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    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself released a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can see the finance company. Somebody else on this forum in the past 23 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure judgement against them. Then if there is any difficulty enforcing the judgement, one can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
    • launch a section 75 claim to advantage ASAP IMHO cut out the garage.   as usual advantage are utterly useless .....just like moneybarn         
    • Hi Bank Fodder,   With regard to court etc, no that wont be a problem, at the moment they are borrowing another car to get to and from work.   JJ
    • Ok thanks for the heads up should I send  them as well as confirming my adress  the template letter explaining the debt is statu barred Or something else maybe not recognising there company as I have no contract with them ! They are a third party interloper etc ! Many thanks !!
    • I'm terribly sorry but you haven't addressed the question that I put to you in my earlier post. It really would be helpful if you could do this.
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Hello, i suspect this is fairly straightforward but google is unhelpful

 

My daughter took a damaged Iphone 7 to the local repair shop that have done loads of good repairs for us and friends.

 

They've said they've been burgled and her phone amongst other is stolen, their initial response to her is to try and track it down online

 

I assume i right that they have to replace it with a like for like? If they are reluctant what is the best way to go? Legal or otherwise? I'd like to quote the relevant law or legal recourse to show them I mean business.

 

And how long is reasonable to wait for them to replace the phone? She genuinely does reply on it.

 

Thanks

Micky

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They should have insurance

You should receive like one or equivalent monetary value

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Put your claim in writing. Send it recorded delivery and make sure you keep a copy.

 

Described as far as possible the telephone and if you have receipts for it then enclose the receipts – not to prove that you purchased it but rather to prove the age of the phone.

 

Do bit of research and find out the cost of a replacement of the same age and condition and tell the shop in your letter that that's what you want.

 

I suggest that you give them five days if they don't reply after five days or if they don't respond correctly then I would suggest that you bring a legal action by sending them a 14 day letter before action.

 

Your chances of success are better than 95% and because they are a shop presumably they are not going anywhere, you will easily be able to enforce the judgement.

 

In your view what is the value of the phone?

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That's good advice, thank-you

 

Sorry about me, off work with a crocked knee and got a bit daytime tv la la

 

They're local so will help the daughter with the letter first thing and she can politely hand it to them tomorrow

 

Will update with progress

 

Micky

 

oh and it's an 18 month old iphone 6 in good order barring it wanting a £25 repair, the daughter will research it value tomorrow morning

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refurbished with the fault still there? Or as new?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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many small businesses of this type cant afford insurance so be prepared to negotiate a bit longer then 5 days but do make sure that they agree a cut off point for replacement and then accpet you have the right to compensation for the loss. calculating the loss will be trickier so the start point wil be the secondhand value of a working one less the agreed repair cost plus any additional costs for getting a new SIM etc

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