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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      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 A4 B8 problems, advice needed!


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Good evening all,

 

Thank you first of all for taking the time to read this post.

 

Approximately 5 weeks ago I purchased an Audi A4 B8 2008 with 75,000 miles on the clock, full Audi service history from a company called Brooklands Motor Centres in Leeds, West Yorkshire.

 

After owning the car for a few days I noticed immediately the gear changes where stiff and the clutch pedal went down in stages instead of a fluid motion and there was a loud noise when breaking and sharp turning of the vehicle whilst moving.

 

I phoned Brooklands and they said to bring the car back up for them to inspect, I left the car with them and was phoned a few hours later saying they had changed the front break pads and there was nothing wrong with the gearbox/clutch, within the next 2 days the clutch and gear selection began to get worse, the clutch pedal operation was horrible and selecting first and second gear at times was impossible, I would have to roll the car forward slightly for the gearbox to slip in to first. Luckily my family are all grease monkeys and they checked the work on the front breaks, they all said Brooklands had not changed the pads at all, they hadn't even greased the sliders, the noise continued from the breaks.

 

At this point I was annoyed and returned the car again unannounced and said I wasn't happy with the car and I thought they had made a mistake with the gearbox/clutch and hadn't carried out the work on the breaks properly, they took the car again for a full day and said they had now changed the pads, greased the sliders and changed the gearbox oil.

 

I knew instantly they where trying to make cheap fixes to the vehicle in the hope I would fade away, after the car was returned to me by this point I was furious but gave them the benefit of the doubt and took the car away, the very next day the clutch was worse and by this stage I had my family look at the car who said it sounds like the clutch fingers have collapsed, I instantly took the car back to Brooklands, bypassed the sales staff and went straight to the head mechanic who tried the clutch and said instantly the car needed a new clutch/flywheel and the noise was actually coming from my back breaks and needed new pads and disks.

 

Finally I thought I was over the worst and could look forward to enjoying my new car, 3 days after Brooklands having my car for the clutch repair Brooklands phoned and said 'sorry matthew we had to send the work out and when they fitted a new LUK clucth kit it wouldn't engage reverse or 1st gear so we have to strip the gearbox down and replace the clutch again, 6 days later I finally had the car returned, clutch felt ok but very heavy to engage but the clutch pedal operation no longer went down in stages and couldn't hear the clutch from the engine bay but at times I noticed the pedal would never fully release to it's normal position.

 

Less then a week of having the car the problem returned, the clutch pedal is pushing down in stages and you can clearly hear the clutch operation from the engine bay and the gear changes are so stiff and difficult.

 

I have now returned the car today and the attitude of there staff is unbelievable, they talked to me like I'm a nuisance, in total I have taken 5 days off work, have had no access to the car for approx 8 days and they have no respect for the fact I put my faith in there company to sell me a reliable car for me and my 3 year old daughter and all I have so far is a piece of crap with an expensive Audi badge on.

 

I have notified the company I took the finance out with Santander but need advice on what I can do as a consumer, am I able to ask for a refund or a replacement car, what would be the next sensible steps?

 

Thank you in advance,

 

Matt Wilson

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If it was a Santander "Motor Loan" you obtained then afraid to say that you are on your own. I was done with this "Terminology" as it is only a fancy name for a personal loan----checked it out with authorities.

If it was proper HP then Santander actually own the car and must help you.

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Hi guys,

 

sorry it's proper HP finance it's not a loan.

 

I've contacted Santander and they have said they will send me some complaints forms, is that all I need to do at the moment?

 

Thanks

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No, that's not enough. It is their car and it is their responsibility to get it fixed.

 

 

This is from Trading Standards:

 

 

HIRE PURCHASE

This type of credit is commonly used to fund the purchase of vehicles. When you agree to buy a car on hire purchase, the garage sells the car to the creditor (finance company) which, in turn, hires the car to you with an option to purchase. The creditor owns the car and ownership does not pass to you until the last payment has been made. During this time, you cannot sell the vehicle without the creditor's permission as you are not the legal owner.

You are not bound to purchase the vehicle as the agreement gives you a right of termination under certain conditions (see below).

 

Your contract is with the creditor and not the supplier of the goods. It is, therefore, the creditor that has a contractual responsibility to you if the item is faulty. If you have a complaint, your letter should be sent to the creditor, with a copy to the supplier.

 

See our leaflet 'Writing an effective letter of complaint' for template letters you can use should this situation arise.

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