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    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Car Quay Porsche Mis described


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1 hour ago, Manxman in exile said:

As BF says it won't cost your son anything for him to do a SAR.  Are you expecting to find anything in particular?  I'm not sure what the mis-handling is?  CarQuay wrote to your finance company (technically the car's owner) to inform them that you'd had work done to the car without CarQuay's permission.  As CarQuay probably had reason to believe there was some dispute between them and you over the condition of the car when it was sold, I'm not sure they've done anything wrong.

 

(I think we're in danger of being diverted again.  As BF has said you and your son need to decide what you want to get out of this.  Then you need to organise your arguments and evidence and negotiate with CarQuay.  Is CarQuay aware that you don't necessarily want them to pay for some of the work you've already had done, or are they under the impression you want them to pay for everything?  I'm wondering if a simple misunderstanding is contributing to this).

I Have mentioned this on numerous occasions to Carqauy that Im not seeking re payment, it does seem to fall on deaf ears for some reason

 

Regarding the GDPR at no point have I or my son given authorisation oaf any kind to allow Carquay to discuss anything with the finance company in relation to myself my son or the contract

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The GDPR issue is irrelevant. What you hope to gain by bringing it up? You are simply going to add further complications to an already complicated situation. Let it go and stick to the main problem.

Frankly I'm just trying to help you get the best possible outcome in something which has been completely botched – and I'm afraid it's mainly because the way you have handled it.

I think because of this you then have to cut your losses to a certain extent. You are obviously prepared to do this and you are prepared to forego the question of the modifications. Suddenly you are bringing it up again – and I have no idea why.

I think the question of the roadworthiness of the car – as long as you have got good evidence that it was roadworthy is a winning argument and frankly I would leave it there if you can get the money for that without litigation then that will be excellent. If you need to litigate on it then you will be going for pretty well £3000 and I rate your chances of winning as being pretty high – better than 80% – although once again, you haven't helped yourself by not informing people and also because of the confusion as to whether or not you knew about the defect, who the contract was with – et cetera and all of these points are very likely to be raised before a judge which of course will help to undermine your position. My best advice to you is to leave it all alone and stick to the roadworthiness and bite the bullet on the rest.

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Here is the latest E Mail just landed from Carquay, we have checked our files and can confirm we know nothing about Evolution Funding, our contract is with a different finance company, so from the previous E Mail correspondence the dealer has been speeking with an un known finance company about our details??.......breach of GDPR

 

Quote

 

Nick

I have discussed the actions taken prior to lockdown to look at some issues you reported on the Porsche.

I explained our efforts to both look at, diagnose and then rectify any safety related issues on the vehicle.

I explained you took the decision to take the vehicle back prior to lockdown.

I explained you have gone and spent lots of money on your car and then presented me with a bill.

I explained a goodwill gesture has been made.

I explained your son owns the car and financed the vehicle but his father (you) keeps messaging me regarding the problems.

Your sons finance was organised through Evolution Funding, all the details will be on there.

I will await contact from the lender in due course and no longer wish to discuss this situation with yourself Nick, seeing as how you don’t own the vehicle and aren’t our customer, your son is.

If your son wants to get in touch I’ll happily talk to him as he owns the car.

Many thanks

jamie

 

 

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I've told you that you will be best off leaving GDPR alone. I think I can say now that I don't think that we will be prepared to give you any support on this issue.

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Just now, BankFodder said:

I've told you that you will be best off leaving GDPR alone. I think I can say now that I don't think that we will be prepared to give you any support on this issue.

crossed messages, Ok Fair enough BF, I thought I would mention it 

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3 minutes ago, BankFodder said:

The GDPR issue is irrelevant. What you hope to gain by bringing it up? You are simply going to add further complications to an already complicated situation. Let it go and stick to the main problem.

Frankly I'm just trying to help you get the best possible outcome in something which has been completely botched – and I'm afraid it's mainly because the way you have handled it.

I think because of this you then have to cut your losses to a certain extent. You are obviously prepared to do this and you are prepared to forego the question of the modifications. Suddenly you are bringing it up again – and I have no idea why.

I think the question of the roadworthiness of the car – as long as you have got good evidence that it was roadworthy is a winning argument and frankly I would leave it there if you can get the money for that without litigation then that will be excellent. If you need to litigate on it then you will be going for pretty well £3000 and I rate your chances of winning as being pretty high – better than 80% – although once again, you haven't helped yourself by not informing people and also because of the confusion as to whether or not you knew about the defect, who the contract was with – et cetera and all of these points are very likely to be raised before a judge which of course will help to undermine your position. My best advice to you is to leave it all alone and stick to the roadworthiness and bite the bullet on the rest.

I know BF and I cant thank you enough seriously, you are the professionals.......and I abide by your knowledge and guidance

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6 minutes ago, BankFodder said:

The GDPR issue is irrelevant. What you hope to gain by bringing it up? You are simply going to add further complications to an already complicated situation. Let it go and stick to the main problem.

Frankly I'm just trying to help you get the best possible outcome in something which has been completely botched – and I'm afraid it's mainly because the way you have handled it.

I think because of this you then have to cut your losses to a certain extent. You are obviously prepared to do this and you are prepared to forego the question of the modifications. Suddenly you are bringing it up again – and I have no idea why.

I think the question of the roadworthiness of the car – as long as you have got good evidence that it was roadworthy is a winning argument and frankly I would leave it there if you can get the money for that without litigation then that will be excellent. If you need to litigate on it then you will be going for pretty well £3000 and I rate your chances of winning as being pretty high – better than 80% – although once again, you haven't helped yourself by not informing people and also because of the confusion as to whether or not you knew about the defect, who the contract was with – et cetera and all of these points are very likely to be raised before a judge which of course will help to undermine your position. My best advice to you is to leave it all alone and stick to the roadworthiness and bite the bullet on the rest.

I appreciate the fact ive not helped myself, but I have not asked for money for the work carried out, the fact I mentioned it was to lend weight and illustrate, but there wasn't a demand for money already spent

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You draft something and post it up. I suggested what the letter should contain.

Don't forget that if this does go to court – which it could well do – you will have to deal with it in a competent way

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2 hours ago, BankFodder said:

You draft something and post it up. I suggested what the letter should contain.

Don't forget that if this does go to court – which it could well do – you will have to deal with it in a competent way

Hi BF, yes I appreciate my post at times are a bit messy, I am now disabled and suffer from a mental illness....so I must apologise if my posts are not to good 

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