Jump to content


  • Tweets

  • Posts

  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
Emma0214

Faulty Car - potential small claims

Recommended Posts

Hi

 

I am just looking for some advice.

 

We purchased a car In October 2018 2009 tiguan with 114K miles on, we purchased from a dealer (sold from a garage) but i think hes a sole trader.

 

Before we purchased, the dealer said the engine management light came on and went into limp mode, they plugged in and was the glo plugs and the light was now off and all fixed.

 

Satisfied we purchased the car via bacs.

 

On they way home the car went into limp mode - i called the dealer and he suggested carry on driving until it did it again. November 18 we had an issue with the clutch, the dealer asked us to book into a garage over 20 miles away - but it was done free of charge and i was giving a car.

 

The car then went into limp mode just before Christmas, we called up the dealer who told us to use to the same garage (not the one the car was sold from as he didnt trust the mechanics) and it was his responsibility to fix.

 

Booked in January (due to them not being open over Christmas) and the same i was given a car whilst mine was in. The issue was the inlet manifold has blown and cracked. something that would of happened with there being an issue with it and being driven over time has made worse.

 

The dealer offered half the bill - the bill was £700. We refused, saying if within with first six months of purchase the dealer should repair or replace. Again he refused and offered half the money, the car was in an independent garage, so one of us had to pay. But he also said in writing he wouldn't be responsible if it went into limp mode again or wouldn't give us a refund. Im under the impression the legally needs to.

 

So we have paid the bill and ive written to ask him to pay in full, hes refused, saying if we take him to small claims to be putting a counter claim in for a solicitor etc.

 

Where do you think we stand with a small claims?

 

CAB have told me he should pay the bill as if there is a fault within the first 6 months its deemed it was there when the car was purchase.

 

Does anyone have any advice?

 

Thanks

 

Emma

Share this post


Link to post
Share on other sites

There is no problem about bringing a small claim and there is absolutely no possibility that he could put in a counterclaim for a solicitor. One of the basic small claims rules is that even if you lose, you were not responsible for the other side's costs so long as you behave and litigate reasonably.

 

He is completely wrong. Please will you tell us who the dealer is.

 

Under the consumer rights act, within the first six months he has to be given an opportunity to repair the vehicle and if the repair fails then you are entitled to a refund or a replacement – or even a further repair at your choice.

 

It seems to me that you are best off getting out of this contract.

 

Write a letter and tell them that you want a complete refund and also you want reimbursement of any losses that you have taken as a result of the problems and that if he does not refund you within 14 days you will issue proceedings in the County Court without any further notice.

 

Don't send this letter unless you are serious. Don't bluff.

 

Send the letter and then register with MoneyClaim online – a free County Court service and start reading up on this website about how to bring a small claim. We will help you. It's very easy.

 

Your chances of success are much better than 95% – but the only problem could be enforcing the judgement. If he has a stable business and a permanent premises then you stand an excellent chance.


Share this post


Link to post
Share on other sites

Thanks for your reply.

 

Shall i start the court proceeding now? even though the 14 days arent up yet?

 

Thanks

 

Emma

Share this post


Link to post
Share on other sites

Absolutely not. You send the letter of claim. You set down a 14 day deadline. At the expiry of the 14 days – day 15 – you issue the papers.


Share this post


Link to post
Share on other sites

Thank you so much. Ill do this tonight.

 

Emma

Share this post


Link to post
Share on other sites

I suggest that you use the following as the basis for your claim. It doesn't really need very much more detail.

 

the claimant purchased a XXX car registration number XXX from the defendant car dealer.

 

Within the first six months the vehicle displayed defects.

 

The defendant agreed to repairs but the repairs failed.

 

The claimant has asserted their right to reject the vehicle and require a refund under the consumer rights act.

 

The defendant has refused to refund the claimants money.

 

The claimant claims the cost of the vehicle £XXX (plus any associated losses £XXX) plus interest

 

If you have suffered any losses such as the cost of insurance which may be won't be fully reimbursed, or cost of transport or loss of vehicle or anything that you have bought for the vehicle which won't be useful for your next vehicle then you should list these out as expenses as well and add them to your claim.

 

You should frame your claim so that you are not out of pocket at all.

 

By the way, I don't notice that you have told us the name of the dealer.


Share this post


Link to post
Share on other sites
Please fill in your quit date here

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...