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    • I certainly tend to agree with you that the leasing agreement should at least require that the car is in satisfactory condition and remains that way for a reasonable period of time – based on the expectation of a reasonable consumer. Very much like the requirement of satisfactory quality for a sales contract. Of course we haven't seen the terms and conditions and it may be that there is something which excludes this. It would not be excludable in a sales contract but it may certainly be excludable in a rental agreement – although I doubt it. On the basis of what you say in that case, it's a question of accumulating all the possible evidence and then bringing an action for breach of contract. I think you should be careful about assembling your evidence – do it methodically and may be you can post up a link here to the terms and conditions – or specifically the terms which deal with this situation. In terms of being confident that the will be prepared to provide all of the telephone records – even if it incriminate them, I find it very comforting to find that there are people who still believe this kind of thing. Bless.
    • Shall I send the letter about the proposed warrant or just proceed to MCOL and execute it? Also how much should I sue for on the most recent disclosure breach? The first was £200 plus fees, as this is the second one this is not just an oversight but a continued breach so I feel it should be escalated to reflect the more egregious nature of their failure.
    • Thank you. Yes, I remember now the file extension because they had already supplied some information. They've now ignored your letter of claim so I think that you start the next action – as well as of course, putting the bailiffs in on the existing judgement. In terms of the SAR, I think I had in mind that you would send a second SAR solely for the handset – and I suggest that you do that straightaway. Although generally speaking we don't limit SARs, in this case I think it would be useful to send an SAR which relates simply to this mystery handset. So three things – get a warrant Sue on the most recent disclosure breach SAR specific to the mysterious handset
    • DX - the lease agreement does state that the car has to be handed back in a drivable condition etc. SO I was forced to pay for the clutch repair to allow this to happen. It was a frozen morning when the girl turned up for the car - had I known this I wouldn't have repaired the bloody windscreen, but when it was booked it was crapping with rain for days...
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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
      • 1 reply
    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

PDI document refusal


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Hi i purchased a new motorhome on 1/12/17 ,since then have become in dispute with

the dealer and asked for a copy of the original PDI. i was told this is not possible

duu to"The General Data Protection Regulation and the fact that we are obliged to protect any data that refers directly to a person or entity we deal with.

 

As some of the documentation you are requesting relates to a supplier and some relate to inter departmental procedures we are not in a position to share this."

Is this correct please

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then they are obliged to hide those parts not make a total refusal that you cant see any of it.

 

whats your issue, pdi failed to find something you now have an issue with?

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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Sounds like a smokescreen. It's not even true. Data about an "entity" isn't covered by GDPR/data protection law, nor is data about interdepartmental procedures.

They simply aren't within the scope of GDPR.

 

GDPR can only cover data about individual living people.

And just because someone can be identified from the PDI doesn't automatically mean it can't be released.

 

Although a person's name is 'personal data' that on its own isn't sufficient to prevent its release.

And anyway, as dx says, if they do think that the name of, eg the person who signed the PDI, shouldn't be released they are required to release it to you anyway but with the name removed ("redacted").

 

I'd make clear that I don't accept their GDPR explanation, request they review their refusal, otherwise you will be referring it to the Information Commissioner.

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Just to be devil's advocate LMT1, they might respond by saying that the PDI contains no personal information about you anyway so they still won't release it. It depends what else you have asked for. But you can only use a GDPR/data protection act Subject Access Request to obtain data about you personally. You can't use it to get information about your vehicle. So you may need to think about alternative ways of pursuing your complaint.

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i also asked for a factory quality sign off sheet[ which they wont send either] and copies of warranty work sheets which they have sent some but very little info on them and nothing to say what was done or completed.

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When you buy a second hand caravan or motorhome the supplier should do another PDI and also service the unit to maintain the warranty.

You state "new" motorhome but it is new to you or brand new?

 

As it was bought in 2017 it would be covered under Consumer Rights Act 2015.

As you are now out of the 6 month window, the onus is on you to prove that the faults existed at time of purchase.

Did you report any of the current faults within the first 6 months.

It sounds as if you bought from a dealership whose name begins with "M"!

 

BTW we rejected our caravan after 11 months of ownership and were successful.

Is the motorhome on HP?

If the value of the motorhome is under £30k and you paid a deposit using a CC, you could use S75 of the CCA. We used Which Legal Services in our dispute.

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Good choice of letter 'M'

Yes the motorhome was bought new, and all existing issues were reported within the first 6 months

 

During their attempts to repair these warranty problems and faults, damage was caused to the motorhome,

 

We now have an ongoing situation, and have now engaged a solicitor to hopefully bring this stressful an upsetting situation to a conclusion

Thanks for your advice and input,

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Not many solicitors are conversant with the Consumer Rights Act 2015 as they probably specialised in other fields so be careful and don't waste money like us.

 

Actually you do not need to engage a solicitor to do all the leg work.

We joined Which Legal Services and got all the advice from them.

Cost was about £90 for the year.

We got a full refund and several thousand in compensation for lost holidays etc.

This dealership M gave a friend of ours the run around for 18 months before they managed to get a refund.

 

CRA 2015 clearly states that in the 1st 6months the dealer has one opportunity to repair and if the repair fails again then you can reject.

If they refuse they are committing a CRIMINAL offence!

 

Join Which Legal Services for expert advice from solicitors that are experts in consumer law.

You may be pleasantly surprised.

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Thankyou, we were not aware of the Which service

 

We have subscribed and over the next few days will be taking their advice

 

Hopefully we will be ' pleasantly surprised' and companies will learn that they cannot treat people this way!!!!

Especially 'M'

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  • 3 weeks later...

Hi , I would like now to close this thread and give a big thankyou to Surfer01. we concluded our matter with "m"with the production of a independent inspection sheet and renegotiated

a agreeable sum to take a new vehicle. Thanks once again

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