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    • Hi -I bought a £500 bike on EBay from a private seller - listing stated “collection in person only” but after asking he agreed to post it - I bought a Hermes label using Parcel2Go, filled out all mine and seller’s details, and sent it to him. All he had to do was to stick it on the box and wait for courier to collect  - on the day of collection I received an email that “courier wasn’t able to collect the parcel” (seller assured me no one showed up for it as he’s been waiting) - same thing happened the next day. I knew Hermes tried to collect x3 and didn’t want to miss the third attempt so I asked the seller if he could drop in off and the nearest parcel drop off point.  He agreed and dropped it off. - Few days later the parcel arrived empty. It was half opened. I opened it in courier’s presence only to find bubble wrap and empty cardboard box. I asked him if there is a report we should fill out in situations like that. He said there wasn’t and that this is how he collected it from the local depot. He handed me blue card with a phone number to text ( texted 3 times heard nothing back) I took photos of the box (with courier in the background and said I don’t accept it because it’s been robbed) - I contacted the seller. He informed police about it so he could get cctv video from the parcel drop off point proving the box was heavy and needed two people to carry it.  -I informed police on my end hoping they could take a statement from the courier who delivered the box. They listened to my story but weren’t too bothered. They said I’ll get my money back if I paid with PayPal. - I got my money back. - police said I’m no longer at financial loss so to them the case is closed. - I want to fight with Hermes and P2G to get the £500 back from them so I can give it back to the seller. I’m convicted he sent the bike. He showed me the package before sending, we are in ongoing contact. He got the cctv footage etc. I feel horrible because it was me who chose the courier and it was me who asked him to post it, and now he has no bike and no money.  - I contacted P2G on live chat (since there’s no possible way to contact Hermes). They said to allow them 14 days for investigation. They were supposed to check cctv from depots and weighting points to see where the parcel went down from 15kg to nearly 1kg - after 14 days I contacted them again only to be told that Hermes hasn’t provided any information and now an automatic claim has been opened. - I provided all documents they asked for and now I’m waiting for the outcome but I already got email saying I can only count for £20 since I haven’t opted for extra protection. I haven’t paid for extra protection since stealing is illegal no matter for paying extra or not. I figured they won’t loose my parcel since it was a huge box and was ready to risk the damage. The point here is that they haven’t damaged it or lost it- It Has been delivered- Robbed.  - I’ve got all the chat scripts, emails between me and the seller, listing details, crime/ incident number/ photos of empty box delivered, photos of seller dropping it of, photos of the parcel before sending etc. I also have time and will to take them to court and open small claim. I think I might qualify for the cost relief too.  My main question here is - Do I, as a person who bought the servis and haven’t received the item can open the small claim against Hermes and/or P2G. Can I do it even though I’m no longer at “financial loss” (since PayPal refunded me). Do I need to tell them that at all?    I hate this whole situation and hate the fact that I can’t afford to give the seller his money back and be at loss too. It was a used bike, a gift for my daughter’s 10th birthday. I don’t want the time to ease my anger and forget about it because at the other end of this, there’s an honest guy who did everything he could send me that bike.    I know there are other posts that are almost the same as this one. Please can you just read through it and say what rights do I have to ask them for money back if I already got them from PayPal. 
    • I definitely have photos somewhere, but as yet, I’ve not recovered them.
    • you dont file anything specific when filing a defence for a speculative invoice    1000's of PCN claimform threads here to read if you are that worried this early.   use our search in the top red banner....    
    • Sorry what I meant was should it go to court should I include all the above in my defence? is it all worth mentioning or should I just go with they have me in the wrong place
    • ^^^   so proceeding as a std court case now..... exchange of witness statement next but await the n157 with the details you don't need to contact lowells no.   as for this £200 payment , if it was for this card debt sold to lowells then yes they would fwd it, lloyds no longer owned it, but im still very puzzled where it came from, who made it, and was it supposed to pay this mystery credit card debt in the 1st place  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
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    • 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
      • 33 replies

Problems with Car purchased from Fast Motor Finance Ltd - and Advantage Finance


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Hi I am helping my son in law that has purchased a 13 plate Ford Kuga Diesel Automatic in September.

 

The automatic gearbox has now making a bad noise whilst driving,

the garage gave a 3 month guarantee

 

the warranty company have had a independent mechanic check the car over and have put it down to wear and tear and not covered by the warranty.

He has asked for a copy of the full report of his findings.

 

After doing some investigating it seems that these gearboxes must be serviced every 35,000 miles.

It was done at 35 & 70 k but not for 105k and the car has now done over 110k

, if they are not serviced they nearly always fail needing a new gearbox

 

 

The garage, warranty and the finance company don't want to help,

so he is still paying for a car that he can't use and both he and my daughter are key workers and need a reliable car to get to work.

 

Thanks

 

JJ

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Hi.   Is it these people?   https://www.fastmotorfinance.co.uk/used-cars   HB

Just had a email from the Customer Service Advisor saying that 'When an independent report is completed Advantage Finance are not required to provide the full report to the customer and is provided at

The standard that is expected under the consumer rights act is that the car be of satisfactory quality in the opinion of a reasonable person – this is always taken to mean an ordinary person who doesn

it belongs to the finance company

 

stuff any stupid warranties or guarantees they are worthless and never worth the paper they are written upon

 

under the consumer rights act he is entitled to it being repaired by the finance co.

who is?

 

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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... and also who's the garage?

As indicated by my site in colleague above, you have very solid rights here and you are being taken for a ride by the garage and also by the finance company. Let us have all the details and we will help you. It won't be a problem although it will take a little effort

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Thank you. It might be helpful if he started going on to here directly and it would take the load off you

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The car was purchased on the 8th September this year.

 

The finance company is Advantage Finance LTD

 

Present mileage is 111,103, they have done less than 2,000 since picking it up

 

The gearbox started to have trouble changing gear and making noises at the start of the month.

 

Reported the problem to Advantage Finance and they advised taking to VAT registered garage and get them to do a report which was done on the 9th November.

The garage reported that the gearbox would need a full service but could not guarantee this would resolve the problem due to the mileage.

The warranty company got their own mechanic do their own report last week and they have put it down as normal wear and tear.

 

Spoke to the garage on numerous times and they wont help saying it is over 30 days and wont be covered by the warranty.

 

The finance company have been a complete nightmare trying to get anyone to help or take responsibility.

 

The car is now sitting at a garage, the finance company have advised him not to drive it until the work has been done, but the gearbox service will be around £500 with no guarantee that this will work.

 

 

I have advised them to keep on paying the finance company.

 

But just don't know the best way to go from here.

 

Thanks again

 

JJ 

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You haven't told us to the garage is. Any special reason for that?

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advantage finance should be paying for it all

 

they have one chance to repair, if it doesn't work you advise them you will exercise your right to reject the goods under CRA unfit for purpose as the fault is within 6mts.

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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I forgot to ask you how much did you pay for it?

You don't need to worry about the warranties. They are simply a red herring to divert you from your true rights.

The garage probably knows this and the finance company certainly knows this and they are trying to rip you off.

Under the consumer rights act, if a material defect manifests itself within the first 30 days then you have an automatic right to reject the vehicle. If a defect manifests itself within the first six months then you have the right to insist on a repair and if the repair fails then you are entitled to a refund.

Although all vehicles are subject to fair wear and tear – if the service history shows that an important service was missed out and this was not disclosed to you at the time of purchase, then the vehicle is defective.

You are protected under the finance agreement by section 75 of the consumer credit act so that makes the finance company responsible. The garage is also responsible to you under the consumer rights act.

I think you should start to be very assertive. You clearly need this vehicle quite urgently – although let me warn you that if they don't comply, then I'm afraid it will probably take two or three months at least before you get your money back.

Could you just clarify that the missing service history wasn't brought your attention at the time you bought the vehicle

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I should also say that as you are going to have to take some rapid and assertive action, I'm troubled by the fact that you seem to be doing this on behalf of your son-in-law but if you threaten court proceedings – which you will probably have to – and if you then have to go on to issue the claim – as you may well have to do, it will be your son-in-law's name on the letter of claim, on the court papers and it will be your son-in-law who will then have to put his case before a mediator and possibly in court.

I really don't see any risk of you losing the case here but on the other hand it will have to be driven with a certain amount of ambition in order to push back at a garage and a finance company that clearly doesn't want to step up to its obligations to you under the consumer credit act.

Is this going to cause any problems?

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Hi Bank Fodder, forgot to say that the car had full service history with all bills etc apart from one.

We have all paper work with gearbox service etc, but in the book there was a service stamp on 100,000 miles from the same garage that all the work was done before.

 

We emailed them and they were not able to send us a full break down of all the work that was done due to data protection, but they did say the service that was done was the complete basic just oil change, funnily enough this paperwork is missing as it would of needed a gearbox service, this wasn't disclosed at the time.

 

They paid £7300 for the car.

 

DX thanks for clarifying what I thought about the one repair. 

 

I really appreciate your help with this and other matters.

 

JJ

 

I will get a letter drafted later, would it be best to send one to the garage and one to the finance company?

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I'm terribly sorry but you haven't addressed the question that I put to you in my earlier post. It really would be helpful if you could do this.

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  • BankFodder changed the title to Problems with Car purchased from Fast Motor Finance Ltd - and Advantage Finance

launch a section 75 claim to advantage ASAP IMHO

cut out the garage.

 

as usual advantage are utterly useless .....just like moneybarn 

 

 

 

 

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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Well at £7300, I think that any car should be able to run without any serious defect manifesting itself at least a couple of years.

This car clearly is not in satisfactory condition when it was bought.

Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know.

You have two targets. You can either sue the garage or you can sue the finance company. Somebody else on this forum in the past 2 or 3 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult.

I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure a judgement against them. Then if there is any difficulty enforcing the judgement, you can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair.

It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty.

It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure.

If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want.

You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it.

Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it

 

To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.

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12 minutes ago, dx100uk said:

launch a section 75 claim to advantage ASAP IMHO

cut out the garage.

 

as usual advantage are utterly useless .....just like moneybarn 

 

 

 

 

 

Yes is definitely an option – but I am rather concerned about the way that the other one went when they brought in Evershed's. It's still going on but I think it made it more worrying for the claimant.

The finance company will have the wherewithal to be able to make strategic delays

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Hi Dx & Bank Fodder,

 

I now have all the details here.

 

When they collected the car it had 109,520 miles on the clock and at the moment it has 111,103. So they have only done 1,500 miles 

The warranty is for 6 months from Autoprotect.

 

The finance company have sent an email saying they have sent all their findings and the report via post and closed his complaint and included a dead lock letter to take the matter up with the FOS.

 

I do think taking on the finance company is going to be hard, but I really don't think we will get much joy with the garage themselves.

 

JJ 

 

Hi Bank Fodder,

 

Sorry the finance was via HP and not a loan

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Was there a deposit paid?  possibly with a credit card?

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No deposit or part exchange were made

 

It was Cash Price: £7194.00

Finance: £5741.00

Comprising of:

Interest: £5216.00

Acceptance Fee: £325,00

Option to Purchase £200.00

Total Amount Payable: £12935,00

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well advantage can't wash their hands of it, it's their car.

and it's NOT wear and tear either

he's only done 1500mls in it!!

cheeky buggers

 

it looks like lots has already gone on before you've come here with this issue .....so scan up all the letters you've advised them to send already and the replies to them.

 

should of come here 1st before tackling this one...JJ

 

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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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If you scan up letters here by the way, please make sure that they are included in a single file multipage PDF. Please make sure they are all in the correct order, the right way round, and not simply minuscule photographs.

You can't imagine the kind of stuff that people put up here when they realise that they're not paying for the advice!

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