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    • I understand that you may have suffered an injury and that you have memory problems. Obviously is not a good situation. However, you have to engage with this thread closely if you want to make headway. It is difficult for us to take an interest and then find that there is no contact for two months and then we have to start again refreshing our memories and being enthusiastic about supporting you. If your lack of contact is because of a memory problem then I think that you probably should make a note on a Post-it or something and put it in a prominent place so that you can remember to get back to us. It is very important for you – because you can be certain that the one people won't forget are Vodafone and eventually their debt collectors who will start to put pressure on you and start to make your life very uncomfortable indeed. I see that back in January I advise you to send Vodafone an SAR. Have you done this? It is an essential step. Also, as a matter of interest are you still with Vodafone? I'm afraid Vodafone are a very troublesome company. They are very inefficient – the only thing they seem to be really good about is about debt collection. There are extremely poor at dealing with problems when things go wrong. The one company we haven't had any complaints about so far is GifFGaff and they offer month by month no contract Sim cards. In effect they sent Sim cards out like confetti and no contract is ever started until the Sim card is actually activated in a telephone. This means that there can be no mistake and no commitment until you have actually made the choice to open your phone, put the card in and then to switch on the service. Even then, you are only bound for a month and then another month and then another month and another month – but you choose. As I say, we've had no complaints here. Have you sent Vodafone the SAR?
    • Dear New Tenant   L C S !st Floor West Wing Town Center House The MerrionCentre Woodhouse Lane Leeds LS2 8LY   02/03/2021   Our Case Ref xxxx Re Our Client E.On   Outstanding balance: £37.xx   FINAL NOTICE   We have been instructed to act on behalf of the above named client to recover the sum of the outstanding of £37.xx for dual fuel consumed at X Whatever Road, Sometown , Anyplace. Despite our previous communications and offer of help we have not received payment or valid reason for non payment for the outstanding balance.   Until you have cleared the outstanding balance, your details may continue to be shared with a credit reference agency.  Other lenders may see information about the way you pay our client and the amount you owe them which could affect your ability to obtain future credit.   In order to prevent any further action and potential inconvenience, we would urge you to pay the full sum immediately or alternatively contact our office on 03445439130 quoting Ref xxxx to discuss your options. Alternatively please email us at [email protected] quoting your reference.   Yours sincerely   Rebecca Carter For and on behalf of LCS   I suspect this is the kind of letter they send when they know they are stuffed?    
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    • I’ve been getting debit collection letters from a number of diffrent companies but I don’t recognise any of them. So I signed up to one of the credit rating agencies to find out who I owed money to. But that didn’t help. It just lists the debit collection company and the amounts they say I owe them. The amounts are staggering. now I was caught out once before by a debit collection agency saying I owed money but not who to and I just paid it. It wasn’t till after this that I found out that some agencies just send letters demanding payment for a nonexistent debit. On my credit report it says I owe money to the debit collection agent but there are no records of any original debit. no unpaid loans or credit cards.  so what do I do? I had a serious brain injury so I have memory problems and some untreatable mental illness. Thanks for taking the time to read this.
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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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    • 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
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  • Recommended Topics

Brechin Car Company of Scotland car rejected, garage ignoring, using S75


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we bought a car just before xmas

within days it developed faults,

 

 

we exercised our right to reject in writing to the garage at beginning of year and you guessed it they are ignoring us.

 

 

we have gotten trading standards involved as they think there may be mis-represented laws they have broken such as saying it has warranty and it doesn;t and that there is service history which has never been received and failing to disclose where it came from when asked.

 

 

this will not get us our money back

so we are going down the route of S75 with credit card company

only 2000 was put on card and remainder paid in cash a total of 17500 in all.

 

 

What I wanted to know if anyone else has been successful in getting their money back through S75 and if so what happens to the car if we do prove successful and get our money back.

 

 

At the moment the big hunk of junk us blocking my driveway as we had to sorn it get tax back this is now in the second month and doing my head in.

 

 

any help. advice or experiences welcomed.

 

If the credit card company pay up then effectively the car is now theirs,

is that right, will they come and collect it.

 

thanks

tracey

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Which garage please?

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How did you pay the remainder of the £17500?

Cash???

Not that it matters, a s.75 should be applicable, but expect a big fight from cc company.

They'll be giving you £17500 when in fact they only lend you £2000, but those are the rules, so for once they'll lose.

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the company is brechin car company in scotland and remainder was paid in cash and yes I expect a fight

 

 

but I have loads of evidence of the fault before the garage even took possession of the car and sold it on as well as misrepresentation on their behalf.

 

what I wanted to know was how successful other people were and what happens to the car if money is paid out by cc company

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Thread title amended to include the name of the Garage.

 

Andy

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This must be a relatively new start in Brechin as the traditional car dealers there were decent kind of lads. Can you tell me the owners name please?

A £17500 car and no warranty????

If dealer ignoring you why not try and dump car on their premises & put keys through the letter box or hand to the office?

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Is the Brechin Car Company Address by any chance: Montrose Road, Brechin, Angus? (just need to be sure)

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Yes that the address and it is relatively new although they have traded in lochee dundee under a different name.

 

 

Can;t take car back would mean driving it and it is unfit to drive because of gearbox issues and engine issues

not about to drive it and get stuck halfway there.

 

 

besides it is their faulty vehicle as we have rejected it so it is up to them to come and collect

 

 

there is no insurance on it anymore and we have sorn it to get our tax back

so once again not driving it and risking getting fined and points on licence.

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you had better take it back and leave it on their forecourt.

 

Cost you about £90 for a tow truck but you claim that cost back as well.

 

If you dont there is the argument that you havent actually rejected it and could well be using it.

 

Even if you paid £1 on the card and the item is between £100-£30000 you are covered.

 

The card issuer will want to get this sorted or they lose a fortune

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the v5 is in my husbands name

there is no insurance or tax on the vehicle and

I wouldnt put it past the garage to leave sitting on the road where my husband is liable for all tickets etc that are issued so that not gonna happen.

 

 

a section 75 has been started

 

 

what i wanted to know s what will happen to the car after ths is resolved

 

 

will the credit card company come and collect it etc

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If you contact DVLA & send V5 back to them stating you are no longer the owner,

the garage can leave it on the road without any comeback on you.

 

What make & mileage of car?

What are the faults.

 

Have just looked at their website and it appears they specialise in Executive cars.

 

 

At a guess, and looking at the fairly high mileages,

I reckon many of these vehicles are ex company or ex lease cars.

 

They certainly know how to charge.

 

As previously advised, take car back to garage on trailer or recovery truck.

 

Write a review on this outfit on the web to warn other punters.

Edited by scaniaman
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Hi madasamuppet

 

Ok I asked those details for a reason and you mention Lochee in Dundee so here we go

 

First look at there website (Brechin Car Company) again and go to the bottom of the website where you will find and FCA number 718699.

 

When you check there FCA Ref Number: 718699 on the FCA Register:

https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000001SHGOfAAP

(In the above click on Trading/brand names and have a look and check the other details)

 

An Endole check of Lochee Cars Limited: https://www.endole.co.uk/company/SC497335/lochee-cars-limited

 

On further checks of Lochee Cars Limited need to add this as it may be of concern as they have had there First Gazette notice 10th Jan 2017.

 

https://www.thegazette.co.uk/company/SC497335

 

https://www.thegazette.co.uk/company/SC497335/filing-history/MzE2NTc4NDE3OWFkaXF6a2N4

 

Now what you may need to do is write and object to them being struck off due to you ongoing dispute from your recent purchase: https://www.gov.uk/object-to-a-limited-company-being-struck-off

 

I am sure others will be along to advise

Edited by stu007

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Update - my credit card company came back and said that they weren;t liable as the name on my credit card is different to the name of the garage, But after alot of searching on the internet and the info obtained here I provided them with evidence of a direct link between the companies and they are now saying I may have a claim under section 75. What they are asking for is an independent report from a garage detailing the faults and the cost of repair. Even after I have sent them evidence from the company who put it to auction that the car had faults. What I want to know is whether this is normal practice and can I claim the cost of this back from the bank as well. we are already out a lot of money why should be further out of pocket with no gaurantee of seeing any of our money back. thanks in advance for help

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If the claim's approved, you should be reimbursed for the cost of the report also.

 

Andy

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The car has been sorn so would need to get tow to garage and back which costs money the report costs money no guarantee will get back and if we had dumped car at the garage we had bought it from we would have no way of getting a report done surely if they want one it's up to them to arrange

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No its for you to arrange.....that is the process...if you want your money back then thats whats required.

We could do with some help from you.

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If there is a Mobile Mechanic in your area, he / she may be able to examine the car at your home to save on trailering it to a garage.

I would re emphasise the evidence from the person who put car to auction if the faults are detailed.

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Once plonked on their forecourt they will be committing an offence by moving it on to the public highway.

 

 

A phone photo of it on their property will stop them from even thinking about that.

 

 

Glad card co moving but they are placing the onus on you to do things that wouldnt need to be done if you had just returned the car.

 

 

Are the card co going to reimburse this or will you still have to sue garage for the extra expense (probably) nayway, it is a small amount compared to the whole.

 

the v5 is in my husbands name

there is no insurance or tax on the vehicle and

I wouldnt put it past the garage to leave sitting on the road where my husband is liable for all tickets etc that are issued so that not gonna happen.

 

a section 75 has been started

 

what i wanted to know s what will happen to the car after ths is resolved

 

will the credit card company come and collect it etc

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got a report done and bank are going to foot the bill up to £100 well that the cost in total.

 

 

Have sent them the report which points out even more faults with the car including the brakes

so wait to hear back.

 

 

just have to wait and see what they come back with after all the stuff I have sent them can't see how they can come back and not give us our money back/ will keep posted.

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still not sorted out but had an interesting conversation with bank who wanted us to email garage and tell them car is still available to collect, they asked us to confirm where we got the cash to pay the balance of the car. they said its still not sorted out they will try to get a chargeback for the amount paid on the card but said this does not affect any decision made concerning us but the wifey I spoke to mentioned something about us maybe selling the car via webuyanycar or similar and them paying the difference. surely we shouldn't have to do this and if this is the decision they come to do we have to accept these terms

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still not sorted out but had an interesting conversation with bank who wanted us to email garage and tell them car is still available to collect, they asked us to confirm where we got the cash to pay the balance of the car. they said its still not sorted out they will try to get a chargeback for the amount paid on the card but said this does not affect any decision made concerning us but the wifey I spoke to mentioned something about us maybe selling the car via webuyanycar or similar and them paying the difference. surely we shouldn't have to do this and if this is the decision they come to do we have to accept these terms

 

Surely a chargeback for the amount paid on the card is different to a S75 claim?.

 

If the CC company are liable under s75, they are liable (equally with the garage, on a joint / several basis) for the whole sum, within the limits of s75, not just for the portion paid on the credit card.

 

You only want a chargeback (which gets you the sum you paid on the card but no more) if the CC company aren't liable under S75, or the whole sum was paid on CCard!, otherwise you are letting the CC company off the hook (and they may turn out to be a better target for a claim than the garage, if that company may be being dissolved........)

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  • 3 weeks later...

Just and update SUCCESS we have received a letter from bank saying they will pay the cash amount in full and final payment along with towing and garage report fees. they have removed the £2000 from my credit card statement and are requesting a chargeback from mastercard. they have said that we need to keep a hold of the car for 45 days and if mastercard do not come and collect then we can do with it what we want. Has anyone else experienced this and which part of the law states this, is it 45 days from when and will they notify us when the timescale is up. Well chuffed we are getting our money back and so glad that in the end I persevered and paid the initial amount on my card. thank you to everyone who helped and offered advice.

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Well done...almost resolved ...I will not amend your thread title until you advise all sorted.

 

Regards

 

Andy

We could do with some help from you.

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