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    • They are very nonsensical aren’t they? As far as I can tell they have no proof of ownership of debt whatsoever - it feels like they’re just hoping I cave in 🙈   I’ll get onto the CRA’s now - thank you 😊 
    • Thanks ...okay well as you are already aware you will get more sense out of your bin than talking to Arrow...so I would now escalate it by informing the Credit Reference agencies and submit a Notice of Correction ( each CRA has its own instruction's on how  to submit) and they will contact Arrow asking for details of the debt....if that fails you can contact the ICO (information Commissioner's Office) and raise a complaint re false data reporting.     See how you get on.
    • I have a sense that you haven't been reading around because if you had been you would have seen lots of draft particulars particulars of claim and lots of explanation about what is necessary. Are you familiar with all the arguments? Are you familiar with all the steps needed to take a small claim in the County Court? Maybe you should hold back for a day or two while you do some serious reading on this forum. We've got all the information here. We got the benefit of the experience of lots of people doing exactly what you are trying to do. If you stop for a moment and do the reading around you will feel very confident and empowered   I'm afraid this also confirms my view that you simply haven't done any reading at all of the sub- forum. This point comes up again and again with Hermes and there is a very simple answer to it which I have repeated in other people's threads so often that I don't think I'm going to go into it again here. Please spend the next day reading and you will soon find the answers to your questions. Once again, it will make you more confident and more empowered
    • Just to clarify, am I on solid ground stating the defendant lost the parcel, when parcel2go are the broker for myhermes and it's parcel2go who I'm challenging?   Thanks. 
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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.
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      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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Want to reject second hand car Trade Cars of Cleckheaton messing me about

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Sorry its long just want to include all the details.


On the 17th March I bought a 1.6 16v petrol Citroen Xsara Picasso 77k on clock from Trade Cars of Cleckheaton http://www.tradecarscleckheaton.co.uk/ for £1200 paying £700 cash and £500 on a debit card.



On viewing the car when I first started it the car gave off quite a bit of smoke for about the first 30 seconds which cleared, the garage staff said, "it will be just condensation as its been standing for while". I test drove it and it drove ok apart from a front anti-roll bar needing replacing which I agreed to do so I bought it for £90 off the price.


I didn't notice it giving smoke on first starting for first couple of days then when I did I monitored it for a few days and it was smoking quite heavily for about the first 30 seconds which then clears, and there was oil on the drive. I have monitored the oil level and it hasn't gone down. The oil leak was Power steering fluid coming from the steering rack.


From Googleing the symptoms of the smoking I diagnosed it to be the valve stem oil seals, which when I got round to taking it to my mates garage he agreed and confirmed, he estimated about £650 to do the oil seals on that engine model, we didn't even discuss the steering fluid leak. He suggested trying some Oil Leak Stop fluid stating "it tends to either work or it doesn't with no inbetween" the can said it can take 200 miles to have its full effect.


It was Thursday 30th March when I got round to contacting the garage after giving the fluid a chance (it didn't work). They insisted I contact Warranty wise and try and claim on the warranty, I told them they would not pay out but they still insisted so I submitted a repair request that was declined by Warranty Wise, the garage said they would now take it up with them and should get it through.


This toing and froing took until Monday 3rd April when Warranty Wise offered me a goodwill gesture of £150 as they say the repair is not covered on the warranty I have been given by Trade Cars. At this point I emailed Trade Cars last night at 10pm stating I want to return the car in the morning for a refund due to it being of unsatisfactory quality and quoted the Consumer Rights Act 2015. I received an almost instant reply at the top in block capitals it said WITHOUT PREDUDICE, then :

Dear Mr Leonard

Thank you for your email. I will forward this to our legal advisor who will be in contact with you shortly. In the mean time we can not accept the return of your vehicle and suggest you await this response first of all.


I telephoned them today asking when I can bring it back and the woman I have been speaking to said "we can't just take it back there's a process we have to go through our legal advisor should contact you shortly.


One thing I am a little concerned about now is that when buying the car I was signing all sorts of stuff and counting money with a woman when a man came in and gave her a sheet which she asked me to sign and gave me a copy which I did not paying it much attention at the time it was a pre-delivery inspection sheet. Now the sh**s hitting the proverbial fan I have looked at it and most of the car is marked x for unsatisfactory, so much so it wouldn't get far at all if these items all had problems.


I am beginning to get really annoyed about it and am thinking of taking it down there tomorrow and blocking the entrance to their lot with it until I get some satisfaction.


Any advice appreciated thanks

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Why don't you tell us the name of the garage? Or are you trying to protect them.


I think that you need to have a look at the list which you signed off and see if you can spot the power steering oil fault.


Come back here with your answer.

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On first line of my post!!! are you always so quick to jump down someone neck?


On the 17th March I bought a 1.6 16v petrol Citroen Xsara Picasso 77k on clock from Trade Cars of Cleckheaton for £1200 paying £700 cash and £500 on a debit card.


tried to upload a copy of the pre inspection sheet but it kept failing will try again later,

in the fluids section of it they have ticked the Power steering fluid as satisfactory, which it wasn't the level was low and its leaking.


As for the valve oil seals in the engine section they have ticked it satisfactory for fluid leaks but an x unsatisfactory for oil pressure and most other things

Edited by leonard.8
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So you did, I didn't notice.


As you now realise, it was a mistake to have signed a list full of defects without checking it. By signing the list, you essentially acknowledge the defects and that you are buying the car complete with those problems.


As a result of this, you lose your rights to complain about any of those listed problems.


Luckily for you, it seems that the problems which have materialised have not been indicated as such on the inspection list so on the basis of this, you are entitled to exercise your short-term right to reject under the Consumer Rights Act. This means that you must assert your rejection in writing and make it clear that this is what you are doing and the basis upon which you are doing it – and why you're doing it.


This is new legislation and so it's not entirely clear how complete the letter must be. If you feel that you've missed anything out in your written complaint to them, then send it again – in writing, by email and recorded post so that there is no argument about it.


Now you have to deal with the problem of an uncooperative dealer. You are entitled to reject the car immediately and have your money refunded within a reasonable time and I would say seven days is more than adequate.


An important thing is to get the car to the dealer so that you are shot of it and so that there is no question that you have continued to drive it and therefore negated your short-term right to reject.


I suggest that you take pictures of it, drive it to the dealer and leave it there taking pictures of it again on the forecourt. You can never be sure what damage might suddenly appear on the car and be attributed to you by an angry dealer! Best to protect yourself at every step of the way.


Take a friend with you to witness. Make sure that neither you nor the friend get involved in any arguments. Walk away and inform the DVLA immediately that the car no longer belongs to you. Do this in writing. Complete whatever forms are necessary.


This will mean that you are without a car and without your money – but I'm afraid that this will be absolutely necessary. The car is a liability and while you have it, you might end up with additional problems.


I would suggest that at the same time that you deliver the car, you deliver a letter before action telling them that if you do not have your money in full within 14 days that you will start a legal action against them to recover the money.


Tell them also that in view of the condition of the car you will be informing trading standards (make sure you do this) and also you believe that the car is unroadworthy (it sounds as if it is) and therefore by selling you the car they are committing an offence under the Road traffic act and you will be reporting this to trading standards and to the police as well.


In other words, make sure as many people know about them and ruffle as many feathers as possible to get your money back.


Only make the threat to start a County Court action if you intend to do so. If you have any doubts about it then don't make the threat.

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Here is a link to some bad reviews about Trade Cars in Cleckheaton https://www.carbuyingadvisor.co.uk/car-dealer-review/trade-cars-cleckheaton/DA984056-609C-4112-A616-C29090BC1DE3


There may well be other places where there are similar poor reviews.


A very similar story to your own one.


I think that it shows that it is always worth doing some initial research and also looking any documents before you sign them – especially with cheap cars.


But you know this now.

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Just got your email – it's okay. These situations are always difficult.


I was probably a bit quick off the mark as well :-)

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  • 1 year later...


Appreciate an old post but what happened with the vehicle.  Unfortunately having a problem with these guys having bought a vehicle from them.   Did you reject the vehicle or was it repaired?

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