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    • In their draft application to the court they state that their Letter of Claim listed the proper three invoices.  Is this true, or are they lying?   As for replying to them, hang fire for the moment, see what people who have dealt with this sort of thing before have to say, there may be a way to oppose their application or at least make them pay a hefty sum to the court for granting it.
    • but the other debts are part of this big picture and its eventual solution a rough idea will help.   if if if they ever get another powerless repo/dca involved, they will tell you well in advance.   help us please
    • to do what they are powerless...   you like 10'00'000 of other s jump because a dca says this or that a DCA is not a bailiff and has zero legal powers on any debt no matter what its type.   another one of your issues is following stupid freeman of the land twaddle. very dangerous.don't   moorcroft dont by debts they only act for clients.   as long as you don't run from debt and insure the debt owners or 'the client' has from you a letter which states your correct and current address or you did so to the Original creditor before any sale or your haven't moved since taking 'the credit' out you are safe from backdoor CCJ's to an old address.   sit on your hands and see if the owner of the debt want to issue a letter of claim. if they do  you return here   A CCJ - which is the only tool they have - because just like us joe public, its the only thing we can legally do if we claim someone owes us money - they have no more powers that you or me
    • That is why I (specifically) said "the lender".
    • eeeh i see ... I just really need a little help, that's why I am here. Being funny does not mean that I am a troll or something and English is not my native language. I just don`t know what to do next, that`s all
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Dealer refuses refund after failed repair attempts


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You're not the OP, and writing in the first person is not helpful.

 

The whole reason that consumer legislation exists is because of stuff like you've written here. Thankfully we no longer live in that world.

 

You are spouting nonsense, I've no idea what you mean about writing in the first person.

 

Let's be clear. The OP bought exactly what the advert said it was - a car suitable for spares or repairs. As a dealer you cannot sell a car 'sold as seen', it is illegal to do so.

 

Consumer legislation exists, quite rightly, to protect the consumer: but you cannot protect a consumer against themselves, the OP bought the car thinking it would be ok, but it wasn't, and was expressly described as being for spares or repairs.

 

As for your comment that we no longer live in those times, the very fact that the op has come here demonstrates that we do.

 

Why on earth any dealer would get involved with stuff like this is beyond me....if it's not good enough to retail, send it to auction.

 

I am NOT defending the dealer or maligning the op, simply telling it how it is.

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The seller could argue that the fact that he put on two tyres to sweeten the deal in order to sell as spares and repairs. I think the OP has a very weak case with this. When the car is advertised as spares or repair it means exactly this. They cannot control what subsequently happens to it.

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You are spouting nonsense, I've no idea what you mean about writing in the first person.

 

Let's be clear. The OP bought exactly what the advert said it was - a car suitable for spares or repairs. As a dealer you cannot sell a car 'sold as seen', it is illegal to do so.

 

Consumer legislation exists, quite rightly, to protect the consumer: but you cannot protect a consumer against themselves, the OP bought the car thinking it would be ok, but it wasn't, and was expressly described as being for spares or repairs.

 

As for your comment that we no longer live in those times, the very fact that the op has come here demonstrates that we do.

 

Why on earth any dealer would get involved with stuff like this is beyond me....if it's not good enough to retail, send it to auction.

 

I am NOT defending the dealer or maligning the op, simply telling it how it is.

 

 

 

 

 

Peugeot 207 1.4 petrol 5 Door hatchback

 

Full Service History

 

MOT UNTIL 16TH AUGUST 2018 no advisories

 

Cambelt and water pump have been changed in last 500 miles

 

Sold as seen on behalf of customer.

 

 

What do you mean As a dealer you cannot sell a car 'sold as seen', it is illegal to do so. The advert states this on the botton Sold as seen on behalf of customer.

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I know....thy should never use that phrase! 'Sold as seen' carries no weight whatsoever from a car dealer. Illegal was perhaps too strong...just meaningless.

 

However, 'spares or repairs' is perfectly ok.

 

Presumably 'sold as seen 'implies that it might well be a good car, have a look, make your own mind up, whereas 'spares or repairs' implies it is definitely not a good car.

 

The ad said:

year

make mileage

mot

spares or repairs

 

The ad did NOT say

drives well

excellent condition

starts first time

excellent bodywork

reliable

etc.

 

Indeed, the condition of the car is not implied in any way.

 

The OP bought what was advertised I'm afraid

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Now selling and buying at auction is very different to buying from a dealer.

 

What will be considered in this transaction is what was said at the time about the MOT, putting new tyres on etc but also where it was advertised and how much the vehicle was compared to one that isnt advertised as spares/repairs.

So, sold in trade mag or specialist site- then not aimed at selling to the public.

 

My opinion is that this car was priced and being marketed to consumers and as such their waffle about selling on behalf of customer spares/repairs is disingenuous so as you can see I disagree with oddjobbob on this one.

 

The dealer shouldnt have offered agency to it and refused to sell it to a random punter knowing that it wasnt his to bargain over so again that calls the other statements made by the dealer into question.

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if I remember correctly on watchdog or one of those programs there was a case identical to this

and it was adjudged that the dealer cannot state 'spares or repair' whenever selling to jo public

as and excuse for not refunding.

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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Who knows? You might be right, for the op's sake let's hope you are.

 

Why on earth any reputable dealer would want to be involved in acar like this I've no idea.

 

But I can foresee a battle....the ad could not be clearer that it's spares or repairs and there's nothing wrong with offering acar of this nature to the public. Also as stated the ad did not contain any 'puff' merely a statement of facts about the car.

 

we shall see!

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if I remember correctly on watchdog or one of those programs there was a case identical to this

and it was adjudged that the dealer cannot state 'spares or repair' whenever selling to jo public

as and excuse for not refunding.

 

I vaguely recall it...but I think the ad did not state s/r, the dealer put it on the invoice at the point of sale.

 

que sera and all that....

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yes I think that's it

and he;'d done it numerous times before and had been reprimanded for it already.

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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If you buy a banger for spares, don’t expect a faultless retail ready car. The retailer has every right to advertise a vehicle on behalf of a private seller and state it is not a retail vehicle and that machine is being sold for parts. Anyone with an ounce of intelligence understands the above. .

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  • 3 weeks later...

Got a phone call from the dealer after receiving letter, he saying willing to take car back for a full refund, but wants to deduct 25p a mile for miles used plus have it fully valeted before its return.

 

This works out at

103281 - 102835 = 446

Less 45 Miles = 401

 

 

401 X 0.25p = £100.25

 

 

Is 25p reasonable, as seems excessive if its for price depreciation of the car.

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nothing in the cRA states he can charge those .

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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Good work! The dealer knows you have a case, now it’s just a case of sorting out the details :)

 

The CRA specifically allows deductions for cars:

 

“No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless—

(a) The goods consist of a motor vehicle“

 

That said, £100 plus valeting fee seems excessive. I’d offer them £50 in full and final, including valeting.

 

One thing to bear in mind: what price do you put on not having this stress in your life? If you can make it all go away for £100, depending on your circumstances, it might be worth considering.

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Given the circumstances and my original view of your chances, I think this is a very good result. I would take it and I wouldn't hang around.

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  • 2 weeks later...

I asked dealer how he calculated the 25p per mile figure, suggesting 15p more of a reasonable figure. Response...

 

 

"Thanks for email, between us we seem to be worrying about a few pence, If you return it cleaned, perhaps we can have Final settlement and a closure to this at £950.00 or £900 if not cleaned.

How soon can I have the car? Any chance today? (Wednesday) as I am tied up the rest of the week."

 

Car returned on Friday, cleaned, £950 refunded into bank within 30mins, can't complain on a £50 loss.

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well done

 

 

 

 

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Please help.

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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With the revs dropping while stationary try resetting the ecu by putting ignition on without starting the car and then leave it for 2 minutes.

Then start the car.

It works on VW and Audi, so maybe it will work on French cars too.

 

Where on earth did you dig that little nugget of information from?

 

H

42 years at the pointy end of the motor trade. :eek:

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