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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
    • The boundary wiill not be the yellow line.  Dx  
    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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integrated dishwasher several repairs now dead -2 Year Warranty? **WON MANU REPLACED IT**


Chipper64
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We are currently having problems with an integrated dishwasher.

 

Since buying it in Mar 2016, there have been several faults when it needed an Engineer to make the repairs with new parts.

The current issue means yet another repair will be needed taking the total to 5 repairs in just over 18 months.

 

I feel we've got a 'dud' unit and the manufacturer are trying to get it to limp over the March warranty expiry date.

 

Ideally like to have it replaced since i have lost confidence in this machine and it's ability to be useful much after the warranty expires.

What are my rights in terms of requesting a full replacement?

Thanks for any help/info.

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you are entitled to a replacement or refund.

 

As they have had several attempts at repairs and this hasnt worked out you can use the Cosumer Rights Act and say the item isnt fit for purpose or of satisfactory quality. It should last for 5 years.

 

The warranty has nothing to do with your statutory rights so dont be led down that path by the retailer, they are liable.

 

If you want your money back they are allowed to deduct a sum for the enjoyment you had had BUT as you have had 4 previous breakdowns this deduction shouldnt be anywhere near what you would expect for 18 months use followed by a catastrophic event.

 

I would have thought that at most a 20% deduction.

 

Now, your problem will be getting the retailer to understand that you have these rights.

 

Some will be oblivious and others just wont give a damn.

If you need a replacement then a massive discount off a new one will be something they can understand.

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Your automatic rights under the Consumer Rights Act expired after six months of buying the appliance. Now you have to rely on your ordinary rights. I quite agree with you that if there have been five faults in less than two years then it certainly seems as if there is something unusually wrong with this machine.

 

You can either assert your rights under the warranty – or assert your rights against the seller of the appliance under the Consumer Rights Act which basically says that you are entitled to enjoy an appliance of satisfactory quality for a reasonable period of time. It certainly seems to me that you have not had a satisfactory experience during the time that you have had it.

 

You can either sue for damages – basically meaning and other repair or you could say to a court that your experience has been so dismal that it has had the effect of terminating the contract and you now want to have a refund.

 

It may well be that you will be awarded damages to take into account the use that you have had from the machine. I think you would have to itemise the faults that you have had, the inconvenience to which you have been put, and the amount of time that the dishwasher has been unusable. In addition to that, I think it would be reasonable to include the number of times that you have had to make special arrangements to be in in order to receive a repairer et cetera.

 

Whether you want to sue the manufacturer or the supplier is a matter for you. What does the manufacturers warranty say? I think that if you were to serve the manufacturer notice that you are now calling in the warranty and that you want a replacement machine then the March 2018 deadline would cease to apply because the manufacturer would have a duty to take notice of the problem now.

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where did you buy it?

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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So the machine could be years old and 2nd hand.

Whilst you may have some angle to get some money back it would not be expected to last for 5 years as suggested as you bought it wth knowledge of it and also it depends how much you paid.

If you paid 50quid for a 2nd hand dishwasher then id say you've had your moneys worth.

If you spent £500 quid in currys for a new one then you would expect it to last around 5 years. That's called reasonable expectations.

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so who did these repairs, an eng after you contact the manu?

ideally your claim is against who sold it to you

but if the manu has been sending repair men FOC then I'm not sure if you can use CRA against them?

dx

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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Guys,

 

Thanks for your help and advice on this.

 

For a nice change, the manufacturers have agreed to play ball and to swap the machine for a new one.

 

The only cost to us is going to be the fitting and removal costs.

Thanks

 

Chipper64

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hey that's a great result

who was the manu?

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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Share on other sites

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