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    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi @BankFodder I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.  It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. So when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.  Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
    • Hi What they have asked in what you have highlighted isn't unusual at all as Councils have numerous different departments that deal with specific different areas within that council. So if what you are asking in your DSAR is say specific to Housing Benefit, Council Tax Benefit, Planning Permission etc then just let them know that specific area. On the other hand if you want every bit of DATA they hold on you then simply tell then ALL DATA they hold on you it's them up to then to go through all depts to check for it. 
    • A growing number of couples are booking a content creators to capture their special day.View the full article
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cargiant returns policy


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Hi All, 

 

I am about to buy a car with Cargiant outright (Mercedes A class 2017) but when I test drove the car I heard a noise that seemed concerning. I agreed to buy the car dependent on if that issue was fixed. I have since spoken to halfords to arrange a full health check (if I go ahead and buy) and they told me that I should be covered under 30 days to return the car (consumer goods act). I called Cargiant and they said categorically that is not true and they do not offer refunds under ANY circumstances. surely this cannot be true?! are there instances where people take cargiant to a small claims court and lose the case?

 

I am very nervous about buying this car now and I am wondering if I should just buy with Mercedes themselves (although I cannot afford this right now). 

 

My current plan is:

- buy the car outright, assuming they have fixed the issue

- buy the warranty that comes with the car (covering all mechanical and electrical faults for 3 years at £900)

- take it to halfords for a full health check

- do a major service at halfords if the health check is fine

 

is this okay? I have only paid cargiant £200 as of now for a deposit which I can claim back if they fix the root cause of the noise issue.

 

I am unsure what to do as I dont know anything about cars and have no one in my life that is very car-savvy! 

 

would appreciate any help!

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If the car is apparently fixed and then a defect manifests itself within the first 30 days, then you are entitled to reject the vehicle for a full refund .

 

However, I would be careful about dealing with a dealer which even before they have made the sale is apparently dishonoring there to my obligations towards you .

 

 

So, how do you know that it will be properly repaired? And how do you know it's the only fault ?

It seems to me that you have had a good warning about them and if you disregard it, then you may only have yourself to blame.

 

 

 

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Forget the warranty.. burn the money instead..more use 

 

Dx

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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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Never buy a car from Car Giant, all clocked million milers and a terrible reputation, did you not look at any reviews before you decided?

 

Run away now, get your £200 back (if you can)  and think yourself lucky you didn't get stung for a lot of money for a worn out pile of rubbish.

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I have decided to get a comprehensive inspection by RAC before I buy it.. that should limit the issues I have I assume! I have checked the MOT certificates online and the mileage doesnt seem to have discrepancies.. 

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22 hours ago, yonce1245 said:

- buy the car outright, assuming they have fixed the issue

- buy the warranty that comes with the car (covering all mechanical and electrical faults for 3 years at £900)

 

Yonce, an important point you need to understand about these 'warranties' are that they inevitably exclude anything subject to wear and tear, and that includes all the parts quite likely to go wrong. For example, you might imagine buying their warranty will protect you against a slipping clutch, a noisy gearbox, clunking suspension etc, but it won't, because they will say that such parts are subject to wear and tear in ordinary use, and in buying a car that's 5 years old you must expect wear and tear to have occurred. Sticking the knife in doesn't end there though, because the small print of your 'warranty' will also tell you that you're liable for the cost of diagnostics (electronic or mechanical) if the problem is found to be attributable to wear and tear.

In other words, DX is right, these warranties are entirely pointless. You are far better saving the money and, if need be, rely on your consumer rights, which the good people here will help you to enforce if need be.

A good piece of advice to take on board though is to make sure you don't get carried away in the excitement of a new car. They're not gold dust, there will be others the same out there, and if you're seeing issues before you even take delivery, I think you should consider what you're doing very carefully.

Edited by theberengersniper
Put body text in quote by mistake.
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Thank you for your advice everyone!

 

I have decided the following:

1) not to get the servicing and warranty from cargiant

2) subject to a CLEAN/adequate report from the RAC inspection, buy the car (since cargiant have said they have fixed the initial issue I was worried about)

 

I think the issue I have is there are literally zero reliable car dealers out there. I was considering buying a car £3k more from a Mercedes Benz dealer and found a discrepancy in the mileage on the MOT info online vs the actual mileage the car is showing. I think buying from a "reputable" dealer is nonsense, as even the most OFFICIAL dealers that you pay a premium for, can turn out to be just as useless as the cheap assembly line dealers. Assuming there is nothing wrong with the car (unlikely), I think its a great deal..

 

I will update on here once I get the RAC report, with cargiants response. 

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