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    • Good morning.    I would like some advice please.    I recently (19th nov) bought a Samsung Galaxy S20+ from currys. I did open and set up the phone to try it out but 1) wasn’t keen on it and 2) had trouble with the usb connection when trying to connect with my car stereo.   I decided that I would seek to return it, but only on trying to return it came across the stipulation that if data/software has been installed then a refund would not be issued and after calling was told this was due to GDPR. I did point out to them that phone providers will issue full refunds even if the phone has been set-up and also that in order to be able to test the phone it requires setting up and software/data being installed but was told that it’s their policy.   I acknowledge that I may have handled it more than is reasonable in a shop as you wouldn’t be able to install software in a store, however the phone did need to be set up in order to test it, the phone has been returned back to factory settings and didn’t leave a case or the plastic film for the two days I used it for. Therefore I do not believe it was handled more than necessary.   Having looked at the CCR and CRA I called back to state that their store policy is super erred by the previously mentioned regulations and that their policy contradicts the Consumer Regulations Act.   As you cannot properly test the phone without having to install software on it, their policy creates an unfair term which I told the customer service agent over the phone who spoke to her manager and told me to contact their legal department.   I am still within the 14 day notice of return period so wish to try and preferable use this route.   Any advice at all please?
    • Here is all the details (hopefully) in one post.   The Ford Kuga was purchased from Fast Motor Finance LTD Crawley on 8th September 20 Mileage at purchase was 109520 through HP fiancé via Advance Finance Grimsby   The car was covered by a 6 month warranty that includes engine & gearbox but excludes clutches, flywheels or any wear & tear (Taken from the garages website)    Service History:   08-04-2013 Pre-delivery Inspection 26-11-2013 12809 Service (no paperwork just stamped book) 09-07-2014 25963 Service (no paperwork just stamped book) 09-02-2015 36814 Service (first Invoiced service but no paperwork just stamped book). Gearbox service would of probably been done here but can't verify. 16-02-2016 50385 Service  (Full service, paperwork and stamped book) 31-03-2017 64680 Service (Full Service, paperwork & stamped book) 13-02-2018 76988 Service ( Full service with gearbox service, paperwork & book stamp) 29-03-2019 92592 Service (Full service with paperwork & book stamp) 11-02-2020 106322 Service (Basic Service, no paperwork but book stamp)   As there was no paperwork for last service the garage which serviced the car were able to email over that the service was a basic oil & water change and that the gearbox oil and filters was not changed.   At the beginning of November the gearbox started making some noise and was having trouble selecting gear.   The finance company  asked for the car to be taken to a VAT registered garage to find out what the problem was and not to drive it further.   After the garage looked at the car the estimate was for a full service of the gearbox which would be £370 but because it had gone over Ford recommended mileage for the gearbox there would be no guarantee this would clear the problem and that would mean a replacement gearbox would be needed.   Since picking the car up in September the car has driven 1500 miles.   Spoke to the garage as was informed that the car was over 30 days old and there was nothing they could do and the gearbox would not be covered by the warranty as this would be normal wear and tear!   The warranty company said exactly the same and would not entertain us.   After countless calls and emails to Advantage finance a formal complaint was raised and they finally agreed to send one of their mechanics to inspect the car last week 19th November. The mechanics ahs reported back to Advantage that the noise is down to wear and tear and Advantage have closed the complaint and are sending out a deadlock letter that includes a copy of the mechanics report.   Would their mechanic have to be DEKRA registered to complete the report or Advance Finance own mechanic?   This now means that the car cannot be driven is still at the garage and will need a minimum of £370 to make it driveable on a car that has been driven 1500 miles since collection without a guarantee that this will cure the problem.   We are both key workers that need the car to travel to and from work as well as take our son to nursery, and at the moment having to rely of friends and family to help out with lifts.   I have spoken to Ford and they have told me these car need to have the gearbox serviced at around 35k and at a very maximum of 37.5k and have put this on letterheaded paper, I have also emailed a couple of other Ford and independent dealers to get details of this as well.   Would it be worth getting an AA or RAC inspection done to check the gearbox and to see if there is any other problems with the car.   Thanks again to everyone epically dx & Bank fodder who have helped me with advice.   JJ    
    • nothing they can do anyway so..   dx
    • I've successfully had a Claim discontinued using the exact stages recommended by Andy and DX. They are outstanding individuals in the fight against these dreadful DCA's! Good luck.   'L' will likely pull out at the eleventh hour but mean time try to fob you off with bank giro slip copies as Contract proof lol. Stand your ground!   Also my Letter Before Action actually came AFTER the  Money claim. They can't even get the pre-action protocol right.   Another thing they tried was pretending to send papers that looked like they were from the court for me to sign re: Claims Track.. Boxes had been pre-checked by them to dupe me into signing their preferred action. I printed out my own and sent those to the court instead. 
    • Talks about borrowing £30m have reportedly failed, potentially putting 15,000 jobs at risk. View the full article
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Supermarket bumper accident, no injuries


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I have been driving for less than two years, but am about to qualify for my 2 years NCB for the first time. I drive about 25K miles pa with no accidents at all up to last weekend. This was when another driver was backing out of the parking bay opposite to me trying to back out too and swung round to exit, whilst I was stopped to re-manouvre to go the right way, and he hit my bumper causing the panel to come loose. He tried to drive off but I stopped him and I called police and our details were exchanged. Before the police arrrived he tried knocking on windows putting words into mouths of drivers, instead of just askign them what they saw as an open question. He was saying 'didn't you see her bash into me?' One driver, who refused to be a witness officially and would not leave his details either said : "no you bashed into her." I got his reg. no, just in case. I also video'd the back of the other party's vehicle and this showed no damage at all and photo'd my own car damage, which was visible. I was very angry at the time at what had happened and his attempts to drum up 'witnesses' in the way he was doing. Two women, who overheard the commotion 'got in on the act' and said I had been at fault and were very abusive toward me. One said I was at fault because the other driver was an older man and I was bullying him and getting angry; the other said I was posh for having a brand new car. Both were opportunist chavs out on the make and both were mouthy and one tried to pick a fight with me too. I have no doubt that they will want money from the other party if they are called upon as witnesses officially. They were just fake witnesses. I told police this when I arrived. Police did nto take witness statements, because it was a no injury incident, and said they were there as a 'courtesy' and to facilitate exchange of details. In fact all I got was the other party's name and insurance policy no. His insurance company name was wrong and there was no address (the latter was rectified later on).

 

My local garage said there was a small dent to my car, but the bracket beneath the panel was broken and needed replacing at a possible cost of around £150.. There was no bodywork paint damage or visible paint from the other vehicle.

 

I reported the matter to my insurance company and they decided not to log it officially and said I should claim directly from the other party's insurer and if they accepted full liability my policy would not be affected. I did this. The other party's insurer said they had heard from the other party, refuted my version of events, but would send out a claim form to him. In the meantime. before he received them, I went round to the other party's house and he showed me a scratch to his car which was not there at the time of the incident. He made it clear that he was not interested in claiming for his 'damage.' But since receiving his insurer's policy claim form he put a note through my door asking me to call him. I did and he is now saying that he has got an estimate from the garage for his car and is making a claim directly to my insurer for the damage to his car now. This is completely fake. There is no damage to his car and his actions seem to be little more than vindictive and fraudulent. He is trying to harass me into not putting in a claim at all and if I do he will do a like for like claim against me, even though he is lying and I am not.

 

I feel very angry about this. I have video evidence of the back of his car; I can evidence that he showed me damage to his car days after the incident date (why not at the time of the incident, if he felt I had damaged his car??). There is no CCTV of the supermarket carpark and I have no willing witnesses and he has two fake ones.

 

How do you advise I deal with this. I am at my wits end. My insurance will sky rocket if he puts in a false claim and my insurer decides to capitulate. If I don't claim against his insurer directly, instead of going through mine, he will do the same to my insurance company or he will drop it only if I pay for the damage myself. He has already stated that he doesn't care at all about his car, which is 9 years old. Now he is saying that he has a scratch, the paint over won't match due to fading and therefore it will need a brand new panel. I have evidence that he is lying about the scratch and his behaviours post incident don't in any way match that of someone who believed I pranged him rather than vica versa.. Despite all this, I am not sure I can fight two fake witnesses when I have none and nothing else to back up my story. Should I call police and take the offensive and report him for pending insurance fraud?

 

Please advise. I would really appreciate it.

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You have been stitched up here and I think the most econmical way out of it, is for neither driver to make a claim. If you proceed with your claim, if he manages to get the 2 witnesses to put pen to paper, you could have it recorded as 100% your fault. You are unlikely to win.

 

With the policy excesses and increased premiums, there is nothing in this for either driver. It would be cheaper for you, to both sort of the repairs to your cars at your own expense.

 

If I were in this situation, I might try to speak to the other driver saying that the way it is going, the only winners are the 2 insurance companies and what you can agree to stop this happening. Both withdraw in writing, both getting copies of letters, for future reference.

 

I have had small prangs before and where you can, it is better to not involve Insurers.

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