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    • I think I could open the door for a bank charges claim as well. I wouldn’t be challenging whether the charges were unfair/lawful under the banks standard terms, I’d be challenging whether it was fair for the bank to apply charges when there were no terms allowing for the charges to be applied.   Could a CCA Sec 140 claim work!?!?
    • I’d add (just in case the DJ says “but if you couldn’t pay, you shouldn’t have parked”): “The situation being compounded by the app appearing to allow payment, with a countdown timer for the period ‘paid for’ appearing”.   Have you offered to pay the fee the app should have taken but didn’t?   If they were stupid enough to take it to court I’d invite the judge to find that they were entitled to that fee, and only that fee, but [contrary to the usual guideline of costs ‘in the case’] you were entitled to the {limited} costs available in the small claims track. They’d ‘win’ : but only for the parking fee, you’d win : by them being the ones an order of judgment was made against!
    • He is correct, though that only a judge can order him to refund the money.   You can’t complain about him saying only a judge can order it: that’s what the County Courts do - adjudicate disputes. You can complain that the guidelines make it clear what the outcome will be, so his behaviour is unreasonable.   ”That, Sir” (or Madam), “is the crux of why we are here. I suggest it is inevitable that you will find the refund must be made, and the Defendant should have seen that, but their intransigence has led to this matter reaching you”.  
    • Always have your door locked, to avoid anyone getting in without your permission.   Enforcement Officers (Bailiffs) are allowed to make peaceful entry into a private address, but they should announce who they are (name, job role and company) and the reason for their attendance at your address.   As soon as they were told that the person they were seeking was not living at the address, they should have asked politely for more information.  Once they were aware they were at the wrong address they should have apologised and left.    The conduct you describe would be professional misconduct and would not involve the Police.  The Enforcement Officer had a legal right to be seeking the debtor, so nothing criminal.  As Marston have appeared to reject your complaint you could contact CIVEA.   https://www.civea.co.uk/complaints
    • important – sometimes a default is good news! Defaults sound bad, right? So getting one removed must be good? This is probably the most confusing thing of all, but No! It can often be better to have a default on your credit record.  If there is a default against a debt, then the whole debt will “drop off” your file after six years, even if you haven’t repaid the debt. With no default, the record will not go away until six years after it is marked as settled/satisfied in some way. So don’t rush into trying to get a default removed… and never try to get a default date changed to a later one because it will wreck your credit record for longer
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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

Unreported Crash Damage by Dealer


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Hi all,

 

First post of this new account as my old CAG account from several years ago died :(

 

So I have this issue now with my Nissan Juke bought from a dealership last year.  Please bear with me as I am just going to throw all details in this post.

 

Nissan Juke 2011

Tekna DIG-T

23000 mileage

 

Purchased the car August 2018 and when summer 2019 hit, I discovered that the AC wasn't working (auto climate control); didn't detect issue because previous months were cold.  I've been looking at claiming AC repair through AutoGuard and eventually found a reputable garage in Croydon and booked asap as my warranty expires 07/11.

 

The garage looked at the AC issue and eventually discovered that the 'Evapolator' (AC evaporator unit) had developed a leak.  Also advised me that the pollen filter was caked and possibly blocked the AC flow etc. Commented that the car appeared neglected or sat for extended time.  Total bill: £1900 :(.  The engine however, is solid so far which is a relief.

 

But the disturbing part (and the main reason for this post) is that, while getting the bumper off he found several indicators of existing crash damage (images below)Now, I have not been in a crash at all, so I realised this came from the dealer or previous owner and was due to an unreported collision.  This was not reported to me and the car is not under a CAT listing.  The dealer ensures that the car is checked before sale and came with a warranty etc.  I called the dealer and he appeared surprised and advised they wouldn't sell a damaged vehicle.  I was waiting for a report from the Garage who kindly took pictures and gave a description of the issues caused by the damage (added below), the dealer asked for a copy of this evidence which I will send shortly.

 

My question is; in the opinion of CAG members, what would be the most appropriate course of action?  I understand that I should attempt remediation with the dealer and then ombudsman if we can't agree etc.  But I am also keenly aware it has been a year and that may affect any claim by me.  But I couldn't have known about the damage until a professional spotted it and therefore I've reported this to the dealer at the first opportunity I've been made aware.  The mechanic did comment that the force required to crush panels on the chassis crossmember would have written off the bumper, so this has been repaired (badly) with a replaced bumper and he also commented that the repair job was poor at best, with parts left hanging such as the intercooler which should be held up by the crossmember etc.

 

I've been advised by family members that I should demand a refund as I was mis-sold the vehicle based on unreported structural damage.  I wanted to get the opinion of CAG people as I've always valued the advice here.

 

Please ask any questions, I'll be monitoring this tonight as I intend to send the dealer an email soon.

 

Thank you for your time and potential responses :)

 

 

Mechanic description/photos of crash damage

 

AC hose damaged by intercooler chaffing against it but not leaking

AC hose damaged by intercooler chaffing against it but not leaking.JPG

 

Intercooler not in brackets & chaffing on AC hose

Intercooler not in brackets & chaffing on AC hose (1).JPG

 

Intercooler not seated in brackets & bracket squashed from impact damage

Intercooler not seated in brackets & bracket squeshed from impact damage.JPG

 

Lower cross member and n/s chassis leg damaged

Lower cross member and n_s chassis leg damaged.JPG

 

N/S chassis & cross member damaged

N_S chassis & cross member damaged.JPG

 

N/S fog lamp casing cracked

N_S fog lamp casing cracked.JPG

 

N/S transmission cooler insecure

N_S transmission cooler insecure.JPG

 

Radiator N/S lower mounting damage

Radiator lower N_S bracket damaged and radiator not correctly fitted - location lug broken.JPG

 

Radiator lower N/S bracket damaged and radiator not correctly fitted - location lug broken

Radiator N_S lower mounting damage.JPG

 

Edited by Casshern
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Emailed the dealer with the pictures above, expressing my concern over being sold a car with unreported crash damage.  Response was that the owner will need to make a decision and will be back on Wednesday 6th November.

 

Let's see...

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  • 2 weeks later...

Hi,

 

Do you have an update on this? Curious to know what they said. 

 

I may be in a similar situation, 5 year old car has signs of crash damage, although yet to inspect it properly. 

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I didn't get a response for a while, but turns out the chap was away. Here's the latest response:

 

"Sorry I have been off for the last week, I will chase this up on Monday, I placed in in the hands of our Law firm as they are experienced in these matters" 

 

I'll give them a bit longer although Monday has just passed. 

Edited by Casshern
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  • 5 weeks later...

I had a response from the legal team directly.  I've attached the letter; but essentially they are insinuating that I caused the damage myself and/or being dishonest.  Now, whether they sold this to me knowing about the damage or not, I truly believe they failed their due-diligence in ensuring the car's integrity.  An MOT inspection will not look at the space behind the front bumper so that is a moot point.  Also, as the mechanic also pointed out, the front bumper must be a replacement as the impact force required to damage the crossmember would permanently destroy the bumper. 

 

So according to this legal team's logic, I crashed the car, bought a new bumper, made shoddy repairs to the crossmember (leaving everything dangling inside) and then contacted the dealer claiming ignorance... I'm blown away at the arrogance/audacity of this (end of rant).

 

I sent an email to the contact at the dealer expressing my views about the attempt to rebound responsibility onto me.  I've added the gmail history and most recent correspondence.

 

I am going to seek advice on this, but wanted to see if any CAGers have experience or advice on these matters?  Anything would help.

 

Thank you so much for reading.

CarLegalLetter.pdf Gmail - Vehicle accident damage.pdf

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