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    • Hello, on 9th of July 2018 I was issued a CCJ for 326£ for a non payment into my Natwest account - 6 month earlier I moved abroad and despite my better knowledge my direct debit with the phone company wasn't properly closed and the Natwest account went into arrears for that amount. As soon as I found out of that matter on 20th October 2018 I settled the amount in full with Moorcroft (the debt recovery agency instructed by Natwest to recover the amount).   When I returned to the UK I was shocked that my credit score was completely depleted - despited an otherwise good record - and that for the following 5 years I won't pretty much be able to access credit and other common financial products regardless of the fact the debt has been paid in full (and despite a stable high salary etc.).   When I contacted Moorcroft in January this year they said they can't do anything about it and the record will stay as is. They said the best they could do was to send me a letter (attached) that I can use as a confirmation that the CCJ was now settled. I was pretty sad and frustrated and shocked that a 300£ debt could put me into such distress (I literally cannot even get a monthly mobile phone plan) and despite having settled it I would carry such consequences for the next 5 years... so I archived the letter and tried to forget about it.   I recently checked my credit report and it states that the CCJ status is still active.   I would like to ask:  - is it really not possible to adjust the CCJ status ?  - are there any actions I can take to mitigate my situation ? - shouldn't at least Moorcroft have sent a more comprehensive letter stating that the CCJ was settled (instead of a generic 'payment received' with no indication of what and why) ?     Note: when I tried to contact Natwest in October 2018 they bounced mee across several departments but ultimately no-one could/would want to help as the account was permanently closed and passed onto debt recovery and they couldn't find much information about my records (apart from saying it's closed and Im no longer a customer of the bank and won't ever be able to be one again).   Thanks, V
    • I hope we can keep this thread for a discussion of SDs. If it descends into a slanging match then there probably isn't much point in having it.   HB
    • phew, just got an email from scmreferrals@justice.gov.uk.    I was worried that because the N180 was 5 days late, they would reject it.    There is still an new default on my credit file for the original amount + court costs. Surely Lowell shouldn't have submitted this yet?  
    • The solicitors have acknowledged my CPR request but have yet to provide anything, no response to my CCA request yet.   I would like to get a defence in before the end of this week, can anyone help me put together a defence?   Thanks
    • There were express terms of repayment of the capital plus interest over 60 monthly instalments.  However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?   P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them  to ‘call in’ the entire amount of interest on the 5 year loan?  Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.   If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf
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Nheagle12

Engine failed 22k, Vauxhaul wont cover under 3yrs warranty- lost invoice

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I bought a car from stoneacre in 2014,

i have 3 year warranty with vauxhall until september this year.

 

 

My engine has failed on the motorway with no warning at all.

We have had the car serviced and the book is stamped.

 

 

However we lost our invoice,

the garage cannot provide an invoice due to not having it on their computer system.

 

 

genuine parts and oil was used.

 

 

Now vauxhall are telling me that the engine wont be repaired under warranty due to not having an invoice

 

 

however the book is stamped.

can anybody advise me on what to do?

thanks!!

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Regardless of the book being stamped, you would need to prove to Vauxhall that the car was serviced using genuine parts.

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I think your best move is to contact the service garage and to ask them to put together a detailed account of the work that was done in the parts that were used.

 

If they object to this at all then I think that you have to say to them that they might find themselves being involved in the issue on the basis that they haven't kept the proper paperwork.

 

What is the value of the repair? Also, does the breakdown in any way have anything to do with the work which is carried out? If the work which was carried out has seen no relation at all to whatever it was that failed in the engine then I don't see that the invoice is at all relevant.


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can you not prove place/time of purchase by the bank? statement of how you paid for it?


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Place or time for what?

Its not about when the service was done, or how much it cost, it's about the parts used.

If the op cannot prove genuine parts were used, the warranty fails.

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Frankly I'm not to sure that the warranty has got much to do with it. This is another case of a warranty being used to distract a customer's attention from his statutory rights.

 

This matter is probably adequately covered by the sale of goods act.

 

Of course, if the OP would come back to the thread and tell us more and engage with us then we might be able to get somewhere.


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The invoice would not prove that genuine parts were used. It is just an excuse to weedle out of paying for the warranty repair.

 

The ONLY way to prove genuine parts were used is to have Vauxhall check the parts as they are removed from the engine whilst performing the warranty repair.

If genuine parts are found, the warranty is intact.

If non-genuine parts are found, you have a claim against the servicing garage.

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You don't have to prove that manufacturers parts were used at all just that they were of equivalent standard. Provided the car was serviced on time then Vauxhaul should not be able to get out of this.

 

 

There is a proviso however and this is that manufacturers generally warrant the car for 1 year but the following two years is an insurance policy in that the car has to be serviced at a dealer and if this is not the case then they are within their rights to reject the claim. It's an often overlooked issue in the warranty when buying a car.

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As you can't find the invoice, play their game.

Get a mechanical report where they will need to confirm that original parts were used.

It might cost around £100 to test the oil, but the other service parts are easily accessible and can be seen and photographed.

Warranty or not, a car is expected to last longer than 22k, so you are within your rights to get it repaired.

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Frankly I'm not to sure that the warranty has got much to do with it. This is another case of a warranty being used to distract a customer's attention from his statutory rights.

 

This matter is probably adequately covered by the sale of goods act.

 

Of course, if the OP would come back to the thread and tell us more and engage with us then we might be able to get somewhere.

 

Actually Bankfodder it's not.

 

 

The warranty applied to new cars and nearly used cars is crystal clear.

 

 

The manufacturer warrants the car for one year as they are obliged to do so

however any extension to this warranty is usually supported by an insurance policy not too disimilar to a used car policy sold by aftermarket dealers.

it's a very grey area as to what is a genuine manufacturer warranty and what is not.

 

As I understand it and from what I understand the legal perspective is

that for the first year provided the parts are used are compliant or equivalent to oe parts

then the manufacturer has to cover any issue.

 

 

However, year two and three

the manufacturer can dictate that only oe parts parts be fitted in order to comply with the terms of the insurance policy covering the car for failure.

 

I could write pages and pages about this and in fact I think I ought to as it would clear up quite a few misnomers about car dealers be them new or used and the legal requirements as regards the dealer and consumer.

 

WHat is for certain even with the new consumer regs it doesn't always apply with car sales!

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you do not need to use genuine vauxhall parts this is even stated on their website

 

and if the car was bought new or used in 2014

- used as in you bought it when it was under 1 year old

it has a 3 year vaux warranty as standard or 60000miles what ever comes first

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