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    • Just because criteria won't agreed in writing, doesn't mean that there are criteria and they are not to be implied into the contract. As I've said, you have to give your contracting partner reasonable opportunity to complete their side of the bargain. If you employ a builder to build a wall and they start work, then you have to give them a reasonable opportunity to complete. Here you have an agent who apparently has found a tenant and the tenant has satisfied the reference requirements. You keep on saying that they were transparent – but you haven't told us what that means and the most important thing is that you might have to explain that to a judge. I'm afraid so far the impression one gets is that you are simply trying to escape a commitment – even if it is for the best of reasons. I see that you disagree with me. Well that's fine. It's not me that decides the outcome. I think that you are in difficult terrain in respect of your first grounds of objecting. I think that the unfair terms provisions are far more useful to you and are likely to have some success. Once again, your only answer to this is that a tenancy contract haven't actually been signed. Once again I say to you that all of the practical conditions for the contract to go ahead had been satisfied but on your hunch you then prevented the agent from completing their side of the bargain. I think that you are going to have to find a reasonable settlement. I don't think it will be very much – but you are certainly going to have to find a reasonable settlement – and if the agent objected, as well they might, at least you can then demonstrate to a court that you at least have attempted to act fairly and it is simply the agent who is being unfair. I don't think it would be too good for you if a judge came to the conclusion that the agent was trying to cheat you – but you also were trying to cheat them, for whatever reason. I don't thing I can say anything more  
    • Well I think it would be prudent to check them. I found several warranty details for your make of laptop but not UK. Surprisingly, they only say that they will repair defective parts and there is nothing as to what happens if the unit is not repairable. I suppose that being Acer, they have access to all the parts needed – in principle – and they reckon they can repair anything. Double check and see if you can get access to the warranty. Also, you need to decide whether you are prepared to issue a small claim. If you never done it before then read around this forum about how to take a small claim in the County Court. It's quite straightforward but you need to know the steps in advance. Once again, don't expect this to be sorted out by 18 December. I expect that you won't even have it sorted out by February – unless they suddenly react once they receive the court papers and move themselves. Of course you could say that by February the thing will be repaired anyway – but actually you don't know that. It could go on very much longer and at the moment I think you are being led around by the nose
    • As far as I remember and by looking at the receipt, it was already included in the price of the laptop.    Regarding the terms and conditions, I have no idea where to look for them. I might ask my mum to see if there is a mini book that came with the laptop and might contain the terms and conditions
    • But there were exceptional circumstance involved, they must count for something 
    • £1300 is fine. Don't worry about it. Don't worry about the disclaimer. It has no effect. They are trying to introduce a new term into a contract which has already been made. It has no relevance. Even if a certain delay was acceptable, the fact that they have already had your computer for three months and they are now effectively suggesting a further two months that is five months which amounts to about 20% of your period of ownership – is not acceptable. What I'd like to know – and I think is quite important – is what they say in their warranty if the computer is beyond repair. I'm assuming that you are prepared to bring a small claim against them – and that is what we will propose that they fall back on that term – especially if the term proposes that they supply you with a replacement. This would then avoid the problem for you that you would have to accept only a proportion of the purchase price. If you're not prepared to sue them – then frankly there's nothing you can do. If you are prepared to issue a small claim then your chances of success are better than 90%. The risk you if you lose is that you lose your claim fee. If you win then you will recover all of your losses. If you want to start a small claim that we will help you all the way but it will assist enormously if you can find the terms and conditions of the warranty. Have a look at their website and you may find references to it there or at the Currys website. Did you pay for this warranty or was it simply included as part of the purchase price? If you paid, then who did you pay? Did you pay Acer or did you pay Currys?  
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terrible service from garage.


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It's not necessary to see an invoice.

You will have to figure out how much you paid for the installation part of the work which was carried out – because that is what you want to claim back. If it's not clear what proportion of the bill was in respect of the installation, then you will probably need to get some outside opinions – independent opinions – as to the cost of an installation. It would be better to understate the value then overstate it – because if the cost is not clear then that could become the subject of a dispute if you take this to court.

You will be better off identifying an amount of money which you could reasonably attribute to the cost of installing the new turbo – and which will be supported by independent evidence – and which will be accepted without much question from the judge.

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Ok. On the invoice I'm quite sure they've stated 5 hours labour for installation. So I'll go with that amount. 

 

I'll tweak this template I have later and show you asap. Thank you for your time.

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"Quite sure" suggests that you're not completely sure and that you are guessing to the best of your recollection.

Don't.

Be sure.

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21 Upper bridge road, chelmsford, CM2 0AY

Roadstar LTD, new writtle street, chelmsford, CM2 0LF

Dear Jon sharply 

Reference: Faulty turbo installation

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

 

At the end of 2019 I asked you to check my vehicle for problems. After leaving my vehicle with you at your request, you could not find any problems and told me to take it to ford. Ford provided a list of problems, one of which was that the turbo had stopped working. I asked you to replace it. Immediately Upon receiving my vehicle back, a high pitched screaming emitted from the engine area. You sent the mechanic who fitted the turbo out on a drive with me and he told me to my face he could not hear the high pitched screaming coming from my engine. I emailed you to ask what was going to happen and you completely ignored me. I called you and you told me it was nothing to do with you and not your problem.

 

From you I am claiming: £480 for 5 hours turbo installation

 

I have calculated this sum: From the amount stated on your invoice.

 

Listed below are the documents on which I intend to rely in my claim against you:

Invoice from an independent garage who repaired the faulty work you’ve done

 

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

[List any documents you want from the party you are claiming from]

 

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. (NOT SURE ABOUT THIS?)

 

I would invite you to put forward any proposals in this regard. 

 

[Alternatively you can set out details of any ADR scheme that you would be prepared to use]

 

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. 

I look forward to hearing from you within the next 28 days. 

 

Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully,

 

 

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hello. ive had to copy and paste this as i can seem to use word - it didn't look like this before i pasted it. Am i on the right track?

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5 hours ago, gavino76 said:

hello. ive had to copy and paste this as i can seem to use word - it didn't look like this before i pasted it. Am i on the right track?

 

sorted for you

 

dx

 

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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The letter has far too much in it – some of it is not relevant – and apart from anything else, if he didn't comply with the various things that you are saying, you wouldn't know what to do about it.

The best thing to do is to keep it simple.

 

Quote

Dear XXX

On XX date I left my vehicle registration XXX to investigate for certain problems. You reported that you were unable to find anything wrong. You recommended that I take it to a Ford dealership.

The Ford dealership reported that amongst other things the turbo had ceased to function – which you had not discovered.

I returned the vehicle to you and asked you to replace the turbo. You did so and charged me for the turbo £XXX and also £XXX Labour for installation.

Within a short time the turbo unit started to make serious noises but when I telephoned you about it you told me that it was not your problem and that you wouldn't do anything about it.

I have since had to take the car to a another repairer who discovered that the turbocharger had been incorrectly installed. They were obliged to remove it and reinstall it correctly and it is now working satisfactorily.

This means that I have unnecessary paid you £XXX for the installation of the turbo.

I require the refund of this money.

I have tried to engage with you on this but you have declined to become involved.

If I do not receive a full refund within 14 days that I will sue you in the County Court and without any further notice.

Yours sincerely
 

 

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I hope you won't mind me saying that when you draft letters or documents, you should be using words and phrases that you understand and that you understand the impact of – and in that way you will be confident and in control. If you simply cut-and-paste stuff from other sources that you don't really know what they mean, then it will look as if you are making up as you go along – and you will never have confidence in what you do.

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Thanks. Yes you're right. It was a template on which? I thought there was certain things that had to be said.

 

Ok so I'll add my details, and send by recorded post?

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If you don't understand what you're saying then don't say it.

 

Yes recorded post is a good idea

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Dear jon

In December 2019 I left you my vehicle to investigate for certain problems. You reported that you were unable to find anything wrong. You recommended that I take it to a Ford dealership.

The Ford dealership reported that amongst other things the turbo had ceased to function – which you had not discovered.

I returned the vehicle to you and ask you to replace the turbo. You did so and charged me £742.50 for the turbo and also £480 Labour for installation.

Immediately after i drove it away from you the turbo unit started to make serious noises but when I telephoned you about it you told me that it was not your problem and that you wouldn't do anything about it.

I have since had to take the car to a another garage who discovered that the turbo had been incorrectly installed, They were obliged to remove it and reinstall it correctly and it is now working satisfactorily.

This means that I have unnecessary paid you £480 for the installation of the turbo.

I require the refund of this money.

I have tried to engage with you on this but you have declined to become involved.

If I do not receive a full refund within 14 days that I will sue you in the County Court and without any further notice.

Yours sincerely
 

gavin 
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Head office might be best

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