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    • I do feel now that I would like to comment on some points raised on some of the posts on this feed:   Although I found the appearance and comments from Zac to be rather strange, I have not left a scathing review; I was merely seeking some advice as I have never been in this situation before and did not know what to do.   The information I have provided is factual, transparent, and comprehensive. The pdf I posted of full correspondence, screenshots with text on (and to clarify direct quotations from the video walk round), and photographs of the bonnet show this.   The emails and comments posted by the dealer do not constitute the full facts of the situation as he stated, and it makes me feel sick that I have repeatedly been called a bully and a blackmailer (via correspondence and forum comments) throughout this. Additionally, the 4th email posted by the dealer which he named as the response to the email above it was not the response I received to it.   I have made it clear from the start that I wish to keep the car and only wanted it in the condition as advertised. Upon receipt of my first email concerning my complaint (not the best email, I know), it was very clear that the dealer wanted the car back. His response to this was a WhatsApp message which ended in “To be frank I don’t want to sell some one a car that insults and then blackmails me”. This was also the only option provided which would not cost me considerable time or expense. Although it would still have left me without a car (and having to resume my search), as my old Golf was due to be collected by a private buyer. Also, this was the only option offered without sarcastic and/or patronising comments attached. This is of course only my personal opinion and I am aware that I may not be fully objective on this point, but I felt bullied into doing what the dealer wanted.   Whilst I understand my initial email was quite conflict orientated, and that I have not dealt with this situation well, I don’t believe it excuses the responses I received. I am at a loss to see how this is above and beyond in terms of customer service.   As the dealer pointed out, I did state that the car was in fantastic condition for its year (the interior is fantastic for the year), apart from the bonnet of course. The car has most likely done predominately motorway miles which would account for the bonnet. There are minor issues which also don’t match up with the video walk round. Namely, a tiny dent in the rear wheel arch, which is barely even noticeable, several paint chips around one of the doors, the odd stone chip elsewhere, the alloy wheels are in good condition, but not absolutely pristine as most were described as (I had assumed maybe these has been reconditioned), the rear loading strip is heavily marked all the way across, but the paintwork not affected. However, all of these I feel are minor in a 10 year old car. Upon reflection ‘great’ may have been a better representation than ‘fantastic' on my comment.   During my initial phone complaint, I was told that I was the first customer to complain in over 50 cars (can’t recall the exact number but remember it being in the 50’s) to which I said that I felt bad about, later it was 300…   I never asked for £150. As mentioned before, I accepted this offer over the phone after the dealer had told me that I would not be able to get a stone chip repair company to rectify, as “there are hundreds,” and that it would need respraying. He told me that it would cost him £150 (did not mention plus V.A.T) and that it might cost me £200 here.   I was confused by the pricing structure mentioned (from the chap he has previously told me he has used for his body work repairs for years) as this appeared to be an invoice, which I assumed was for another car’s repairs. The total cost was over £1,000. It stated £180 for a bonnet repair and paint (vandal damage, small repair or paint correction) and on the second page V.A.T was added. If this is correct this would surely equate to a total cost of £216 for the bonnet, but of course I could be wrong. Not inclusive of the cost of collecting and delivering the car back to me, as I have been informed that this should not be of inconvenience or cost to me.   I asked for a larger contribution as initially I was led to believe it would cost me £50 and a little inconvenience. Only after I stated the specific consumer rights (which I had Googled over the weekend) and sent the dealer photos of the bonnet did he offer me a further £112.50 for this. In hindsight I could have specified a figure, and that I still did not expect the blended wings to be paid for. Before this, the dealer stated that he did not wish to negotiate any further and to take the car back to him to paint or they will refund and collect. Upon seeking more specific advice on Monday I was informed of my full rights in this circumstance.   It is certainly not a case of changing my mind because I wanted a brand new bonnet etc. and I disagree that the dealer kept his "kool" and replied respectfully throughout, as I do not consider sarcastic and derogatory comments throughout as respectful.   The warranty is a 6 month bronze package from Warranty Wise in this case, which I believe is the only option for a car over 100,000 miles.   I’m unsure as to the significance of the dealer counting 14 stone chips, but maybe this was on one of the photos close to the edge of the bonnet. I have not zoomed in, merely taken a photos of different areas of the bonnet. You can gauge the size on the photos which are closer to the front headlight area. Also, again this issue is not about the size of the stone chips, which do vary in size throughout, it is about the sheer amount across the bonnet not being as described. I did state that these were difficult to see in sunlight or at a distance. However, upon reflection I should have stated more clearly i.e. direct sunshine. I believe 2 or 3 were pointed out on the front edge of the bonnet in the video walk round. In which the dealer stated "Body work is absolutely stunning for the year, with only very minor age related marks, which we’ll point out as we walk round… Bonnet; no scratches, no dents, no damage. If we look closely, we might find the odd little stone chip here and there that have been touched in, little one there, very difficult to see. Little one there, look. So, it's got the odd little stone chip on the front of the bonnet edge, apart from that it's very very clean."   There are not over 30 emails about this, there are 12 and 11 WhatsApp messages (inclusive of the 2 photos of the body shop invoice).   From what I understand about mediation, its purpose is to negotiate to resolve an issue as timely and smoothly as possible. The last emails from the dealer stated that they had no choice but to take legal advice and pass all their correspondence to Lawgistics. With a formal retraction of all previous offers except returning the car to them for a refund, which would be my responsibility. This also informed me of the AA ADR. Followed by one stating “My apologies I forgot to include the phone number for the legal team… Bonnie is the team leader should you wish to escalate to the highest level. Please note that on taking further advice we are under no obligation to offer a refund for the vehicle.”   The dealer also stated “our car” at the end of one of his posts which is odd. It is legally my car which was purchased online in good faith.   Bankfodder’s recent comment concerning the AA does indicate he is saying the AA does not know what they are talking about.   Lastly, I am also unsure as to why anyone would want to deliberately add stone chips to their newly purchased car, or indeed how. Is this even possible?
    • As far as I can see I could just have scanned in a QR code of an unused or unreported test and declared it negative.  It is a venue asking for this and it's utterly pointless.  They'd be much better asking everyone to bring an LFT with them and randomly picking 10% out on entry to test in front of a witness
    • Each test has a unique QR code?   The UK is a joke at the moment.  People fighting over petrol at garages, because of supply issues affecting some garages.    Will we see people fighting again in Supermarkets over the last pack of toilet rolls ?   Government are blaming the media for reporting the problems .            
    • Thank you Bankfodder, your knowledge and advice are very valuable.   I have taken the car to a few independent body shops in my area who are all of the same opinion, although I told them what was stated by the dealer, they have not seen the video walk round. So, if necessary, an independent to assess both the car bonnet and the advertisement is very helpful piece of advice. As I stated to the dealer, I was happy to continue to search for a cheaper price. I have since found a couple of body shops who will do the works at a slightly cheaper price.   I have only received advice concerning my Consumer Rights on this, which I sought after correspondence with the dealer. I was informed that this falls under “Public statements such as those in advertising or on labelling, made by the trader, the producer or their representative about the vehicle, must be accurate.” Additionally, that irrespective of initially accepting £150 and rejecting a refund, the remedies must not be of inconvenience to me and must constitute full cost of rectifying the issue. However, I was not aware of how a Court would assess the issue or indeed the rewards process. This has helped me gain a greater perspective from an objective viewpoint.   I have never wanted anything but the car in the condition as described, if I could get the bonnet resprayed leaving it in the condition as advertised I would do so. I have also been told that a colour match can not be guaranteed and advised to blend into the wings. This is a further cost I was not aware of, and do not expect the dealer to pay for this as I thought that only fair. As it turned out my contribution would amount to over £180, when I was led to believe I was going to be contributing £50. I do of course have the option of getting the bonnet sprayed with no blending into the wings, but don’t want this to be glaringly obvious, so currently unsure.   I’m sure many would have just sent the car back. However, on this occasion I had a specific model I was searching for due to reading up on MK6 Golfs (VW Golf 1.4TSI Match) within a certain budget. I was seeking a minimum of two owners (ideally one), full service history, great condition for year and a dealer with great Google reviews. This one was the closest to me I had found, and the video walk round sold it to me straight away. I thought I was just lucky or it was meant to be considering it had been on the market since June.   I have now also arranged to have the car to be checked over next week for peace of mind upon your advice.   Update: I called the AA mediation team first thing Friday morning to accept the extra contribution of £112.50 from the dealer, should this still be on the table. I decided that the time spent and the stress this was causing was too much. I have not heard anything back yet but will keep you posted.
    • @BankFodder do I send this letter to the data protection team or do I copy every person in it like last time?
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Lowells backdoor CCJ on old CAT debt ***Claim Dismissed***


andy210000
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Has the claimant served you further particulars as ordered by the 3rd Nov ?

 

 

Andy

We could do with some help from you.

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Then you have to comply to the order and submit a further particularised defence.......it would be helpful if you uploaded all the relevant documents pre mediation then we can see the history of the debt/claim and also what the claimant has disclosed by way of this order along with their new particulars of claim.

 

Read the following link and copy and paste the Q,s and your responses back here along with the initial defence you submitted and the claimants revised particulars post order.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Andy

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Both (Court and claimants solicitor) as per your court directions....and yes you must sign it otherwise its invalid.

We could do with some help from you.

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  • dx100uk changed the title to Lowell Claimform - Shop Direct debt

what happened I can see you are back online today?

 

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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Hi Dx100uk,

 

Sorry i should have updated this. 

 

I actually attended court hearing with their solictor. 

 

The judge ruled in my favour and it was thrown out. they were unable to provide the details of the debt and the judge basically said if you are unable to provide this to myself then how can you expect to pay for it.

 

Case closed :)

 

 

 

 

 

 

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Better late than never :biggrin:

 

Topic title updated.

 

Andy

We could do with some help from you.

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  • Andyorch changed the title to Lowells backdoor CCJ on old CAT debt ***Claim Dismissed***
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