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    • This is my slightly amended WS taking on board your previous comments, any suggestions for amendments would be most appreciated.  Thank you for you time.   1.        I am the Defendant in this matter. 2.        The facts in this statement come from my personal knowledge. 3.        I became aware of original Judgement following a routine credit check on or around 14th September 2020. 4.        The alleged Letter of Claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address. 5.        The Judgement debt was not familiar to me so I began investigations to ascertain what the debt related to and how such a figure had been equated in any event. 6.        I made immediate contact with the Court, the Claimant Solicitors and the Claimants thereafter, asking them to provide me with a copy of the original loan agreement but this was not provided to me.  7.        I sent a Data Subject access Request to Barclays but no agreement was provided – See appendix 1 which details the timeline of communication between myself and Barclaycard as well as copies of correspondence between us. 8.        I do not admit to entering an agreement with Barclaycard in 2000. 9.       The claimant has failed to comply with the additional directions ordered by District Judge Davis and therefore this claim should be automatically struck out.  10.    The claimants have failed to disclose a true executed copy of the original agreement they refer to within the particulars of this claim. They are not entitled to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974 12.   The reconstituted standard Barclaycard agreement that the claimant has included in the court bundle does not satisfy any CCA request and so the claimant is and remains in default of my CCA request and therefore unable to enforce the alleged agreement. 13.  The claimants have failed to provide proof the assignment, such as a deed of assignment. 14.  The claimant has failed to provide a statement of account setting out how the alleged debt accrued under that agreement 15.   Despite numerous requests to the claimant, I have still not seen any evidence, such as an original agreement or deed of assignment, that substantiates the claimant’s assertion that I owe the debt to the claimant, nor evidence of how the debt was accrued. 16.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
    • A set aside application costs £275 which is more than the judgement so not worth it. Not that they would grant a set aside anyway.  Set asides are granted, for example, to people who moved and didn't get the court papers, so have a genuine reason for not defending.  Forgetting doesn't count. Your only choices are to pay up within 30 days, or defy the court and not pay.  If the latter, we've never seen a PPC enforce judgement for a single ticket, ever, you would get away without paying - but you would have a CCJ and a knackered credit file for six years.
    • oh no just logged in and it says a judgment was issued literally 2 hours ago! see attached Screenshot 2024-04-29 214754.pdf
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National Tyres/Autocare - Faulty Repair on vehicle - want to give me the vehicle back - no time to fix it


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Hi Caggers, 

 

I am looking for some help in a dispute I am in with my local garage after a breakdown.  I have written the below complaint letter but have not yet submitted it.  

 

This company are now owned by Halfords.  

 

They are not members of any Trade Association (i.e. the Motor Ombudsman or the Retail Motor Industry Federation).  I will shortly have to give my hire car back and collect a vehicle which is defective and undriveable.  I imagine I will then have to take it to the Manufacturer (i.e. Nissan/Citroën) and pay huge costs for a hire card whilst the work is remedied by them.  

 

To whom it may concern 

 

RE: Consumer Rights Act 2015 Formal Complaint

 

This is a formal complaint in relation to the diagnosis and repair of my vehicle [details omitted] at the Bridgend National Auto Tyre Centre (146-NTA). 

 

On 20/03/23, at 00:30 hours, I was driving along the M4 Motorway, in a Westbound direction, when I noticed my yellow engine management warning light appear and the engine temperature gauge rising towards the red.  As a result, I immediately pulled over onto the hard shoulder, stopped and turned off the engine. Immediately, the Engine Temperature Gauge (ETG) then returned to normal and the yellow Engine Management Light disappeared.  However, as I exited the off slip road at Junction 36, the Engine Temperature Gauge (ETG) again began to rise towards the red.  I was able to get the vehicle home.  I called the RAC out for Home Breakdown Assistance.  The RAC arrived around midday.  Upon there arrival they were unable to provide any specific diagnosis at the roadside, and hypothesised that the problem was likely to be either the Water Pump, Coolant Reservoir, a leaky pip, or the Oil Cooler. There was no coolant left in the coolant reservoir so the RAC Patrol topped this up for me.  They then advised me to take the vehicle to a garage for diagnosis and repair.  

 

At 13:00 hours that same day, I took my vehicle to the National Tyres and Autocare Bridgend Branch and explained the problem to the Manager (Ryan).  The breakdown was fully explained to Ryan and he was advised that there was a coolant leak, that the yellow Engine Management Light had illuminated and that immediately before the breakdown, my screen had completely fogged up.  I was asked to leave the vehicle with them so they could carry out an investigation into the problem.  Later that day I received a phone call from the Manager (Ryan) advising that the vehicle needed a new Oil Cooler.  Ryan stated that the Oil Cooler was only available as a manufactured part and would therefore be costly (£351.66). Along with this part, I was also informed I would need an Oil and Oil Filter change (£124.99) and coolant change (£39.99). The total quoted price for the job was £516.64. 

 

On 23/03/23 I attended at the Bridgend National Auto Tyre Centre to collect my vehicle. Due to the high cost of the repair of the vehicle I elected to pay via the Payment Assist Plan (4 monthly installments).  Having started the vehicle engine to drive out of the Garage, I immediately noticed the yellow Engine Management warning light was on.  I raised this with Ryan (Centre Manager) who apologised and said he would use an electronic diagnostic pad to diagnose the issue.  A few minutes later I was told that the yellow engine management warning light had been cleared and that this sometimes happens if water or oil gets into connectors after a job like the one I had done.  

 

I took the vehicle home and as I was off work, I didn’t need to use it until the evening of the following day (i.e. 24/03/23).  On the evening of 24/03/23 I took the vehicle for a test drive on the M4 Motorway, and having driven above 50mph, I immediately noticed the yellow Engine Management warning light illuminate.  I stopped the test drive and returned home.  

 

The following day (i.e. 25/03/23) I took the vehicle back to the Bridgend National Auto Tyre Centre.  I explained the same problem had occurred with the yellow Engine Management warning light illuminating again. Again, the garage apologised and said to leave the vehicle with them.  I reluctantly left the vehicle with the Garage for several hours and they later contacted me to tell me that the problem had been fixed.  When I arrived back at the garage they advised that it was water/oil that had got into a connector/plug and that they had cleaned the connector/pipe and the light had now gone off.  I was still not prepared to run the risk of breaking down on the side of the M4 Motorway again, so took my vehicle home.  

 

On 05/04/23, I was on my way to work, travelling eastbound along the M4 Motorway, when I again noticed the Engine Temperature Gauge (ETG) was rising towards the red range.  I immediately pulled over and stopped my car on the hard shoulder, and turned off the engine. Immediately, the Engine Temperature Gauge (ETG) then returned to normal.  I then checked the coolant level in the coolant reservoir and found this to be completely empty. Luckily, I had a small bottle of water in my boot, which I was able to use to fill up the coolant reservoir.  I could not take the risk of continuing my journey work in [location omitted], so I turned around at Junction 33 and drove straight to the garage in Bridgend. I again explained that my vehicle was experiencing the same issue (i.e. loss of coolant and the Engine Temperature Gauge rising near to the red zone).  Ryan again topped my coolant reservoir up and said it was likely that an airlock had occurred and that this was normal after an Oil Cooler repair.  I didn't want to take the risk of driving my car to work in [location omitted], so reluctantly cancelled my appointments and meetings and worked from home instead.  

 

On the afternoon of the 08/04/23 I was due to attend a family birthday party in [location omitted]. However, due to the ongoing issues with my vehicle, I was cautious about the drive, so checked my coolant reservoir, only to find it yet again empty.  I checked underneath my vehicle and noted a small puddle. I then drove the vehicle back to the garage and again left it with them. When I returned to the garage they stated they had done a pressure check which was holding and that they had tightened up a part on the vehicle. The garage then again topped up the coolant reservoir and told me that this would fix the leak and the problem.  However, due to the ongoing problems, I took the difficult decision to cancel attending, as I was concerned that I was going to breakdown on the side of the M4 Motorway again.  Having to miss this event caused me alarm and distress and this has been caused solely by the garage's failure to properly diagnose and repair my vehicle in the first instance.       

 

On the afternoon of 09/04/23, I was due to to drive to [location omitted], but I was once again cautious about the drive, so decided to check my coolant reservoir, only to find it yet again empty. I checked underneath my vehicle and noted a small puddle.  Once again I topped up my coolant reservoir and on 10/04/23 took my vehicle back to the garage.  I advised Ryan that I had been left with no choice but to raise a formal complaint, consider taking legal action, and leave a review of the garages service.  Ryan asked me not to do that and for the garage to be given one last chance to put the repair right.  I reluctantly agreed, stating that I required the original repair to be re-done or that I required for the vehicle to be taken to an alternative garage (preferably the manufacturer) for independent assessment and repair, and lastly that I required a refund for repairs that had not fixed the original problem they diagnosed.  I explained to Ryan that I would be happy to leave my vehicle with them for a prolonged period of time, so that they could actually make the required repairs.  However, I made it clear to Ryan that I could only leave the vehicle with them on the basis that they were able to provide a hire vehicle, in order for me to be able to commute to work on a daily basis.  Ryan agreed to do this and gave me a Kia Seed as a hire vehicle.  

 

I heard nothing from the garage for almost two weeks, when on the morning of the 21/04/23, Daniel (Assistant Manager) called me and left a voicemail message asking me to call him back.  I was unable to listen or return the call until the afternoon.  I called the garage and Ryan (Manager) answered the phone.  He advised me that it wasn't him who had called but was Daniel.  I asked to speak to Daniel, but he said that he was off until Monday, but had popped into the garage on his day off, so was able to call me.  Ryan then advised me that he would get Daniel to call me.  A short while later I received a phone call from a mobile number that I did not recognise.  I don't normally accept calls from either withheld numbers or numbers I don't recognise, but on this occasion I did.  I was surprised to find it was Daniel who said he was calling me on his personal mobile as he was on his day off.  Daniel advised me that the garage had found another fault, which was part of the reason why my vehicle had broken down.  However, the garage has failed to diagnose and fix this fault, but somehow weeks later you have now discovered part of what was the original fault.  To add insult to injury, Daniel has advised me that due to the amount of work required on the repair of this fault, the garage aren't going to be in a position to repair it and I've been advised that I will need to come and collect a faulty vehicle and take it to another garage.    

 

Firstly, I am extremely unhappy about employees of National Tyres and Autocare providing my personal mobile number to employees when they are not at work and then that employee calling me on his own personal mobile number [number omitted].  I consider this a breach of my data privacy and as such I believe that your company has committed a GDPR Data Protection breach, under the Data Protection Act 2018.  When I provided you with my address and personal mobile number, I did not consent to my number being passed to employees who were not in work or to an employee to use on their personal mobile phone.     

 

Secondly, I require you to fix all faults that either weren't repaired properly or weren't correctly found when you originally told me what the fault was.  If you do not wish to do this, which is what Daniel (Assistant Manager) is indicating, then you will be in breach of contract under the terms of the Consumer Rights Act.  In the event you are refusing to fix any faults that either weren't repaired properly or weren't correctly found when you carried out diagnosis on the vehicle, I will require you to take my vehicle to an alternative garage or to the vehicle manufacturer, at your cost.  During the interim period I will require a suitable legal and roadworthy vehicle so I can get to work.  

 

I reserve the right to bring this matter to the attention of The Motor Ombudsman (if your company has signed up to the Codes of Practice) and Trading Standards.  I reserve the right to report you to Trading Standards and leave a leave a proportionate review about your service on Trustpilot.  Finally, I also reserve the right to pursue a civil claim in the small claims court for breach of contract, negligence and breach of data protection. 

 

 

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ok look no -one is going to want to wade thru that long post .

 

just put up a few BRief bullet points with dates of when things happened.

 

like date it was 1st in your possession.

date of 1st issue

date of when you informed the retailer and how you did this 

#etc etc 

 

10-12 only.

 

dx

 

 

 

 

 

 

  • I agree 1

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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Hmm, I literally read the first paragraph then lost interest.

 

They certainly don't care whether your were travelling in a easterly or northerly direction, too much flannel, just keep it factual and to the point, lose all the emotion out of it, they don't care.

 

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Pers I would not be sending anything anywhere until the experts understand the issues and recommend best text to inc..

 

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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  • dx100uk changed the title to National Tyres/Autocare - Faulty Repair on vehicle - want to give me the vehicle back - no time to fix it
  • Quote

     

    • Broke down on 20/03/23.  Yellow Engine Management Light illuminated, Engine Temperature Gauge rose to near red, windscreen completely fogged up.  I stopped on the hard shoulder and RAC called.  They advised they were unable to give any recovery time and as I had broken down on part of the hard shoulder with no barrier, plus the fact it had gone midnight and raining heavily, they suggested I should try and get my vehicle off the Motorway.  The Engine Temperature Gauge had fallen to normal and the windscreen cleared so I was able to limp off the Motorway and return home a short distance away.  The following morning the RAC came out and were unable to provide any diagnosis at the roadside.  They advised to take it to my nearest reputable garage for diagnosis and repair. 
    •  
    • On 20/03/23 (the same day as the breakdown) I took the vehicle to National Tyres and Autocare (now owned and part of by Halfords Autocentre) Bridgend Branch.  This has very good ratings on Trust Pilot and happens to be my nearest mainstream Garage.  On arrival I explained the problem to the Centre Manager and was asked to leave the vehicle with them for diagnosis.  Several hours later I received a call from the Garage advising me that the diagnosis was (1) a new Oil Cooler was required, (2) along with an Oil and Oil filter change, (3) and Coolant top-up.  They quoted £516.64 for the repair, but said that the Oil Cooler was a genuine part so we be a premium price and that it would take a few days for the part to be ordered and then the work to be carried out. 
    •  
    • On 23/03/23 I attended at the Garage to collect my vehicle.  As soon as i started the engine the Yellow Engine Management Light illuminated.  I raised this with the Centre Manager who apologised and proceeded to use an electronic diagnostic pad to diagnose the issue.  A few minutes later I was told that the Yellow Engine Management Light had been cleared and that this sometimes happens if water or oil gets into connectors after a job like the one I had done.  The Garage advised me that they were unable to properly test drive my car as there was a tyre advisory on one of my tyres.  This was a tyre advisory for their business and not a legal tyre advisory, so I did not understand why they did not test drive the vehicle.  
    •  
    • On the evening of 24/03/23 I took the vehicle for a test drive on the Motorway and having driven above 50mph, I immediately noticed the Yellow Engine Management warning light illuminate.  I stopped the test drive and returned home.  
    •  
    • The following day (i.e. 25/03/23) I took the vehicle back to the Garage and explained the same problem had occurred with the Yellow Engine Management Warning Light illuminating again.  Again, the Garage apologised and asked me to leave the vehicle with them.  I reluctantly left the vehicle with the Garage for several hours and they later contacted me to tell me that the problem had been fixed.  When I arrived back at the Garage they advised that it was water/oil that had got into a connector/plug and that they had cleaned the connector/pipe and that the Yellow Engine Management Warning Light had now gone off. 
    •  
    • I then went on holiday and parked my vehicle up until I returned to work on 05/04/23.  Whilst I was travelling along the Motorway I noticed the Engine Temperature Gauge (ETG) was again rising towards the red range.  I immediately stopped on the hard shoulder and checked the coolant level in the Coolant reservoir.  I found this to be completely empty.  Luckily, I had a small bottle of water in my boot, which I was able to use to fill up the coolant reservoir and after a few minutes the Engine Temperature Gauge (ETG) returned to normal, and I was able to drive the short distance back to the Garage.  I had to use an Annual Leave day to cover for not being in work.   I again explained that my vehicle was experiencing the same issue (i.e. loss of coolant and the Engine Temperature Gauge rising near to the red zone).  The Centre Manager topped my coolant reservoir up with water and said it was likely that an airlock had occurred and that this was normal after an Oil Cooler repair.  As an apology he offered to order in some more Coolant (£39.99) to put back into the vehicle.  I advised him to hold off on this as I wasn't overly convinced that the Coolant leak has been properly repaired and I didn't want to waste £39.99 worth of Coolant for it to leak out onto the road.   
    •  
    • On 08/04/23 (having had days off from work ) I checked the Coolant reservoir in my vehicle to find that it was once again completely empty.  I then topped up the Coolant and drove the vehicle back to the garage.  The Centre Manager again asked if I could leave the vehicle with them and that they would do a pressure test and check the vehicle again.  When I returned to the Garage they stated they had done a pressure check which was holding and that they had tightened up a part on the vehicle.  They advised that this part can't be overtightened so they thought it had been under tightened and had therefore caused a leak.  The garage then again topped up the Coolant reservoir with waster and told me that this would definitively now fix the leak and the problem.
    •  
    • On 09/04/23 I checked the Coolant reservoir in my vehicle to find that it was once again completely empty.  I then topped up the Coolant reservoir but was unable to immediately take the vehicle back to the Garage, due to the fact that it was a Sunday and was closed.  
    •  
    • On 10/04/23 I once again checked my Coolant reservoir and discovered it was empty.  I topped it up and took my vehicle back to the Garage.  I advised the Centre Manager that I would now need to make a formal complaint to there Complaints/Care Team and would also consider taking legal action.  The Centre Manager asked me not to do that and for the Garage to be given one last chance to put the repair right.  I reluctantly agreed, but gave the Garage two options.  (1) I required the original repair to be re-done, (2) I required for the vehicle to be taken to an alternative garage (preferably the manufacturer) for independent assessment and repair, and I stated that I required a refund.  I explained to the Centre Manager that I would be happy to leave my vehicle with them for a prolonged period of time, so that they could take their time and actually fix and complete the repair properly.  However, I made it clear that I could only leave the vehicle with them on the basis that they were able to provide a hire vehicle, in order for me to be able to commute to work on a daily basis.  The Garage agreed to do this and and provided me with a hire vehicle.  
    •  
    • On 21/04/23 I received a voicemail message, from the Assistant Manager at the Garage, asking me to return his call.  I called the Garage back and the Centre Manager answered.  He advised me that he didn't know what was going on with my vehicle and that I would need to speak to the Assistant Manager.  When I asked to speak to him he advised that he was off until 24/04/23 but would get him to give me a call upon his return.  I thought this was strange as the Assistant Manager had not long called me from the Garage.  I was told that he had popped in on his day off and was no longer there.   A short while later I received a phone call from a mobile number that I did not recognise.  I don't normally accept calls from either withheld numbers or numbers I don't recognise, but on this occasion I did.  I was surprised to find it was the Assistant Manager who was calling me on his personal mobile and from home.  He advised me that the garage had found another fault, which was part of the original reason why my vehicle had broken down.  He said that the Garage had failed to diagnose this issue when I first brought the vehicle into them, but they had now discovered it (over a month after diagnosis the fault).  The Assistant Manager then advised me that due to the amount of work required on the repair of this new found fault, the garage weren't going to be in a position to repair , they would offer a partial refund and that I would need to come and collect the unrepaired and unroadworthy vehicle and take it to another garage.    
    •  
    • I have now raised a formal complaint (logged brief details) with the Halfords Complaint Team.  From what I have read online, my understanding is that the Garage have entered into a contract with me (under the Consumer Rights Act) and that they are legally obligated to fix there original faulty repair they did and also the repair to the part which they failed to diagnose as part of the original break down.  I also believe that the Garage has breached GDPR by passing my personal mobile number to an employee who was on a day off and phoned me on his personal mobile number.  Am I right in my assertion?  I still have there Hire Vehicle as I need to be able to get to work.  I have told them I would put all of my complaint in writing but haven't done that yet, as wanted to get expert advice on this forum first.  I'm looking for advice as to what are my next steps are please.  

     

     

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why have done another war and peace post?

 

10-12 bullet points of ONE OR TWO LINES.

 

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... 

Link to post
Share on other sites

 

My vehicle broke down, i took it to a mainstream garage who diagnosed and repaired it.
 

However, the same fault kept occurring and it kept breaking down, so i kept taking it back. They state they have now fixed the original problem, but my vehicle still isn’t repaired as they have now found another fault which is part of the original problem, but are refusing to fix the repair because it will take them too long too fix. They have told me to come and collect the car and take it to another garage.
 

The garage have also given an employee my mobile number and they have called called me using their personnel mobile number whilst on their day off. I think that is a GDPR DPA 2018 breach. 

Edited by Redmountie
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Please tell us about the vehicle – make model year and how long you have had it.

When did it break down?

What's the name of the garage?

What is the fault that kept occurring?

What is the new fault they have found and which apparently is part of the original problem.

Have you got anything in writing from them or any other evidence that they are saying that the whole thing would take too long to fix?

How much money have you spent on repairs with this garage?

We will talk about data breaches later

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Please tell us about the vehicle – make model year and how long you have had it.
Nissan Qashqai (2019 model) which I purchased from new in November 2019 (no longer under warranty) and still have 8 months finance left to pay.

 

When did it break down?
20/03/23.

 

What's the name of the garage?
National Tyres and Autocare (now owned and part of of the Halfords Autocentre brand).

 

What is the thought that kept occurring?

Initially, when my vehicle went back for the original repair to be fixed, they have told me that they didn't know what was wrong with it, as the pressure was holding (after a pressure check).  They then said it was leaking from somewhere and they thought it was to do with the o'ring on the repair they done, not be tightened enough.  They said they had to be careful not to overtighten the o'ring as otherwise it would fail and leak.  The last time I went in to have the repair looked at and again fixed, they told me the o'ring had failed and that they had to order in a new o'ring part and fit it.  The Assistant Centre Manager said that the o'ring they had initially purchased had failed and that they had to order in a second o'ring part and fir that.  He has verbally told me on the phone on Friday that they have now fixed the original repair (i.e. the leak).  They still have my vehicle so I have no way to know if this original repair has now been fixed.  


What is the new fault they have found and which apparently is part of the original problem.
The Assistant Centre Manager has told me that they have found a fault with the water pump and although this was part of the original reason for my vehicle breaking down, the job is too time consuming for them and they are not prepared to repair it.  He said he has spoken to his legal team and regional manager and that he has been told to offer me a partial refund on the original repair and that I have to return my hire vehicle, collect my own vehicle, and take it to another garage.  

 
Have you got anything in writing from them or any other evidence that they are saying that the whole thing would take too long to fix?

I don't have anything in writing from them as this was a phone call conversation with the Assistant Centre Manager on Friday afternoon.  


How much money have you spent on repairs with this garage?
£516.64 (which is being paid off in 4 monthly instalments via Payment Assist Plan - 2 instalments have been made to date). 


We will talk about data breaches later

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You have been with us for a long time so obviously you have read our customer services guide and you recorded the call .

Well done .

Make sure that you keep a backup of the call recording because it will be very useful.

 

Have you had an estimate elsewhere for fixing the problem

 

 

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Why have they still got your car?

 

 

And what about the call recording? Have you got it safe

 

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When it broke down again on 10/04/23 I told them they had two choices:

(1) re-do the repair and fixe my vehicle or

(2) take my vehicle to another garage, they do the repair at their own cost. 

They opted to re-do the repair. 

 

They have had my vehicle since the 10/04/23 with the proviso they were going to fix it.  In the meantime I also insisted they provide me with a Hire Car as I needed to get to work and had already have to take time off because of their failure to repair my vehicle. 

 

They phoned Friday to say that the original repair is fixed but there is now another issue which they failed to diagnose initially, but because that repair will take too long, they won't carry out this repair.  Instead, they want me to return the Hire Car, collect my broken down vehicle from their garage, and take it to another garage to get fixed. 

 

No call recording - they phoned me whilst I was in work.  Plus, I have read the customer service guide and have an i-phone so can't record calls.  This particular call was made in work hours so I wouldn't have had anyway of recording this interaction.  

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learn to multi quote properly RM. you dont type in in a quote box answering a question you are copying.

 

from the post you wish to quote

drag across the text holding the left mouse button -text turns blue

you'll the get a pop the says quote text

 

that will appear in you new mgs box. type underneath/outside the quote.

 

if you wish to ans a 2nd q in the same post .

 

create a blank line from your last quote/answer.

 

do the same again.

 

wash and repeat till fininshed

 

that way you posts dont get compressed to a 2 line expand arrow box.

 

ive sorted the last few posts

 

dx

 

ps passing on a phone no..no thats not a gdpr breach and even if it was the court are not feelings police.

 

 

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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It seems to be a pretty complicated situation.

Whatever happens, it isn't going to be sorted out very quickly. I can't really imagine that you are going to be able to threaten them into finishing the job.
You can't even be certain that if they do finish the job, that it will be done properly. It seems that they have already let you down at least once.

I think you need to write them two letters.

Write to them and rehearse the information that you have been given so far on the telephone and which hasn't been recorded – the problems, the work that they have done, what they think needs yet to be done and the fact that they aren't prepared to do it because it's going to take too long. Make sure you identify the name of the person who said this to you on the phone – he did get that didn't you?

Tell them that on that basis and as they are refusing to carry out any further work that you have no option but to take the car away as requested by them and to have a diagnosis and repairs carried out by a another garage.
point out to them that you are doing this under protest and that you will be looking to them to reimburse you any extra expenses that you incur for a diagnosis or for work – and in particular if the work has to replicate work which they have already undertaken.

I understand that you have the hire car problem. You will have to return this. In your letter point out to them that you are reluctantly returning the hire car because you understand that that is the only condition upon which they will return your car unrepaired and so you are doing this simply to move the matter forward as they don't appear to be prepared to cooperate in sorting out the difficulties.

Point out to them what your work situation is and that as a result of that you will be obliged to hire another car and that any expenses involved will be recovered from them and they should understand that if they cause any problems on that that you will be making it a matter of a County Court claim.

Post a draft of this letter here so that we can have a look.

Send them an SAR. Send this separately in a separate envelope so that there is no confusion. I suppose it is unlikely to contain details of the telephone conversation that you had but maybe it will. No harm in trying.

Make an immediate appointment with a proper dealership that specialises in your model of vehicle to get the diagnosis and repair. Halford's are a bit of a Jack of all trades – master of none. Always better to go to a specialised repairer, in my view.

Let us know what happens

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  • Phoned Halfords Customer Services Team on 24/04/23 to chase up the online complaint I made back on 21/04/23 as I was told a Regional Manager would be contacting me.  They stated that the Regional Manager was reviewing the complaint and would contact me the same day.  Nothing heard.  
  • Phoned Halfords Customer Services Team on 26/04/23 to chase the complaint, was told that the Regional Manager had told the Garage to "fix the repair" on my vehicle, and that the Regional Manager would be calling me to further discuss.  Nothing heard.  
  • Phoned Halfords Customer Services Team on 28/04/23 to chase the complaint, was told that the Regional Manager should have made contact with me by now, but because of the delayed response they were escalating my complaint to a senior manager ans that this manager would be in touch with me within 72 hours.  That gives them until tomorrow, but i don't expect any contact because the Regional Manager hasn't bothered to contact me, and after all it's a Bank Holiday.  None of their management want to talk to me.  
  • I've found the email address for the CEO of Halfords and will be copying him into my complaint letter, once posted on here and approved.  
  • Subject Access Request submitted as of 30/04/23.  Email confirmation of receipt.  
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On 23/04/2023 at 20:43, Redmountie said:

 

have an i-phone so can't record calls.  

If on a network where you can have multi-party / conference calls, iPhones can record calls (e.g. Tape-a-call app, or similar)

 

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I have attached my complaint letter to Halfords/National Tyre & Auto Centre.  

 

As a result of the advice previously given on this thread, I have removed all of the unnecessary detail about driving to/from and I have also removed the emotion from the letter.  Unfortunately, due to the number of breakdowns, faulty repairs and overall issues, it is still five pages long (apologies in advance).  

 

Any advice on the content and next steps would be much appreciated please. 

National Tyre & Auto Centre Complaint Letter Redacted.pdf

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Have you sent this letter? I hope not.

 

 

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Please stand by for a response later on today

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First of all, your letter of claim is extremely long and contains a huge amount of unnecessary detail. I notice also that it falls eventually back into the emotive stuff.

No one wants to read all this kind of thing and frankly if you feel that you have the need to churn this kind of thing out then I suggest that you offer to buy a close friend a few drinks in the pub and spend the evening there.

The kind of letter of claim that you should be sending is sketched out below but it seems to me that you aren't ready yet to send the letter of claim because you are not back in possession of your vehicle.
I'm afraid that you will need to get back into possession of it and you will need to get a diagnostic report from another garage – preferably an approved garage for that particular model.
I have already pointed this out to you in an earlier post.

Once you do that and you get a quotation for the work then you can set about suing Halford's for the errors that they have made and the extra expense to which you have been put.

 

Quote

Dear Sir/Mdm

 

Letter of claim

on XXX date I took my vehicle model XX registration XXX to your repair centre to repair a fault which included a loss of coolant resulting in overheating.

Despite several attempts by you, the fault has not been repaired and in fact I have had to return the vehicle to you on X number of occasions for you to attempt the repair once more.
As you know, I work for the emergency services and access to a fully working and reliable vehicle is essential. You are kind enough at 1.2 agreed to loan me a vehicle and which is still in my position.

However I now understand from you that you have given up on the fault. You have informed me that you are unable to repair it or if you are able then it will take too long and you are not prepared to deal with the work.


I have now taken back possession of the vehicle and have obtained a full diagnostic report and quotation for the work from XXX garage which is an authorised repairer.
Furthermore, because of the additional delays caused by your breach of contract I have been obliged to rent a vehicle and in the circumstances I consider that this was necessary and reasonable.

The result of this is that I have been successfully inconvenience but I am particularly out of pocket to the tune of £XXX.

This sum is comprised of £XXX for the diagnostic report, £XXX for repairs and £XXX for the hire vehicle which I have been obliged to use as you force me to return your own vehicle as a condition of releasing my car to me.

I'm writing to tell you that if you do not reimburse me the sum total of £XXX within 14 days then I shall start an action in the County Court for this sum plus interest plus the cost of my claim.

Yours faithfully

 

 

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@BankFodder - thank you for this. 
 

I have again phoned Halfords Customer Services Team today. They have now advised that the original repair (coolant leak) has been repaired and the other repair (which they have diagnosed as a new thermostat) they found 4 weeks after it was initially repaired, has been authorised to be repaired by the Regional Manager. I am told that the thermostat part is being delivered to the garage tomorrow and the car should be ready to be collected later that day. 
 

However, they have advised that there is an issue to do with the Ad Blue. They state that this is not connected with the original breakdown and that they are refusing to repair this issue, as they state it’s too sensitive for them to deal with. They have told me the vehicle can be driven, but they don’t know how far, and that i will need to take it to the Manufacturer for repair.  I find it hard to believe that this Ad Blue issue is not issued linked to the original breakdown, and that it has taken them 6 weeks to diagnose this latest issue! 
 

The biggest issue I now have is that I will be without a vehicle to get to work whilst the vehicle is being diagnosed and repaired by the manufacturer. 
 

So i’m guessing i will need to book in my car with the manufacturer, ask them to diagnose and repair it and do a full independent inspection on the work National Tyres & Auto Centre have done. 

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