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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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VW supply non matching part , refused return


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My son has a Mk 4 VW R32 ,( Fast Golf ) and as well as being a long term project in keeping it standard and in tip top condition ,it is also a money pit , but he loves the car .

His latest project came about because of a leak from the sun roof ,.

The leak caused staining and other damage to the head lining ,so having replaced seals to the sunroof , using the cars VIN number he ordered a new headlining , which was special order from the factory

 

The replacement head lining material is not a match to the rest of the interior trim ,” A” posts “B” posts and sunroof inner panel etc ,

 

VWs answer is that there may have been a specification change to the head lining , and could not guarantee that if he ordered the rest of the interior trim it would match the finish of the headlining .

 

Here is the crunch ,due special order ,

VW will not accept return ,

even though there is a mismatch with existing interior trim .

 

There was NO indication on the official VW parts list the dealer used to order the headlining to indicate that there was a change in specification or material type ,so at present my son has shelled almost £400 for a useless part .

 

Not fit for purpose ? or any other reason we can persuade VW to accept return.

 

It is a awkward situation as my son has ( up to now ) a good relationship with the dealership , having bought many parts to keep his pride and joy looking its best .

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If it was custom made then yes

But I feel by using the word special order

I think they might be trying to kid you that cra does not apply

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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It seems to me that if there is a change of specification then it is implicit that the new specification will relate not only to the headlining but all the interior trim which would normally match if the vehicle had been new.

 

On this basis I think you have two possible arguments for saying that the supplied headlining is "defective/not fit/not matching description".

 

Firstly firstly is the fact that the VIN number relates to a particular specification and if the specification has changed away from the original then the part they have supplied does not match the description – the description being inherent in the original specification for the VIN number.

 

The second position is that there is an implied term that if the specification of the headlining is changed then so also has the specification of the associated matching parts – because otherwise who on earth would want to buy mismatched interior trim.

 

Clearly if the specification for the headlining has changed then there is not much your son can do about it. That will be the only part which is available to him. This means that he will have at least two compromise by agreeing to buy the remaining interior trim to match the headlining. If they can't supply matching headlining then I think that they are in breach of contract and this would be the way forward.

 

As for the good relations he has with the supplier, he may have to kiss that goodbye – although it would be unreasonable for the supplier which has a pride in its business to be non-sympathetic with somebody who simply wants to keep a vehicle looking good with matching trim.

 

If they want to fall out with him about this then it shows something about their general attitude that they can be lovely people when the weather is fair

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Not custom made , standard VW part

 

Thanks for the quick reply BankFodder ,

My son is heartened by your reply ,

 

The Dealer has agreed to supply the rest of the trim at cost , the only stumbling block is again “special order “ and the problem of matching

 

I have suggested to him to make it a condition of the order , that any new parts of trim supplied should match the already purchased head lining , and if there not a match , to refuse to accept the parts.

 

To be continued

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Firstly firstly is the fact that the VIN number relates to a particular specification

 

Although some digits within a VIN number refer to more general vehicle type and specification, a full VIN number is unique to one specific vehicle. There can be no two the same - otherwise Registration authorities would not accept or use VIN numbers as an identifier.

 

That being the case it seems the fault is not with the OP's Son or the Dealer but with VW themselves. VW, and only VW, created the vehicle, production records and VIN number. So either -

- VW production records were incorrect and did not match the vehicle they produced, or

- VW cocked up the order, or

- the VIN number was incorrectly transmitted between the Dealer to VW.

 

Assuming it was not the last, VW's 'smokescreen' response of a "special order" is irrelevant and just an attempt to squirm out of it. VW appear to be the cause of the error and the consequences falls on them.

 

Just as the Son doesn't want to sour his relationship with the Dealer, the Dealer depends on VW for his livelihood.

However, if it comes to a legal fight, the Son legal relationship was with the Dealer and the Dealer's legal relationship was with VW.

 

I think the OP's Son and the Dealer should conduct a combined approach to/against VW accordingly to obtain the correct specification part at no further cost.

If VW can no longer supply this they should admit their error and seek some satisfactory resolution with the OP's Son (via the Dealer).

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As others have said really. Special Order does not mean Custom. It's a standard VAG part so there's nothing custom about it. The fact that it has to be ordered from Germany, special order or not, has got nothing to do with it. The dealer and/or VAG are trying to bamboozle.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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I recently ordered a "special order" door interior trim for my 20yo VW and they sent the right part.

I don't think your son's headlining has been discontinued, they simply made a mistake in sending the wrong one and don't want to admit it.

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