Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Pandemic will just accelerate the change that was already happening.   High Street Retailers will go bust, as they cannot compete with online warehouse operators. Government will have to reduce the business rates significantly and landlords who own the shop buildings will need to reduce the rents they charge.   Retailers will need to make changes to the layout of their shops to make them more attractive, as a leisure experience. If they are offering just racks or shelfs of goods, consumers may think they are not getting anything extra than if they bought online.   As more people work from home, they will be available for home deliveries, so online retailers will gain the sales. The high streets where these homeworkers  use to work close to will lose sales.   Travel sector including airlines will see many go bust, more so, if there is a second wave of the virus.  Holidays based in peoples home countries or in neighbouring countries will be more popular. Caravans, motorhome sales are going to see massive increases, as people want their own clean spaces. And caravan parks will see more demand as a consequence, but will have to update facilities.   Pretty much every sector of the economy is going to see the biggest changes they have ever gone through and in a very short space of time.
    • This article in the Indy has some interesting views on how Brexit has affected the Uk's response to Covid.   https://www.independent.co.uk/voices/coronavirus-lockdown-government-death-toll-boris-johnson-a9551516.html
    • Small attachment to an iPhone that cost £288.00.   I know anything that relates to Apple can be very expensive, but what was the attachment ?   Did you return the attachment product in its original packaging ?   How often do you buy products from Amazon ?   How often do you return products to Amazon ?   Could Amazon believe you are buying products to simply try out for a period, with no intention of keeping the products ?
    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I don't see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
  • Our picks

rrokieDriver

taking Haze Vehicle Management to Small Claims Court

style="text-align:center;"> Please note that this topic has not had any new posts for the last 338 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Everyone,

Its a very convoluted and long story but I hope you read it till the end and advice me please. I am new to this and this is my first car.

 

27th April

 

I recently bought a used vauxhall corsa 1.2 on 27th of April for £2895 and they offered me to do the road tax for me which is £140 which I agreed since I was busy on this day(ofc I paid them to do it). The next day when I took out for a drive the engine started to overheat and the engine overheating light was on, on the dashboard. I didn't wanna take it to seller as they are 20-25 mins away and the engine would overheat within 10-15 mins of driving. I genuinely wanted this car so on Monday 30th April, I took the car to halfords for full service which is 5 mins away hoping the lack of coolant was the issue, this is when I found out multiple issues with the car i.e coolant leak from the water pump and couple other advisories.

 

1st May

 

The next day(Tuesday) 1st of May I took the car back to dealer about the issue and the engine didn't overheat this time because the coolant was filled and probably would have taken longer to overheat, however the leak from water pump was still there. So, they recommended me to changed the timing belt as well but however, I was told I will have to pay for it, since it is not damaged and warranty does not cover it but it will be relatively cheap if I do it now. I told the manager that if the cost is within 100-200, I will think about it and he confirmed that he would call me and tell me confirm cost before they change the timing belt.

 

note: road tax still shows as untaxed

 

2nd May

 

The next day(Wednesday) 2nd of May I called them to confirm how long will it take to for the repair and asked if it is just the water pump replacement, the guy on the other end confirmed it was just water pump but didn't give me exact date when it will be fixed.

 

note: road tax still shows as untaxed

 

4th May

 

Fast forward to Friday 4th of May I called them 4-5 times during the day but they did not pick up my call so, this time I decided to visit them. Upon arrival the manager and staff was about to head out and assured me that the car is fixed they were just going out to bring my car back from the mechanic and was told to wait "15 minutes". After about an hour and half they came back saying that the thermostat needs fixing too. So I asked them if I could drive without it and if there is any safety concern and they reassured me saying there will be no bad consequence to the car or my safety driving without thermostat. Not only they didn't fully fixed my car but also changed the timing belt which I didn't ask them to do and it cost me 198 pounds.

 

Before we left, I confronted them about my vehicle showing untaxed in the government website but I was told it happens sometimes even after 5 days so i trusted them however, when I asked them for proof they said they will give me next time and he was in a hurry. I was told to bring my car back on the following Monday morning 7th of may for thermostat replacement and they confirmed it will be fixed by the evening.

 

note: road tax still shows as untaxed

 

7th May

 

Fast forward to Monday morning 7th of May I leave my car and keys at the dealer. After enjoying beautiful weather I go back to the dealer's with my brother in the evening to pick up my car, so I get out from my brother's car and after few minutes I get a call from my brother who is waiting for me at the off street car park saying has car been fixed so i tell him no I am just walking toward the dealer's. He laughs and says that my car is at the same spot as we left this morning. Not only they did not fix my car, they didn't even bother to take it to mechanic. Also bear in mind that I still have not received my receipt for previous water pump and timing belt replacement and keep telling me its at mechanic/invoice ran out.

 

note: road tax still shows as unxtaxed

 

8th May

 

They have started to ignore all my calls now so I used my dad's number to call them and they picked up instantly. I confronted them about them ignoring my calls to which they replied "I was about to pick up". This happened in multiple occasions.

So I decide to surprise visit them and asked the staff for full car refund because I did not want to deal with them anymore. The staff told me that it was because that the mechanic was busy on Monday so he could not fix it. So, I decided to give him one more shot so I left my car there that day which was Tuesday and picked up on Thursday 10th May.

 

16th May

So, far I visited them twice to get my receipt and ask for the proof of car tax since my car was still showing as untaxed. They said the receipt will be done next time and I don't have to visit them and they will bring it to my house since one of the staff lives where I live. It has been 12 days now since I have not received any receipt or any proof of car road tax from them.

Car engine light is lit now, coolant is leaking and engine is overheating again, so I am sure this time that I do not want to deal with this problem again so I visit them on Monday 21st of May.

 

21st May

I decided to ask for full refund again. The staff said that the manager will not agree with refund since they have already offered to fixed my car so I was discouraged to ask for refund because it made sense to me. However, I pretty consistent and kept asking him that I need the proof for car road tax payment today and needed the receipt today. Luckily the manager arrived so I discussed about the receipt and road tax with him. The receipt was no there in their office again and was told off saying that they will have to talk to mechanic. And about the road tax he gave me a reference number as a proof for that vehicle has been taxed. So I was relieved that the car actually has been taxed!

Regard the repairs they assured me that they will contact me the next day.

 

Next Day 22 May

No sign of contact from them and the car road tax is only valid for 6 months, when I paid them £140 to do it for 12 months.

 

23rd May

I contact them again about the car refund to the manager to which he replied he will call me back again after 10 mins because he will have to talk to the owner. 4 hrs later... still waiting for his phone call So i messaged him saying i need a refund or else we will have to go to small claim court.

 

note: road tax still shows as untaxed

Edited by rrokieDriver
trying to cut down the size

Share this post


Link to post
Share on other sites

You are protected by the Consumer Rights Act. If a defect materialises within the first 30 days of the contract then you have a right to a replacement or refund at your choice.

 

Don't worry about what they say about having agreed to repair et cetera.

 

Send them a letter immediately and tell them that you are asserting your right to reject under the Consumer Rights Act because of the defect which has materialised. You can say that you have given them ample opportunity to repair it and they have failed to do so and you now want a refund.

 

Frankly if the dealer treats you like this then I would stay well clear of the dealer. Who did you buy the car from?

 

I'm afraid that if the dealer is as obstructive as this then you may well have difficulty getting your money back and it may take a court action to force them. Are you prepared to take a small claim in the County Court? On the basis of what you say I estimate your chances of success at better than 95% and of course you will get your claim fee back.

 

I think your best position now is to take the car back to them and leave it on the forecourt – completely off the road. Once you leave it there and you lock it make sure that you take photographs all round so that there is no dispute about any damage which subsequently occurs. It would be a good idea to take a witness with you but make sure that witness stands well back and doesn't get involved in any conversation and does not give any indication that he or she is trying to be provocative. You need a witness simply to watch you park the car on the car park, take your photographs, to confirm that the car is still in good condition and then to leave with you. Leave the keys with the garage.

 

Then contact DVLA or whatever it takes to start disassociating yourself from the vehicle.

 

The main question here is how far you prepared to go to get your money back?


Share this post


Link to post
Share on other sites

I am willing to take them to county court and to be honest I don not know how far should I be prepared and if its worth the time and money. Is taking the dealer to county court even worth the time and money? I think I will have to do a bit of research on this topic.

Share this post


Link to post
Share on other sites

We have lots of information on this forum about bringing a small claim in the County Court. It's very easy. It straightforward although it helps if you do a bit of reading so you know the steps. The important thing about a small claim is that it is a claim for less than £10,000 and that means that even if you lose, you don't end up paying the other side's costs. If you win, then they have to pay your basic court costs plus interest on your claim.

 

We can help you draft the claim but of course it will be very simple. I'm not sure what the claim fee is for the value you are looking for. I suspect it might be a couple of hundred quid. Also if they decide to call your bluff and take you to a hearing and that is likely to be about hundred and fifty quid on top. You will get all of that back.

 

If you want to get rid of the car which sounds as if it is going to cost you a lot of money all the time from a dealer who clearly you can't trust then I would say that it is very worth it. However it is up to you.

 

Otherwise you going to be left with the vehicle which from the sounds of is going to develop defect after defect after defect and you wish that you had spent twice as much on the car to begin with in order to get a better quality vehicle.

 

You haven't told us who the dealer's. Are you trying to protect them?

 

Your claim would be broadly this:

 

Quote
The claimant purchased a second-hand Vauxhall Corsa registration XXX from the defendant car dealers on XXX date.

The car developed various defects within the first 30 days from the date of contract.

The claimant informed the defendant that he was rejecting the vehicle under the Consumer Rights Act 2015.

The defendant has refused to accept the vehicle and to refund the claimant.

The claimant seeks the return of the purchase price plus £XXX expenses which he has reasonably incurred during the short ownership of the vehicle plus interest.

The claimant has already provided the defendant with a list of the expenses incurred during his ownership of the vehicle


Share this post


Link to post
Share on other sites

Thank you very much for your response, you don't know how much relief i got from reading your response. I will quickly start digging information about small claim in the county court. Also, I am currently writing a letter to them and I am stuck on how much should I quote them for the reimbursement is it just the original value of the car? or including the extra cost that I paid for vehicle repair such as car service and timing belt replacement?

 

 

 

It sounds like I can afford the claim fee and little bit under the value which I was looking for so I am relieved.

 

 

I am not trying to protect the dealer, I am just naive do not know what information should I be exposing without any backlash. They are independent car dealer, Haze Vehicle Management based on Hayes, London.

Share this post


Link to post
Share on other sites

You're entitled to full reimbursement plus any other expenses which you reasonably incurred and that would include any repairs/improvements to the car - particularly because you had informed them in advance.

I suggest that you missed out the expenses to which you have been put in your letter of claim so that they are fully aware of what you'll be claiming and why

I am amending my draft claim above to reflect this


Share this post


Link to post
Share on other sites

One more question, my vehicle overheats very quickly(10-15 mins) and spits out a lot of white smoke when i first start the car every morning. Can this vehicle be claimed not safe for driving and ask the dealer to take it instead of me taking it to them? I am afraid I might damage the vehicle even more if I drive like this.

Share this post


Link to post
Share on other sites

The dealer certainly should be responsible for recovering the vehicle but they may refuse. You could try and ask them. Do it in writing and then see what they say.

However if they refuse then the best thing to do is to try and get it to them and leave it.


Share this post


Link to post
Share on other sites

If you have paid by card, after returning it you could do a section 75 /chargeback to avoid court.

Small garages tend to close down and reopen with a different name as soon as they get a ccj, especially if they are a limited company.

Share this post


Link to post
Share on other sites

Hi

I would get this claim started ASAP. This company has only been around (in this name) since late last year and their confirmation statement is overdue

 

 

https://beta.companieshouse.gov.uk/company/10718804

 

 

Whilst there is nothing of note regarding name changes (should he close down and reopen in another name) I would register with companies house and follow Haze. Every time a change is made to the company, you get informed and if they do try to close down, you can object.

 

 

 

https://www.gov.uk/object-to-a-limited-company-being-struck-off

 

 

This stops them closing down whilst legal action is ongoing.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

They can do as you said silverfox, but nothing stops them selling all assets at a fraction of the price and distribute the little money amongst directors and employees.

A chargeback or section 75 would be my first port of calls.

Share this post


Link to post
Share on other sites

Thank you guys for advice. I paid by loylds debit card, however they say I have to allow the dealer 15 days from the day I returned the car for the refund and only after that they will start the process of chargeback. However, they said i need some sort of proof that I have returned the car to them which in my case I do not have. I returned the car to dealer on 24th. What could be counted as an evidence in this case?? Any help would be appreciated guys, Thank you.

Share this post


Link to post
Share on other sites

Didn't you take a witness and take the photos that I suggested?


Share this post


Link to post
Share on other sites
One more question, my vehicle overheats very quickly(10-15 mins) and spits out a lot of white smoke when i first start the car every morning. Can this vehicle be claimed not safe for driving and ask the dealer to take it instead of me taking it to them? I am afraid I might damage the vehicle even more if I drive like this.

 

Sounds like the head gasket is blown. This, in addition to the water pump, would be the cause of the overheating issues. A permanent repair is going to be expensive, and there could well be other faults waiting to surface. Whilst the damage has already been done, and driving it back to the dealer is unlikely to make things any worse, I'd insist on them collecting it. Certainly, if the vehicle is showing as being untaxed, you don't want the risk of being pulled over by the Police and getting a ticket for the effort.

 

Edit: Ignore the last couple of lines. I see you have already returned the vehicle.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

Quote
No... you can't eat my brain just yet. I need it a little while longer.

Share this post


Link to post
Share on other sites

Yes, I did take the picture including some videos and took someone with me, is there anything else I need to worry about at this point? So far I have only handed the dealer with vehicle reject letter because there seems to be some protocols that I need to follow before starting the claim process so, I am thinking of waiting for time period of 14 days since its a very straight forward case and if the dealer does not refund on the given time span(14 days) I will be starting with claim process.

Share this post


Link to post
Share on other sites

Okay, you have returned the vehicle and you have a photograph and a witness.

 

I suggest that your witness rights a statement immediately as to what happened – time date et cetera and what they saw.

 

I should start off:

my name is XXX. My address is XXX.

On XXX date I accompanied XXX name XXX to the garage at XXX. The purpose of the visit was to return the vehicle belonging to XXX name XXX and I was asked to come along as a witness that the vehicle was indeed returned and also as to its condition when it was left with the dealer.

 

I confirm that I was in the vehicle followed the vehicle in my own car when it was taken back to the dealer. That XXX name XXX left the vehicle on the dealer's forecourt and presented the dealer with a letter formally rejecting the vehicle because of its defects. XXX name XXX also took a photograph of the vehicle to show that the vehicle was in good condition when it was left.

 

I and XXX name XXX left the garage forecourt together and we travelled home by bus/by taxi/pie train/in my vehicle

 

Signed

 

Dated

 

Give a copy of this to your bank together with a copy of the photograph and a copy of your letter of rejection. Ask the bank for a copy of their written policy in respect of this 15 day delay – frankly I shall be surprised of such a policy exists and I think that it is highly likely that you have come across the first stage in the bank's reluctance to help you or to give you your money back.

 

If I'm wrong then I apologise – but I'm afraid this sceptical attitude comes from long experience.

 

What are these protocols that you are referring to? If you are talking about the letter of claim, then if I were you I would issue it now. If you don't, then it means that you will wait 14 days for the dealer to do nothing and then you have to send a letter of claim to wait another 14 days which means 28 days in all.

 

The dealer doesn't need this amount of time. Send a letter of claim giving them 14 days or you will take action without any further notice. Log onto MoneyClaim and open an account and start preparing your claim. On day 15 click it off and send the court papers.

 

Keep onto the bank about the refund. Don't expect any enthusiastic help from them. Any time you deal with on the phone then record your calls. Have you read our customer services guide?


Share this post


Link to post
Share on other sites

Hey Guys, I been busy this this week.

 

I handed them the letter of claim last week and also I have registered myself on gov website for small claim less then 10,000 pounds.

 

Thank you so much for your support, I will let you guys know about dealer's decision since the "manager" said he needs to talk to the "owner" and will forward any details regarding the refund.

 

Also I have recorded all the calls between myself and the dealer since last week hoping it would be helpful if I have to take this case to the small claim court.

 

I have also made dealer admit that I have left the vehicle at their place and that they have received the letter of claim over the phone which is recorded as well just in case if they ever try to deny it.

 

looks like the company that i bought the car from recently changed their director and registered office address to a different address.

 

Will there be any significant obstacle on my side when taking the dealer to the small claim court?

 

any help would be appreciated, thanks.

 

https://beta.companieshouse.gov.uk/company/10718804/filing-history

Share this post


Link to post
Share on other sites

No it won't but they may also be thinking of dissolving the company.

When did you send the LBA?

 

Do they still have the garage?


Share this post


Link to post
Share on other sites

I sent them last week on Thursday 24th of May and yes they still have the garage.

Share this post


Link to post
Share on other sites

Are you sure about the company name on the invoice/receipt et cetera? As soon as the letter of claim expires you should click it off on MoneyClaim to the new registered address. I suggest that you also print out a copy of the claim and deliver it to them at the garage and then fill out a certificate of service which you will find on the County Court forms database.

 

Also a synergy of done this, send a copy of the claim plus your letter of claim plus evidence of having returned the car to Lloyds as part of your chargeback procedure. Have Lloyds you any written confirmation that a chargeback process started? Do you have a reference number?


Share this post


Link to post
Share on other sites

The company name they wrote on the receipt is hazemotors

 

however on their website and public record states its haze vehicle management, is this somethimg I should be worried about?

 

On the other hand the letter of claim expires on thursday this week so I will start writing a draft.

 

Unfortunately,

my bank cannot chargeback on any bank transfers which is how I paid to the dealer and I know it was a stupid mistake which turned out to be an expensive one for me.

Share this post


Link to post
Share on other sites

Put: haze vehicle management t/a hazemotors

 

Also I notice on their website that they are not displaying their company information correctly as they are obliged to do so by law. They are not saying that they are limited and there is no company number. I suggest that you take a screenshot of the website and store it away with the receipt


Share this post


Link to post
Share on other sites

Thank you for your quick reply.

 

I have saved their website on my PC so, I can easily access their website even if they take it down, thank you for your advice.

Share this post


Link to post
Share on other sites

Let's hope you can access your backup data when your own PC goes down


Share this post


Link to post
Share on other sites
Also I notice on their website that they are not displaying their company information quickly as they are obliged to do so by law. They are not saying that they are limited and there is no company number. I suggest that you take a screenshot of the website and store it away with the receipt

 

Searching Companies House turns up two entries:

 

https://beta.companieshouse.gov.u k/company/06483932 Dissolved 2014

https://beta.companieshouse.gov.u k/company/10718804 Incorporated 10th April 2017

 

With a little bit of digging, I suspect links could be established with the directors of both companies...

 

hazemotors.co.uk has been scraped in its entirety and compressed in to a 2.1MB tarball :-)

Each page has a date & time stamp for when it was captured with an additional time stamp to show if and when any changes were made after capture.

 

A limited number of pages have been archived in November 2017 on the Wayback Machine: https://web.archive.org/web/*/http://www.hazemotors.co.uk:80/

Edited by Mr.P
Removed Company House links.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

Quote
No... you can't eat my brain just yet. I need it a little while longer.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...