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    • Thanks for letting us know about this. I'm afraid that this website is mainly bad news about companies so it's very refreshing and very decent for someone to come along and to give praise where praise is due. How about a link to their website?
    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
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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.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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had a letter from the courts saying that d&g will be representing hsbc not read the letter yet as it is at my mums - i dont think it says a date yet for my day in court:o

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don't know if that could be their defence and if it is - may also have some other instructions for you from the court - or possibly not - as you've done the n1 - you may or may not have to do the aq. depends on the local court. so, just read carefully and see if there are any court instructions with the letter.

did you send dg a copy of your breakdown at any point - if not - send them one now, referencing your claim number.

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yes i sent one to them as soon as i filed my n1 and had a reply with a court number from the court - i also asked dg to add the schedual to there records which they will be making when they recieve instruction from the courts.

 

should i send them another or ring and pester to see if they have it.:confused:

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yes, i get it now - since you filed an n1, you wouldn't get a notice of transfer and with aq's dispensed that only leaves a copy of their defence for you to receive - so all is well and ditto what pd wrote.

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been afk for a while anybody got any news regarding how hsbc are defending or when they are paying up. i have already had contact from court telling me dg are intending to defend fully. after that letter when will court give a date?

 

cheers

 

steve

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we can't say - it depends on the court. just watch for it

on the other side of the game - you start nudging dg now into making an offer - check this thread - post 1 gives ideas for letters

i letter every 10-14 days with a breakdown until they offer.

 

New---after 28 Days - Maybe No Aq!!!!!!!

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Hi Dark

 

I got the Intend to defend routine then a date for PTR for 13th of July

 

Bang!!! 1st May Offer acceptance sent on the 8th, Cheque arrived today the 16th

 

It wont be long now you are nearly there.

 

Oyster

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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hmm i think we have spies - after posting what i will continuing with i recieved 3 letters from hsbc 1 for each account each 1 stating they dont want to pay interest but will happily refund in full my charges:D

 

but i find this slightly unnacceptable due to them letting me get to court stage - so what i am going to do is send them a letter saying ty i will accept this refund with conditions

 

1. i will reserve my right of disclosure.

2. would impose that they refund me my costs (court fees postage etc)

3.pay me what im asking for within 10days (which they have stated they will do)

 

so i will ask one more favour from the consumer action group - i need by sunday a couple of sample letters or links so that i can change these for my own need.

 

tbh i cant believe they are abusing the court system to their gain on each account they r willing to pay less than asked for but not by much about £200 over 3 accounts, i am refusing that amount but will be pointing them in the direction that i will take that as part payment to the full amount plus costs less interest if they settle within 10 days to save the court system time and money. if someone has such a letter let me know and i will type out what they have said in the letter so you can match a letter to my needs.

 

am very tempted to say yes but give me x amount plus this cost and i will inform dg and the courts we have settled.

hmm actually that sounds better.

 

well i think i will settle but on my terms not theirs.

 

any advice welcome :-D

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Your taking the right approach, there is a letter in the library here for partial acceptance of an offer which you can probably edit to suit your needs,

One thing I would say is Uncle Colin and his merry band of drones tend to be very slow doing anything so I wouldn’t hold your breath.

You actually have two pieces to your claim at the moment, firstly your offers from HSBC Leeds, if you can get them to a point where you are happy then take them (but only if you are happy) and secondly your County Court Claim where you will be dealing with DG solicitors, let this keep running until you have the cash in your hand.

pete

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well im guessing they have left the offer very late as im due to get a court date soon - i am happy to accept the money without the interest and not goto court but i want my costs back too and be able to keep my right of disclosure. i will have a look for that letter and edit it accordingly.

 

cheers steve.

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if the rejection letters don't do it - here's a couple more you could tweak - or pm michael browne as he is ace letter writer:

Rejecting Offers

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

Unfortunately your offer has failed to include my allocation fee of £100 and therefore I am unable to accept your offer as full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £XXXXX

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

__________________

 

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

Unfortunately, I find that you are about to charge me a further £150 on 25/5/07. If you were to reverse that upcoming charge I would then feel comfortable accepting your offer as full and final settlement. The total amount I would accept is £XXXXX plus the reversal of the £150 charge scheduled to be taken from my account on 25/5/07.

 

As soon as I receive confirmation from you that you agree to this arrangement, I will accept the offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

 

 

 

certainly you can take any and all of these and tweak to your likeing.

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