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    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
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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.

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Network Q car in garage more than on the road


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Hi

 

My Mum & Dad have had an absolute nightmare with an Omega they purchased cash lastyear (october I think).

The car has had so many problems with the engine management system, a works recon gearbox and numerous other problems.

Although the geabox has been replaced/recon'd, there is still a fault which put the box into a 'slipped diff drive', effectively locking the car in 3rd gear when pulling away.

Great if you're on ice or in 3 feet of snow - bloody dangerous when you're negotiating away from a junction or driving onto a round about.

 

It's been to 3 different network q garages, 1 experienced the fault but could get their equipment to register a fault code, the other 2 haven't.

Both my M&D are disabled, Mum quite seriously with her back.

 

Is there anything that could be done to either force the repair or better still get a refund - the car is a bucket of spanners - sounds like the big end's are just on their way through the casing, and they've lost total confidence in the car now.

 

Any suggestions or I need to supply more specific info please let me know.

 

Thank you

Perseus

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

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Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Hi there Perseus,

Balloon 1435 here,

Just found your thread about your folks car, Did they buy it from a Network q dealer and if so did they get a warranty with the car?

I had a nightmare with Vauxhall a few years back, they knew the car had a problem (an expensive one) and they kept on denying that it had a fault, even to the point they told me I was imagining things (aeronautical engineer by trade) not likely.

Liney, not a shiney

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Hi Balloon :-)

 

Yep - they have a 1 year 'no quibble' warranty.

So far, they've had countless trips to their local network q garage.

Had a works recon gearbox, new sensors, new exhaust, eletric switches replaced. All sorts.

Advertised as full service history, but just a few stamps in a log book - no history at all.

The car 'apparently' should not have been sold under the network q scheme (too old - 5years), but it was.

 

Had the car for about 6 months now, and wishing they could just get a refund and walk away. The garage that supplied it in York, shipped it down on a transporter. It's been back up there for a week because they were losing money due to the costs of the local dealer.

 

Nightmare from start to finish.

Would trading standards get involved do you think?

 

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Share on other sites

Trading Standards can't settle individual civil disputes as they don't have any enforcement powers in the civil courts.

 

Some TS departments can offer assistance and sometimes mediation, but that depends on their resources, all initial enquiries go through Consumer Direct on 08454 04 05 06 and then *if* the local TS can assist further the case is referred to them to call back the consumer.

 

Ultimately only a court can resolve any civil dispute though.

 

I would suggest that you write to the garage where you purchased the car and state that the vehicle is not of satisfactory quality or fit for all normal purposes and therefore, in addition to the warranty, the car does not comply with the Sale of Goods Act.

 

I would suggest that if a satisfactory repair - returning the car to the condition you would expect of it - is not carried out within a reasonable time, you could potentially push to rescind the contract and claim a partial refund (you would have to allow for any use you have had from it, though if it has been continually in the garage and not done much mileage, you would have a possible argument for full refund, only a judge could decide).

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Thanks for the advice rosie.

 

I advise me ma to get writing.

 

Thanks again

 

Pers

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

Link to post
Share on other sites

Just read the last thread and could not agree more, unfortunately most garage service managers these days are more concerned with the purse strings of the franchise they work for not the satisfaction of it`s customers.

I know it may sound harsh and not possible with your folks, but the only way I got resolution out of Vauxhall was to abandon my car outside the main door of the company - throwing the keys at the MD and promising that when I had left his office I was heading straight for the local press to expose their poor level of customer satisfaction. Two weeks later my car was sorted and they had washed it!

I think a letter from your folks is better in this instance :)

You could always contact your local Citizen Advice and you are also entitled to a free solicitors appointment if they feel there is an injustice.

Liney, not a shiney

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Ah thanks Balloon...

Yeah, I think I'll be helping them compose a letter, with some appropriate excerpts from the Sale of Goods Act too.

 

Thanks for your replies

I'll post back with a copy of the letter, and any reply They get.

 

Thanks

Pers

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Share on other sites

  • 2 weeks later...

Hey balloon, sorry for the delay.

 

Mum's got Vauxhalls to agree to taking the car in to another garage for a road tes (50mile) with onboard computer and diagnosis equip.

If they're able to get a fault code, they'll repair the car free, there and then.

If not, "not a lot they can do".

Mum's giving them this last chance to get it sorted - then she'll be going Trading Standards, and if need be, go legal with the garage under sale of goods.

 

I'll update when the appointment is complete.

 

Thank you!

 

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Share on other sites

  • 2 weeks later...
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