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    • ouch you really have been flying kites here and letting the claimant control things. it is worrying that the sheriff has tried several times to nail you about this (factious) payment,  but its also lucky and interesting to see he has not shut the door on your new issues . typically the situation you see yourself in, is one that we put the claimant in by our std defence (that you are reading now)    i think a bit of crawling is now in order( for want of another word) and it needs to be made 1000% clear to the sheriff ( even if by a little white lie) that it transpires there most probably never was any settlement made to HBOS by the ex   some vague explanation that he has confirmed he never did, and bring in the fact that he is a currently deployed by the UK military forces abroad we believe and communication has been to put it politely very difficult due to the nature of his deployment..it might also now be time to mention the mental issue ( with proof) , your daughter suffers from and how these obviously contributed to the situation and p'haps of being thus exploited by the EX whom if one were to be honest m'lud, is a bit of what someone would describe 'as a rouge'.   then your defence focus needs to switch to  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment. © Provide a breakdown of the excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   particularly a.b.c. explaining in concise but brief detail why each if not produced , is fatal to any enforcement of an OD debt claim   have you yet included  The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   in anything to the court to date.        
    • Re a possible s75 claim - is your Amex card a credit card?  I ask because it certainly used* to be the case that some American Express cards, although commonly described as credit cards, were actually charge cards (where you had to pay the whole of the outstanding balance at the end of the month) and were not credit cards - and therefore not eligible for s75 claims.   *  I suspect that these days all AmEx are credit cards, but you might want to check to be sure.  If it isn't a credit card you might want to consider what you use it for.
    • In reply to your earlier message, the payments were made regularly to the S/C and A/C that I provided.  The payment was always made to this account for the card using the PAN number, however the error payment was made without any reference to the same. Lloyds bank changed the reference number from the PAN of the card to 2686XXXX not sure who changed it to this if it was Lloyds or Lowell or when it was changed.  Then subsequently Lowell changed the A/C number again to their one that they quoted on the POC.    All I can ascertain is that the payment was made from Santander to the A/C above in error but after Lloyds had sold the Debt and Assigned it elsewhere. However, according to Santander the payment was made with no REF number sent with the payment.   I also received the order from the court yesterday which I have attached. There are several items that the court is asking to have for the hearing but haven’t had anything from the Claimant.   What is the best next course of action as the court is asking that we attempt to resolve this before the hearing?   Court Order.pdf
    • Car value apparently £2200. ( post #3 )   Car hire possibly £3000.   Wonder why the third party Insurers Admiral are refusing liability to pay !   Not sure ths is really about who is at fault for the accident, but is more to do with AX and their expensive courtesy car.   Pretty sure this claim would have been settled by Admiral, had the Sister dealt with this claim not using AX.   Think that a complaint to AX should be made, but possibly after sending them an SAR to request all information including any phone call recording where any courtesy car was discussed.    
    • Hi again, just a quick update.   The collection has been arranged for tomorrow, 6th March, the refund will apparently be processed after collection is done and should be completed within 5 working days.   Will let you know when it's completed...    
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
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I bought a car from Car giant four days ago. On the way to home I noticed a knocking kind of noise from the engine. I believed it's a minor problem but I immediately booked an appointment with a SEAT service center for an inspection. They confirmed engine sound was due to lack of service and it will take 5-8 hrs to strip the engine and find the problem. They said most probably new engine may required. They also showed me next service due to date and mileage on the service book had been tampered. Actually I didn't noticed or believed that it had altered at the time of purchase. Next service date altered to 07-06-2016 from 07-06-2015. We can see this clearly, it has been altered by pen. No service been carried out in 2015. Had I seen there was a missed service I wouldn't have bought the car. Now due to this lack of service, engine appear to have damaged. Only one service been done from new (06-2012).

 

 

I called to Cargiant today to return the car for a full refund. They said they want to inspect the car and fix the fault. Recovery has been booked. I told them I was sold the car with tampered service book hence I need the full refund of the car regardless of type of the engine fault. They said they cannot take the responsibility of the tampered service book because that's how they received it from the previous car owner. I believe this so un-fare to sell a car like this. I'm wondering what are my rights in this case.

 

 

Can I request for a full refund just based on tampered service log book ?

 

 

Thanks for your advise in advance

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Yes, you can.

They're supposed to be the experts and they sold you a car with a doctored document.

Service books maybe not legal documents, but they make a huge difference in car prices.

Also, like you said, many customers would not buy a car that has been serviced only once in 4 years and had a tampered service book.

If someone has messed about with the service book once, what's stopping them doing it for every service?

So maybe the car was never serviced.

Regardless of this tampered book, you are entitled to a full refund because the car is not fit for purpose.

You bought a 4 year old car and now they want to give you a 4 year old car with a "fixed" engine.

Refuse the repair and get your money back.

If you've paid by card you can ask the bank for a section 75 refund or chargeback, accordingly to what type of card you used.

If the car is financed, the finance company owns the car, so I think it's their problem.

I'm not familiar with finance, so other more knowledgeable caggers will tell you how it works.

One piece of advice: Do not keep the car for whatever reason.

Stripping an engine, repair it and put it back together is a job that very few people can do and even main dealers struggle to get the engine run as intended after a strip down.

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Yes, you can.

They're supposed to be the experts and they sold you a car with a doctored document.

Service books maybe not legal documents, but they make a huge difference in car prices.

Also, like you said, many customers would not buy a car that has been serviced only once in 4 years and had a tampered service book.

If someone has messed about with the service book once, what's stopping them doing it for every service?

So maybe the car was never serviced.

Regardless of this tampered book, you are entitled to a full refund because the car is not fit for purpose.

You bought a 4 year old car and now they want to give you a 4 year old car with a "fixed" engine.

Refuse the repair and get your money back.

If you've paid by card you can ask the bank for a section 75 refund or chargeback, accordingly to what type of card you used.

If the car is financed, the finance company owns the car, so I think it's their problem.

I'm not familiar with finance, so other more knowledgeable caggers will tell you how it works.

One piece of advice: Do not keep the car for whatever reason.

Stripping an engine, repair it and put it back together is a job that very few people can do and even main dealers struggle to get the engine run as intended after a strip down.

 

 

Thanks kings12345 for the advice. I paid by debit card so I believe chances are recovering from bank is less. They don't accept credit cards. Today cargiant recovery team picked the car. I'm waiting for their response. My intention is to return the car anyway. I also heard from friends, once the engine is stripped and repair done, this will impact the car's value.

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As you paid with a debit card, if they mess about with you, you could apply for a chargeback.

Plenty of information on cag and other websites.

It's not just a matter of value, a stripped engine will give you trouble in 99% of cases in my experience.

Engines are assembled in factories using industrial tools calibrated to almost perfection.

No mechanic could ever reproduce that finish.

I know a very good mechanic who regularly strips engines and repairs them and despite having an above average success rate, he always says that there's always a chance that the engine will give trouble.

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Thanks for the information. I kept saying to cargiant refund me the car price. But they say if it is only a major fault I have the option to request for a refund. otherwise they fix it and I have to accept it. Tomorrow they are going to tell me about the outcome of the repaire. I have no intention to accept it.

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http://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

 

Do your rejection by letter, you can hand the letter in.

 

Exactly.

You don't have to accept anything that was sold faulty.

Especially with a tampered service book.

They have no leg to stand on.

One thing I would say is to get proof of postage and email of your rejection.

Car giant may claim that you never rejected the car otherwise.

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  • 2 weeks later...

Thanks Kings12345 for your valuable advice on this matter. I did the rejection by email as per your advice. Today morning I called Cargiant for an update and an agent told me they have replaced the car with new parts but even after this knocking sound is still there. They had referred the car to SEAT to find the reason for engine knocking sound. Straightaway I said I want to speak to senior manager to get the refund but was not available.

 

 

Cargiant called me just before and agreed to do a full refund. I'm very pleased with this.

 

 

I thank kings12345 and conniff's for their valuable advice.

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So at last it looks like it's going how the law says it must, but don't cheer too loudly just yet, save that for when the money is in your hand.

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