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    • The solicitors have acknowledged my CPR request but have yet to provide anything, no response to my CCA request yet.   I would like to get a defence in before the end of this week, can anyone help me put together a defence?   Thanks
    • There were express terms of repayment of the capital plus interest over 60 monthly instalments.  However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?   P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them  to ‘call in’ the entire amount of interest on the 5 year loan?  Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.   If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf
    • Just to add, I completely agree with you that a contract to prevent her leaving the employment would be completely unenforceable. However she properly should realise that the situation may be referred to in any references provided to her for a future job. Who is the employer? Their approach to this problem – which of course has been of their own making, is frankly bullying and unacceptable.
    • Please follow the link and read on this forum about estoppel. If she has received the payment completely in good faith – meaning that not only did she accept the fact that the payment was made properly and with authority, but also she had no reason to suspect that there was an error, then she will be entitled to say that they were estopped from recovering the payment – assuming that she no longer had the money and she had not used it to improve her lifestyle beyond what was normal for her. From the sounds of it, she may not be entitled to rely upon the doctrine of estoppel. You say that she was working 20 hours and she received 30 hours – which is a very substantial overpayment. She would have to persuade a court that she really had no way of suspecting that the money she was receiving had been paid to her in error. The courts apply very high standards if people try to rely on the doctrine of estoppel by way of a defence. In terms of them refusing to allow her to leave, they have no right to do this. It's complete nonsense – although they may well decide to hang on to any payment which is owing to her including holiday pay et cetera and she would find it very difficult to deal with this.
    • Hello All,   A friend of mine started work for a care home around eleven months ago.   From the very start they over paid her and it has just come to light.   I do not know for sure if she was aware of the over-payment, (she is cunning enough to be aware and dizzy enough to not notice!, with apologies to feminist readers!!).   The company has now demanded she repay the over-payment.  I am not clear what the sums are but she was contracted for around 20 hours a week and was paid for thirty so I would estimate 40 hours x minimum wage x 11 months so something like £3500.  (Please don't comment that this was a huge number that she should have noticed, I already know!).   At first they told her she could not leave until she had paid it back, finally an arrangement was made that she will repay at the rate of £50 per month and must settle the balance if she leaves before she has paid it back and they have made her sign a contract to that effect.   I take the view that whether or not she has an obligation to pay it back there should not be any contract that in effect ties her to the place.  She should be free to give notice and work elsewhere, any repayment should be at a rate she can afford and if she has a better job offer she should be able to take it without having to wait to pay back the overpay.   I would be most grateful for any CAG'ers opinions and comments on this matter and what her rights and obligations are. 
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Mercedes artico leather seats splitting/cracking

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Hi,

 

I need your advice on the issue I am having with Mercedes-Benz.

 

My ML Artico Leather car seats cover has started splitting on the both front seats which we noticed when it was 4.5 years old, it may have started long before.

 

I have been trying to get Mercedes to repair them FREE for last 8 months. I have complained to Mercedes Head office but keep getting the standard reply from them.

 

Mercedes is saying that the car is out of warranty but as a goodwill gesture they will contribute 50% of the cost of repair.

 

They also say that If I am unhappy with their decision I should contact Motor Ombudsman.

 

I feel that seats on the £45K car should not fall apart in such short time.

 

Has anyone had the same experience?

 

What does the complain to Motor Ombudsman involves and How long will this take?

 

If I take this matter further

 

I have been emailing Mercedes Customer services, should I complain to the Mercedes dealer I bought from?

 

Is my claim against Mercedes Benz dealer or Mercedes Benz Company?

 

I purchased the car from Mercedes Benz Retail, Ealing.

 

What are my rights which says goods should last 6 years?

 

Any advice will be appreciated

 

Thanks

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there is no longer any 6yrs rule like under sOGA

 

its now the CRA...

 

however, I would take the 50% offer and run with it.

 

it would be very difficult to prove it is not wear n tear

and would certainly not be covered by any warranty anyway.

 

dx


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I tend to agree with the above except that if you were able to get an expert report – and preferably two of them to say that the deterioration the seats was some inherent defect then you could consider making a complaint.

 

However, if the seats are worth £45,000 then you would be looking at a court claim far greater than the small claims limit which would leave you liable to a risk of costs if you lost.

 

However, 4 1/2 years seats in a very high quality vehicle to start showing the kind of wear you seem to be referring to certainly seems to be a very short amount of time.

 

I'm sure that if Mercedes advertise their cars and part of the claims were that you wouldn't have to replace your seats for at least 4 1/2 years, I don't expect they would sell any.


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I think the car was £45k, not just the seats 😉

However the age of the car is only one part, the mileage is a significant factor to wear. If the car has done say above 100k, then that may be deemed to be reasonable.

 

While trying not to be rude, heavier set drivers also tend to stretch the seat, especially getting in and out, so the door side gets the most damage.

 

Were you the first owner?

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I think the car was £45k, not just the seats

 

:lol::oops:


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We bought the car from new.

 

It was about 43000 miles when we noticed the fault. My wife is the main user of the car and she is about 56Kg, and I drive at the weekends and I weigh about 80kg.

 

The ML is made in USA, where generally people have bigger build.

 

The seats should last longer than this.

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With so few miles I think you would have some scope. However as the car is potentially at half life I think the 50% deal is not too bad, you may be able to push them a little more, but I don't think you would get a warranty replacement for a car of that age.

 

What does 50% represent by way of cost, you may be able to get them done by a specialist for less?

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50% is about £460 ( total estimate was £920).

Edited by dx100uk
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