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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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Stockport Truck Centre - work done without permission & excessive charges


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As soon as you leave the meeting, you should write up notes of the conversation.

 

It would be best if she wrote her version – and you wrote your version independently and then you compare the two which will allow you to remind each other of what each of you might have missed or have forgotten.

 

You should at the very least have been able to inspect the vehicle – if you're lucky, you will be able to agree a price and to drive it away. The price might not be the best one that you could hope for, but it might be a lot better than having to get into litigation because if that is the way it goes, it will be quite a few weeks and even months before you see the vehicle again

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By the way, when she contacts him to arrange the appointment, she should tell him that she will be bringing you along. Don't let it be a surprise. Frankly it's a shame that they can't be some other person to come along and support who is familiar with the situation and who might even be able to drive the vehicle away.

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Brilliant. I'll do just that. Your support is I hate confrontations anyway and always choose the non-aggressive way. I will report back as soon as possible. Your support is invaluable and I'd be totally lost without it.

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Quick question please, the meeting is set for tomorrow between 9.30-11am. My ex would like to know if as the owner of the truck she has any rights over the holding of it? If the garage can still hold it even though she owns it and was not involved in the original dispute. If she has a right to repossess the vehicle then that could force the garage to negotiate a settlement. If the garage cannot forcefully hold the vehicle, is there any law she can quote so to speak?

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She is protected by the torts interference with good act and she would have to bring an action for conversion.

 

however,if she has to start talking about legal rights then the negotiation has failed. I would not start mentioning anything about legal rights . the best thing she can do if the negotiation fails is simply to walk out politely saying that she will be obliged to take action to recover her vehicle.

trying to avoid talking about anything legal because it simply mean that the negotiation has failed.

 

She doesn't understand enough about the subject to start talking about legal rights in a threatening way

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My father had a saying - "Icily polite". Thats the way to play it.

Warmly polite will produce better results.

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Warmly polite will produce better results.

 

Always polite which has caused many to take advantage and be dismissive to me but let's hope for the best.

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We came back from the meeting and have been told to wait for Ian to discuss with Gareth and get back to me.

In the meeting, I introduced my ex as the owner of the truck with the documents (Logbook & loan agreement secured on the truck signed when I borrowed the money from her to buy the truck) present. Ian dismissed that completely and said that that does not have an impact at all on the matter and is irrelevant.

He would talk to me as the "contract" is with me. They then went on to say I absolutely and clearly gave them the go ahead to find, fix and repair any and all problems and that I will be paying the bill whatever it was at the end. I politely confirmed that that was untrue and I was not there to argue rather to negotiate a fair settlement. Ian said the bill cannot be reduced because of their position that I gave them the go ahead but he is willing to offer me a reduction to end the matter. He said if I paid 2000 then that will be the end of the matter. I insisted I never gave the go ahead and pointed out that I had noticed on the MOT that the load sensing valve (LSV) had been written down as seized and as this is what controls the amount of pressure going to the rear brakes, it would have been simple to repair that first before trying anything else. It would have equated to 165 for the part including an hours labour to fit it. He said they have to look elsewhere first as is their practice to determine if anything else might be faulty. This led to the many many hours of investigative work hence the very high labour costs. I also explained the cost of the parts used where excessive even if I was to buy them directly from suppliers without a trade discount. He explained they use their own suppliers to guarantee quality. This is ridiculous as a couple of those parts are coming from Iveco themselves.

 

I insisted I wasn't trying to remove the vehicle without paying nor was I there to have an argument or a full discussion of how things work as we are all mechanics and should be familiar already. I increased my offer to 1200 including VAT and let him know that was my absolute final offer. He (Ian) said he cannot see that offer as being acceptable to his company but he will discuss it anyway and let me know. We agreed and left.

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Hi BankFodder, I recieved the email from Ian this morning and it reads:

 

Good morning,

 

I have spoken to my MD yesterday and we both agree that we have done everything correctly and carried out the repairs in good faith. We cannot give a reduction on the invoice and would like the matter resolved by the end of this week.

 

If payment isn’t made by the end of this week then we will have to start charging storage of £25.00 per day.

 

What would be the next step in terms of a reply I could send to them?

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After speaking with my ex, she was willing to loan me £500 to help remove the truck and then I could pay her back after I go to court. I spoke to a friend of mine who was also prepared to loan me £1300 by calling in with his credit card. I would pay the rest. I emailed Ian and told him I would the £2395.05 under protest and explained that my friend will call up and pay with his card and once payment is received to let me know so I can come and pay the balance and collect the truck.

 

He replied saying he would not be taking payment over the phone and my friend would need to to come in and pay in person. Trust issues. The problem is my friend is currently in Belgium working away so I'm stuck. This got me thinking and made me feel angry because even though he is trying to fleece me by going ahead and doing work not agreed to I have been making offers and trying to negotiate to release the truck. Not only did they do that, they did unnecessary work and then charged a ridiculous amount for it. After all that, I manage to secure payment to release the truck and he refuses even that just to make life difficult and in an attempt to increase the payment by charging £25 a day storage. I've decided enough is enough. I won't let him bully me and hold me to ransom. This is bad practice and blatant robbery masquerading as a professional outfit. I'm going to inform him I am cancelling all previous offers. I should not have to pay for their errors. I will then compile a letter of intent asking for the truck to be put back to how it was and returned to me.

I'll then issue small claims proceedings to recover the truck.

 

I could do with some pointers on writing the letter of intent. How long to wait etc. BankFodder are you still there, some advice on how to proceed with be invaluable right now so I get it right.

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I have now spoken to a solicitor (a good one recommended by a colleague) who after reviewing the case confirms what I've been saying all along that we did not have an agreement. For even a verbal agreement to be relied upon, it needs to be complete and meet certain criteria. He will handle my case should I instruct him to do so. I've got a reference number from CAB who will refer my case to the Trading Standards should I wish to report them. I've written my letter explaining the situation which has been sent today to STC and detailing my request. If they refuse my request which by their track record is inevitable, then hopefully things will start moving much more structured to bring their vile injustice and bad practice to an end. I will then go full steam ahead and firstly report them to Trading Standards before continuing down the road to justice. I'm now more determined than ever to not let them bully me into paying when the fault was theirs.

 

Companies should really cut out this bad practice of carrying out work when not instructed to do so then charging what they want causing misery to honest and hard working motorists who feel pressurized to pay and then have their vehicles held to ransom.

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