to the car and I showed them excatly what it was doing, before they had just taken the keys and I left, but this time I pointed it out to two mechanics, both stood there and said that it wasn't right, apologised and said they'd get it sorted. There is also movement and a clicking noise when you move the steering wheel bit to the left or right, like there is something loose!. You can hear the whinning noise even when it's not moving, and when driving in a straight line the whinning gets higher ptiched the faster you go!

 

It's all a bit weird - I'm not a mechanic, but it sounds like there's a giant sewing machine in the engine!

 

They have still not said anything about the warrnty covering the whole of the initial repair, so I assume there's no problem.

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No matter who pays for the work to be done, you must ask for an invoice showing the work done and the parts replaced. This is part of the cars service history and will help you when you come to sell it, you are entitled to it.

 

 

Ask them what are the two other parts they have replaced, they have an obligation to tell you and if you ask, show you.

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Hi Conniff I will make sure I get a brekdown of what's been done definately.

 

Just called them today, they told yesterday that it was the steering rack that was the problem and what was making the whinning noise (this was the secodn part which had supposedly already been replaced!) and they ordered a new one which would arrive this morning and so car should be ready this afternoon, told me to call after 2pm.

 

I rang at about 3pm and was told that they have ordered yet another part! and it will come tomorrow morning.

 

He was the guy that I showed the problem yesterday and he said he was sorry it was taking so long to sort out and they really want to get it right for me and appreciated my patience which was fine but I am now assuming that none of this is going to be payable my me because surely a garage doing work always rings you beofre ordering parts etc to tell you how much it will be before fitting anything etc so you can say not too.

 

This has always been the case when I took my old car for services or MOT's, they rang to say it needed something doing and how much it would be and I would give the go ahead.

 

I am just worried about them calling tomorrow and telling me that I have a big bill to pay!

 

What do you think?

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Sigh* Called them yesterday, another part is needed whcih they are going to go and pick up as delivery will take too long, I have told them I need my car back today!! I hate sitting around on the weekend, I have kids and they need to get out and about.

 

They have promised that it will be ready this afternoon.

 

So bored of this now!

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Hi zumbanikki,

 

I'm afraid not!. Called them today around 2pm, they told me they were on it now and would be ready to go later today.

 

I called back at 5.15 and they told me it was nearly done but they don't have time to test drive it, so I'll have to pick it up tomorrow morning! So annoying 😞

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