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    • Hi All   just looking for some advice. I bought a used Porsche Boxster from one of Marshall motor group’s Audi dealers (can I name them?) recently and was assured that it received a major service in October 2020 in line with the manufacturers requirements. The service book confirms this. The dealer also told me on the phone that they have a 6 month rule with any mot or service being done if due within this period which assured me when making an offer over the phone on the car that it wouldn’t need anything doing for a while as I recall saying that.   However, digging through the receipts post delivery I saw that the service was in fact minor and after calling the specialist who serviced it in Oct both they (Sheepishly) and the invoice confirmed that the car did not receive new spark plugs, an air filter, brake fluid replacement or a new fan belt which have now all fallen due and hence the major service due warning light. Had I not investigated this then the car would have potentially gone another 4 years, so 8 in total without some of these items being done.   i emailed the salesman to ask what they would propose to do. The matter is complicated by my living 450 miles away in Scotland, and 200 from their nearest branch, a Mercedes dealer in the Lake District, so I suggested getting my cheapest local specialist to do the works that have fallen due, however I have received no response.   Whilst I am still within my 30 days i don’t want to reject the car, which is otherwise perfect, but the fact remains that the Audi 150 point check only asks for upcoming mot’s to be checked and not services and surely you wouldn’t buy an approved used car and expect to have the service light come on 2 weeks later and have to spend almost £500 putting it right.   i would really appreciate some advice on next steps and perhaps who to escalate this to. Meantime the car is booked in for 2 weeks time to get the work done at the cheapest reputable place I could find.   Many, many thanks in advance
    • They haven't complied with PoFA as far as keeper liability is concerned. This part of what the NTK should say  " warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given— (i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Instead they just said this.........................so absolutely there was no notice of them transferring the liability from the driver to the keeper.                                                  "
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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
      • 1 reply
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Patience (not) -v- A & L


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Hi all,

 

anyone else received offer letter from Wragges.............stated that my last offer (which I rejected and returned) still stands as a goodwill gesture in a full and final settlement!!! :eek:

 

I rang the court and the stay application will take upto 3 weeks to be looked at.

 

Can I make them an offer?

Am I still in a bargaining position? :rolleyes:

 

I am now at the position where the more work the solicitors have to undertake the costlier it is getting for the banks. It is a small sum for the banks and the costs would soon be outweighing the claim!!

 

Keep the wheels turning, eh.

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Looks like Wragges are sending out this standard letter to everyone, see Alice Roses thread "Here is Wragges 6 page defence".

They're trying to settle, knowing people will be very tempted to have some money now instead of waiting. They really are B******s, But I guess its purely up to the individual. Now you have sent in your appeal, I think you would do well to fight it out!

KayX

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Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

Righty then,

 

Received notice that a hearing for lifting of the stay is on 20th November.

 

I have sent the STAY template together with supporting evidence as per post #50 and would like now to find additional info to take with me to the hearing.

 

any suggeStions,

 

DWD

 

 

ps.....I have since found this and am working on it, thanks ZOOT http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html

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Hi all,

 

when I rang the courts yesterday I was advised that Wragge did not file a defence on the 17th as ordered, this was the same day the stay was ordered by the court! :mad:

 

You'd have thought maybe they would look in the file and see Wragges are behaving like A-Holes and tell them to bugger off.

 

DWD

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Hi all,

 

I am looking for the terms and conditions for the 'cashplus' account (as at start of claim, 2001) and T&C's for the changeover to the 'basic cash' (as at finish of claim 2006).

 

I cannot find them anywhere and I remember that at the time of change that the terms were changed whereby you couldn't use the counter to deposit money and the online bank doesn't let you cancel/see direct debits - I ended up cancelling DD's with a letter placed in the letterbox of the local branch.

 

I was hoping to use these terms as unacceptable in keeping my account in order at my stay hearing.

 

TY, DWD

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  • 1 month later...

Hi all, got the hearing for 20th and received Wragges document for stay hearing. Have sent further docs which have crossed.

 

The offer made which is acceptable for two months, can someone advise that if say Test Case 'eventually' finds that £10 is acceptable for charges will we only be able to claim for excess after the £10 on each charge or is the full amount reclaimable as per previous claims.

 

WOULD THIS THEN MEAN I MAY AS WELL ACCEPT THE OFFER IN FULL AND FINAL AS THIS WOULD AMOUNT TO AROUND THE SAME REFUND,

 

Thanks DWD

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  • 2 weeks later...

Hi all,

 

Have stay hearing shortly and am looking for advice on a few points.

 

1) is a 'without prejudice' letter wholly void from being involved with a claim. (wragges stay defence states that it was only speculation that my account would be closed.) - the 'without prejudice' offer letter contains the paragraph........'you may have seen media reports that some banks have considered closing certain customers' accounts where the customer has comlained about bank charges. We would like to reassure you that if you do accept our offer of settlement we will continue to operate your account.We would only do so on the basis that you accept the Terms and Conditions of your accountpreviously notified to you and that charges will be applied in accordance with our current charging policy'.......is this a threat of account closure?

2) Has anyone been to a stay hearing to answer wragges defence (Mark Heynes -V- HSBC and Mark Heynes -V- A & L) ?

 

I'll post others as they come to me!!

 

thanks, DWD

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ANOTHER QUESTION -

 

Am I right in assuming that the banks would have had prior knowledge of the waiver 'with special regard to being committed to paying out on the last offer for a two month period'

 

If this was the case then surely this could be a factor in Wragges sending me a revised lower offer just seven days prior to the oft test case announcement.........was this practise rife among claimants??

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Sent letters to A&L and solicitors with regard lifting my stay due to hardship and avoid the necessity to go to court.......solicitors reply........we have been instructed to proceed with the hearing. We await the outcome of the hearing.

 

Abuse of the FSA Waiver guidelines??

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Hi

My court date for lifting of stay is next Thurs 29th, I too have had Wragge's witness statement regarding Mark Heynes v HSBC and A & L. So any ideas would be appreciated.

Thanks

kp

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Load of tosh!

 

Hearing duration 35 minutes - a pound a minute!!

 

Stay remains, I'm not an hardship case (apparently) 'I could seek alternative employment' and Alliance & Leicester have acted wholly respectably :mad: and did I seek the advice of a solicitor. I thought these hearings were fast track and thus NO costs!!

 

Do you know what, I have a DMP and have failed to keep up payments along with other debts. Look up 'Hardship', I do endure monthly pressures to meet outgoings. :eek:

 

Get a better paid job, they reduce your Tax Credits. I wouldn't be better off AND have the flexibility I currently have with my job and looking after the children when they are on school holidays (wife cannot change her hours ).

 

And the payment wouldn't significantly ease my burden, :evil: £$%&*^_+£.

Different Planet

 

Oh yeh, then he asks the Barrister (very nice chap) if the bank would like to apply costs (apparently not, very considerate)

:roll: and started talking about 'multi track' and the fact that costs would have been around

£6-800 POUNDS

:shock: :shock:

just pass my cheque to the nice Barrister

 

The Laws an Ass

 

As you can tell I'm NOT bitter at all

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