Hi ericsbrother, Thanks for the sound advice, I've done as you suggested and haven't heard anything back although to be fair it has been the weekend. I have prepared a Letter before action - does this sound OK? The deadline for payment will be 14 days from sending the letter, which will go first class recorded delivery. 9th May 2016 Letter before action - RE: Unpaid bonus of £2,500 Dear Sirs, As you are aware I was employed in the position of XXXXX from XX September 2015 until XX February 2016. As part of my written statement of employment particulars provided via email by XXXXX XXXXX on XX July 2015 (copy enclosed) my first quarter’s bonus of £2,500 was to be paid regardless of the sales achieved during the period subject to satisfactory completion of the three month probationary period. As my three month probationary period ended on XX December 2015 and the first quarter on XX December 2015 the bonus of £2,500 should have been paid to me on XX January 2016. After an initial meeting on XX January 2016 with XXXXX XXXXX and XXXXX XXXXX where I was told that I was being dismissed due to the financial position of the company and not for any other reason, I formally requested payment on XX January 2016 via email to XXXXX XXXXX and XXXXX XXXXX, within two weeks (copy enclosed). It was then retrospectively stated I had failed my probationary period for performance reasons. In the absence of any performance review, full contract and with the written statement of particulars not offering a clause for probationary period extension, I am considered to have passed the probationary period. The £2,500 bonus as yet still remains unpaid and unless I receive payment from you immediately and in any event no later than close of business on XX May 2016, I shall start a claim against you in the County Court without giving any further warning. When I have started the court action I shall be entitled to claim from you in addition to the unpaid bonus, the court fee (£105) plus statutory interest which is calculated at 8% per annum. I do hope that this matter can be resolved without having to issue proceedings against you and look forward to receiving payment as soon as possible. Yours faithfully, XXXXX XXXXX Enc:

Hi, Thanks a lot everyone for the helpful advice. I will take my ex-employer to small claims court - what is the next step, should I be writing a letter before action? Interestingly they have contacted me directly via email wanting me to call them at my soonest convenience to discuss my claim? A bit strange? Thanks, chaoticj.

Hi, They have made another counter offer of £1,750 (ha!) which is apparently subject to agreed COT3 terms - what does that mean? Regards, chaoticj

Hi donarebun, Thanks for your advice - I have made a counter offer of £2,400 as I have considered the time it might take me to go to court - but that it should be relatively straightforward to lodge the claim etc. Let us see what happens now then! Funnily enough, I do already have a copy of the Small Claims Procedure book (though I haven't had enough cause to use it yet!) Regards, chaoticj

Hi, The ex-employer has now got back to ACAS with an updated offer of £1,500 (this is in response to my counter offer of £2,499 and information regarding P v Modus Telecom) they have said that if you look into the case law - the EAT is unclear. They state I did not pass my probationary period and as I was aware there were extenuating circumstances at the time for the review not having taken place i.e. what they have been repeating over and again. Obviously, I have a strong position otherwise they wouldn't be increasing their offer. What I am wondering is, if this goes to small claims and I do win, I believe they would have to at least pay my court fees - what about the time I might spend in preparing for the case etc? is compensation for this at the discretion of the judge / awarded only if the employer is deemed to have acted unreasonably? I'm just thinking if there are potentially costs I might not be able to get back, might it be worth making another counteroffer taking this into account? Other than that, I guess the next step would be to issue an LBA with two weeks deadline to pay? Regards, chaoticj

Hi ericsbrother, Thanks a lot for your great advice which I'm going to follow. chaoticj

Hi, Just to update, ACAS were chasing my ex employer for an answer and they said that they had been seeking legal advice etc. and that the business owners had been away again. They got in touch the day before the 1 month deadline and asked for a 2 week extension. I reluctantly agreed. They have now come back to ACAS 1 week into the extension offering £500 of the £2,500, they have provided 2 pages as to why the £2,500 bonus payment is not due as I did not complete satisfactory probation. That we had an appeal meeting and the reason for the delay was business owners compassionate leave. As it will cost to defend a tribunal claim their offer is £500. I can reject, counter offer or accept. The £500 is an insult so I won't be accepting. I have asked for a copy of the information submitted to ACAS and I'm told ACAS will ask if it can be shared with me but my ex employer is under no obligation to agree. I am thinking it may be worth making a counter offer taking into account what some of my time is worth - say £2250 but I am very doubtful my ex employer would accept this? If anyone has any advice that would be great. Thanks in advance chaoticj.

Thanks to you both ericsbrother and Sidewinder - I am doing as suggested. Very interesting and relevant case excerpt. I have also done a bit more research and found on the website DueDil that my ex-employer filed accounts at the end of February - would this be considered relevant to back up being told I was dismissed for company financial reasons in the first meeting I had? (should this go to court). Thanks again in advance.

Hi all, I'd be really grateful for some advice on the following please.. Email 'Subject to Contract' from July 2015 gist as follows: 1. Annual basic salary of £XX,XXX 2. Annual performance related bonus of £XX,XXX (providing OTE of £XX,XXX). As discussed, your first quarter's OTE of £X,XXX will be paid to you regardless of the sales achieved during this period subject to satisfactory completion of the three month probationary period. 3. Statutory holidays plus 20 days per annum vacation. Official working base XX, formally confirm acceptance of this post and a full contract of employment will be drawn up. Accepted and started the job beginning of September 2015. - No contract supplied despite the email from July 2015 and me asking for one both verbally/in writing on more than one occasion. - No performance reviews or final performance review, probationary period end was at the beginning of December 2015. First meeting late January 2016: With line manager and another senior manager, not told what it was about - titled 'review', no notice/time to prepare and not informed of right to be accompanied. Told I was not being sacked or dismissed just that my probationary period was not being extended; this was purely due to the financial position of the company - a restructure which affected other members of staff. I'd receive two weeks' notice instead of the statutory one week. I said I did not agree, that I had already passed the probationary period as I had not been told otherwise or had any performance reviews. I was then told there were business reasons for the delay (business owners compassionate leave). Got slightly heated and asked how much longer I'd be working for the company, I was told to go home and to come back the next day. Second meeting late January 2016: Told it was just a normal day then had a meeting with senior manager and someone external HR (on their side), offered right to be accompanied but as I'd only been there a short period of time I didn't ask anyone. Same position from previous day reiterated, HR told me I should have requested performance reviews myself. I asked at end of meeting for payment of my £X,XXX bonus as it wasn't dependant on sales but simply passing the probationary period and also a months notice as that would be usual for a position such as mine. The meeting was adjourned to ask the MD, was told that I had failed my probationary period due to performance reasons (the only condition on payment of the bonus and in contradiction to the previous days meeting).. - Not provided with copies of any meeting notes despite asking for them verbally. - Formally requested payment of the £X,XXX bonus via email - two week deadline - now passed. - Dismissal letter states I failed to achieve the responsibilities outlined in my job description and gives an example of failing to delivery a commercially driven strategic growth plan. - Appealed the dismissal at the beginning of February stating points above, crux was as I had not been informed I had failed the probationary period and there was no contract stating it could be extended I am deemed to have passed it and the bonus should be paid. Regarding poor performance example, I created the strategic plan in the first couple of weeks of my employment, was decided after a week I'd be responsible for less than the job description how could I deliver something I wasn't fully responsible for? Had been given a really slow old computer only sorted mid November 2015, systems not in place/being set up despite me raising this - which was taking up considerable time daily and insufficient stock of best selling products etc. I asked for further details as to why I'd failed. Attended an appeal meeting Couple of weeks later, accompanied by a colleague after great effort. Meeting consisted of the managing director asking me lots of questions and only asking me toward the end if I had any points to discuss (points from my appeal not fully discussed). They took a picture of my notes and I took one of theirs. Appeal outcome Dated same day of appeal meeting - original dismissal decision upheld, saying I did not meet the expectations and responsibilities of the role as detailed in my job description. Especially prevalent in areas of leadership, management and dealing with workplace issues and challenges. They also say I acknowledged my role did not materially differ from non-managerial junior colleagues. Just wondering how best to go about getting the bonus I was promised? I've waited a couple of weeks since the appeal to make sure I get the rest of my outstanding pay, I've had the pay slip so it should be in my bank Monday. I have spoken to acas a few times but they give differing advice.. I've been told I can go to acas early conciliation for free, if the employer refuses or it doesn't work out I could then take them to a tribunal at a cost of £400 - may be paid back to me if I win. Unfair dismissal is unlikely as I have short service, wrongful dismissal and non payment of wages may be possible but I'm told it is my word against the employers due to not having a companion in the first meeting. I've also seen online I could take them to small claims court for the £X,XXX bonus and someone else had mentioned about submitting a statutory notice for winding up (but I'm not sure if that is more for freelance people rather than employees). Is it worth making a SAR to my employer at all? Sorry for length! Thanks in advance, chaoticj

Hi Lee, I am replying to this thread as I don't appear to have received any further communications from yourself or Vodafone concerning the bill dispute since your last emailed of 22nd October 2013 - complaint reference CS00013682838. In the past year I have applied for a credit card and been turned down, applied to increase my current credit card limit and again been rejected. I have recently closed both of my credit cards and applied for a new one and again, rejection. I have obtained a copy of my credit file from Experian which shows the bill dispute was marked as "defaulted" in January 2014, could you please explain why this is and are you able to have it removed? Kind regards, chaoticj.

Hi Lee, The reference number emailed to me after filling out your form is 4931728. Kind regards, chaoticj.

Hi, Further to my original message I have had phone calls to my home landline number on 16th October 2013 at 11:08 AM and 17th October 2013 at 13:38 PM from Vodafone on 0808 0000133 and also an email on each day from one of the people who was originally dealing with my complaint basically saying they had tried to ring me to discuss my complaint. Unfortunately on both these occasions I was at work, so not only did they ring the wrong number, if they had got to speak to me I wouldn't have been able to talk as I can't accept personal calls at work, something which I've communicated to Vodafone on every single occasion I've dealt with them. I've now received a letter this morning from 'Fredrickson International Limited' of Weybridge, Surrey dated 17th October 2013, stating that the debt has been passed onto them and all communication must now be with them. They have also telephoned the landline number of my previous address (which is my parents house) on October 18th at 15:30 PM saying they want to speak to me about a personal matter. I have telephoned Fredrickson International Limited today, the first time I gave all of my details and after about a minute of explaining what had happened so far, the phone cut off. I rang for a second time and the same happened. I rang for a third time and I could hear the office in the background but nobody was speaking and then the phone cut off. The fourth time I've got the persons name and extension number first, I've then spent 26 minutes explaining what has happened, they say that this case will be put on hold and they will go back to Vodafone with everything I've said and send me a letter after they get a response. This matter is really stressing my partner and I can also do without it, I wouldn't touch Vodafone again with a 10 foot barge pole! I will now also do as Lee has said for good measure, thanks silverfox1961 and in advance to Lee.

Hi, I've been a long standing customer of Vodafone on a monthly contract; roughly 13 years to be exact. The tariff I was on I was happy with - it wasn't expensive, the allowances were not high but I didn't use it much so it worked well for both of us; I rarely went over my allowances. I was checking over my bank statements a couple of months ago and imagine my surprise and shock to notice that they had increased the monthly contract service charge (the amount you pay each month regardless of how much your usage is) by a massive amount - roughly 480% and that this had been going on for quite some time. I contacted them to query this on 191 on 1st August 2013 and got put through to someone in India? (I've got records of all of the names, dates, times, calls and durations as evidence), I was on the phone for over 30 minutes to be told in the end that apparently they had sent me a text message some months ago telling me about the increase - I'd never received this. The reference number of the call was 1094456517 and I had to wait for a callback, the person that called me back reiterated the same. I wanted to take the complaint further and was told I'd have to be called back by an Operations Manager. I called cancellations to get my PAC as I'd have to be mad to stay with Vodafone with the new monthly contract service charge they wanted, and other packages were not competitive either - funnily enough this was the only point in this whole saga that I got to speak to someone from the UK who promptly issued my PAC! When the guys from India called me back I was doing grocery shopping and it wasn't convenient so we arranged another callback which unfortunately wasn't kept. I then emailed through the complaints section of the Vodafone website which promised that the complaint would go to the office of 'Mark Bond, Customer Operations Director' where "a team of dedicated customer relations specialists will look after it at every step of the process until it's resolved". I provided a description of what had happened so far, clearly requesting again that an official complaint be opened and a reference number for this be provided, a refund of the approximate amount or thereabouts that in excess of what I should have been charged on my original monthly contract service charge and a response in writing to my postal address. I then received another call from India basically again reiterating the same old story, again I said I didn't agree with this and wanted to open an official complaint, they need to put their final position in writing so I can go to the Ombudsman, I was on the phone for 16 minutes this time to be told that he needed to review the complaint with his manager and if I still wasn't happy they would then send a letter! I was pretty fed up by this point so I looked up the Direct Debit Guarantee - Vodafone had increased the monthly direct debit without informing me of the fact, so I found I was well within my rights to claim the money back through my bank which is what I then did. They could only claim the full amounts. I then received another email from India again reiterating the same old story, nothing about a letter! I replied to the email but changed the address to customerenquiries@help.vodafone.co.uk as the bottom of the other email said it wasn't an actively monitored mailbox - this was on 18th August 2013, by this time I'd received all of the money back through the Direct Debit Guarantee so I informed them of this and invited them to let me know how much I should have been charged on my original monthly contract service charge before they put the price up without telling me, and I'd pay this and we could consider the matter closed. I had a auto response confirming that my email had been received and would be dealt with within 24 hours - I never received a response to date! Repeat, *no* official complaint reference number, *no* final position or 'deadlock' letter in writing - how can Vodafone get away with this?! I got a bill later on for the last couple of days I was with them before I transferred my number - this was paid later via Direct Debit as I'd left it active - I then cancelled my Direct Debit with them so they couldn't take any more money. They then sent me a bill on 19th September 2013, showing each refund I'd had under the Direct Debit Guarantee as 'Direct Debit payment rejected' and the date of the reversal. I've then had a couple of letters dated 23rd September 2013 stating I had a final bill owed and 30th September 2013 stating that if they haven't received payment within the next 14 days they may register my account as a 'bad debt' with a credit reference agency! Both of these letters are from the 'Head of Credit & Collections' with no email address or proper contact details just an 0845 number and a PO Box. I've just emailed customer services and Guy Laurence (CEO) this evening basically reiterating that I shouldn't owe the majority of what they say I owe, brief description of the issues and the fact they never seem to have opened an official complaint or issued a 'deadlock' letter. What is my next best course of action? Do I actually need to pay them and reclaim the money via small claims? How can they get away with treating a customer of 13 years like this! I feel like they should just completely quash this so-called bill, if not compensate me for my time they are taking up and the stress/inconvenience of it all! Thanks in advance, chaoticj.

Hi all, I will try to keep this as brief as possible. I purchased a motherboard from eBuyer just over 3 years ago, at the time it was expensive (circa. £100) and therefore of a very high spec. Unfortunately 1.5 months outside of the manufacturers 3 year warranty the motherboard suddenly failed. I feel that because the motherboard was so expensive, and of a high spec. it should have lasted much longer than 3 years. The SOGA 1979 (As amended) says that goods have to last a "reasonable period of time". I would hope a motherboard could last until it was at least considered "obsolete". I have the same brand of motherboard running in my fathers computer, which is still working after at least 8 years. When I google the fault I come up with lots of other people who have had the same problem with this motherboard and others of its ilk. I informed eBuyer about all of this and initially they tried to fob me off with the manufacturer, but as they sold me the motherboard it is up to them to resolve the problem. They would like me to obtain a fault report. I imagine that if the fault report shows the fault was manufacturing/inherent then eBuyer will be obliged to do something - they say that they will either repair or replace the item with one of a similar spec. If the fault report shows the fault was manufacturing/inherent am I obliged to accept a repair, as surely the fault would just remanifest itself eventually? What if the fault report does not state for certain the fault was manufacturing/inherent, i.e. what if it merely implied that it could be down to that? where would I stand then? would eBuyer be obliged to pay for a more in depth fault report? Thank you in advance.

Just to update the thread; the tyre manufacturer Kumho deemed that all four tyres were faulty and I received a 100% credit per tyre (due to the fact there was not much wear on the tyres). Unfortunately this did not equate to a whole lot as the amount credited was only what the tyres would have cost ATS Euromaster to buy which was basically not much at all! However I managed to secure some additional compensation. It was quite a rigmarole chasing it up but eventually I did receive the cheque in the end and banked it. All in all I probably got a tad less than if I'd have taken the dealership up on their offer of only charging 50% of the cost of new tyres and it was quite a bit of hassle sending emails and making telephone calls so yes in hindsight I should have taken them up on that. I have been offered a brake fluid change by the dealership however which I'll probably take them up on. Anyway, I thought the tyres were faulty and it turned out I was right, and now I have some good quality tyres on my car. Touch wood no further problems other than the rear washer pipe popping off during the cold weather, which I managed to sort out myself.

Not sure what you are saying here, irrespective of the price of the tyres I shouldn't have had to buy new ones when the car is just under 3 years old and has less than 7000 miles on the clock. Thanks for this information.. I have been promised a call back 3 times today by the Volkswagen Service Centre, but I haven't received one, they say that they will now contact me at 9am on Monday. I asked what brand and type of tires did they have on record as being fit at the factory but they said that their system is "read-only" and they couldn't tell me - they said that it can also be different tyres depending on the previous owner - I said that the vehicle was bought from the dealership so they were the previous owner. In any case they said that they couldn't tell me and that the dealership would have that information - my response being that the service manager at the dealership last Wednesday couldn't even tell me the size and specification of tyres fitted on a VW Fox, and he actually had to call ATS to find that information out! Upon inspection of the Fox manual it says that if the spare is a different type of tire i.e. Winter tyre it should only be used for a short period of time before being replaced.. not sure whether this means most Fox come with a different type of spare tyre? The upshot is that Volkswagen have taken everything I've told them on board and are taking the way I've been treated by the dealership seriously - they say that changes will be made at this local dealership not necessarily instantly but in the near future, and if these changes aren't made then they won't be selling Volkswagen cars any more! The dealership have said that they will charge 50% of the cost of new tyres provided I haven't had them fitted elsewhere - I already explained to Volkswagen that I'd had the tyres fitted last Thursday because the dealership wouldn't supply and fit them for free, and I needed use of the car and they said that the soonest they could fit them was Friday. So Volkswagen have noted my displeasure and as I say I am due this call back at 9am on Monday. They also say that the dealership have been in touch with ATS who say that the excessive cracking on the side walls of the tyres is due to being stood for a long period of time without being used. I have told Volkswagen that I categorically deny having stood the car for a long period of time - I use it every week and most days per week - the car was an ex-demo 1 year old when I bought it so if the tyres are like that due to the vehicle being stood then it must have been stood before I bought it and ergo the tyres should have been changed for new ones before it was sold to me. The old tyres are being sent to Kumho by ATS on a complaint. So I suppose I'll keep on at Volkswagen/Dealership, whilst awaiting the results of this Kumho complaint. One thing I was wondering if someone could please advise me on.. the VW Fox manual says something about new tyres having to be run in.. can anyone elaborate? I take it this means drive slower than usual and no sharp acceleration or braking?

Thanks for the info Conniff, most interesting. I had the tyres replaced this morning at ATS with Michelin Energy Saver (185/60HR14), I was told that both front wheels had the tracking off, one moreso than the other, so the tracking was adjusted. The total cost was £270. I'm not sure tracking adjustment was really required though as after having looked on the Internet it appears that if the tracking is actually off significantly then your steering veers slightly to one side when your supposed to be going straight? I've never experienced that problem. Anyway I took some pictures of the old Kumho tyres with my digital camera, and with a 20p coin to show how much tread was left, the tread was measured by ATS to be 555, 555 on the front tyres and 777, 777 on the rear tyres. Interesting to note, the old tyres appear to be Kumho "Power Max 769" and the spare is actually a Kumho "KH17 Solus" - I'm not sure if this is significant? Anyway I took the car for the MOT re-test so I now have a valid MOT certificate.. I actually telephoned Volkswagen today and complained about the local dealership - the person I spoke to was very sympathetic and he agreed with me completely, he spoke to his team leader to see if there was anything that Volkswagen could do to help. I was basically told that because I had taken the vehicle to an independant garage for the service and MOT, and had the tyres fitted elsewhere too, that Volkswagen wouldn't be able to do anything to help me. I was told that they normally have funds available to help with costs, they agreed that the tyres should have lasted much longer, but said that they needed to inspect them to make sure that they hadn't been abused etc etc. I said that I would have taken the car into the local dealership but last time they had it for a simple repair they kept it for 3 days and didn't give me a courtesy car. I've had a really poor service and they charge the top price, so that is why I went elsewhere. I said that I took the car to ATS because they could fit the new tyres today, and the dealership could only do it Friday. I gave the dealership the opportunity to fit the new Michelin tyres, but their best offer was £135, and I felt that I shouldn't have to pay anything due to the fact I have a low mileage on the car and the tyres haven't been abused. I was told that they would call the local dealership and see what they could do, I mentioned that I had pictures available that I could email so they said that they would try and sort something out, and then they wouldn't need to see the tyres. I said that at no point did the dealership request to see the tyres. Anyway they said that someone from either Volkswagen or the dealership would call me back, and they have not!

On an unrelated note I was looking at some of Conniff's posts and I found this interesting thread; http://www.consumeractiongroup.co.uk/forum/garage-services/203457-good-garage-scheme-not.html After seeing an advert on TV for the "Good Garages Scheme" the other week, I looked on the Good Garages Scheme website, that is how I actually found the local independant garage that carried out the full service and MOT.. I didn't realise the Good Garages Scheme was effectively a sales scheme for Forte Additives.. thankfully the garage did seem very very good! But I notice on their service schedule it states; 001 Drain or extract engine oil and replace oil filter 002 Fill/top up engine oil I assume that the oil is made by.. Forte Additives! I am quite befuddled by both the services carried out by the dealership and the service from the local independant garage.. in terms of what they are supposed to check, whether it needs replacing or not, et cetera. nothing seems particularly consistent.

Okay I will do this.. perhaps I should await the manufacturers verdict before proceeding with contacting the dealerships head office? In actual fact ATS mentioned something about the tyres being from 2004? I wasn't sure if that was a fact or conjecture though! If that is the case then that means the tyres were made 2 years before the car was - and they weren't the original ones? Nope having kerbed the tyres has not been suggested at any stage, the mechanic at the garage commented on how well looked after the car was. Yes the Kumho tyres I am pretty sure are ex factory I found some blurb on their website Kumho Tyres - European Site and the tyre checker on their site also has Volkswagen Fox listed in it. Okay, no worries. Well I will get some pictures tomorrow and post them up. A better description of what can be seen is "cracking" to the tyre walls. Thank you so much for all of the replies. I'll be sure to get myself much more acquainted with cars and their maintenance as a result of this. I just feel completely sick knowing I've been driving around with my girlfriend in a car with illegal and unsafe tyres

No it doesn't appear that they are vandalised, it isn't just cuts in one place. I have a push bike in the garage that has been stood for a few years unused and the tyres have perished - the tyres on my car are like that on each tyre however it hasn't been stood for long periods of time without being used.. etc If you're suggesting that the local garage could have done this I don't think that for a minute - you couldn't make those kinds of marks and if that was the case they'd have attempted to sell me tyres which they didn't do but sent me to ATS who didn't actually know them. I suppose this is the "evidence" but if I have a few pictures of the tyres, and a letter from ATS and the local garage wouldn't that suffice as proof? If I do take the tyres then they won't be tested by the manufacturer and I suppose I won't get any recompense from them.. Not really sure what the best way to proceed is. I'm not very knowledgeable about cars but I feel that the tyres are most certainly faulty and I'm willing to fight for my rights as a consumer. A friend has suggested that I call the head office of the dealership and ask to speak to the operations manager, laying it on thick and explaining the problem, asking them to resolve it within 24 hours before I go to Volkswagen (whose brand they are representing in a very poor manner..)

Hi, I purchased a Volkswagen Fox 1.2 Basic from my local Volkswagen dealership in November 2007, it was an ex-test drive vehicle and was approx. 1 year old having been first registered in November 2006 (56 Reg plate). The mileage when I purchased it was 3690 and it was serviced at the dealership prior to collection. After the first year of owning it upon having its second service at the dealership the mileage was 4372. I have just had it serviced and MOT'ed at a mileage of 6857 at a local reputable garage (less than half the total cost of local dealership and better customer service) as it is almost three years old - unfortunately it has failed the MOT the reasons being; 001 Nearside front (outer side wall) tyre has ply or cords exposed [4.1.C.1b] 002 Offside front (outer side wall) tyre has ply or cords exposed [4.1.C.1b] 003 Nearside rear (outer side wall) tyre has a cut in excess of the requirements deep enough to reach the ply or cords [4.1.C.1a] 004 Offside rear (outer side wall) tyre has a cut in excess of the requirements deep enough to reach the ply or cords [4.1.C.1a] It was explained to me that this is very dangerous and all four tyres need replacing before the vehicle can pass its MOT. As basically these cuts will only get worse leading to the tyre(s) potentially bursting. The vehicle is still under the manufacturer warranty but it does not cover tyres. The mechanic said that I have looked after the car extremely well and that there is no damage to the wheels, he feels that the problems may have been caused by sun/weather - but he has not seen this problem before and it is very unusual on a car with such a low mileage. I feel that the tyres (Kumho 165/70R14 81 T) which are South Korean made are faulty. I was advised by the mechanic to take the vehicle to ATC and have all four tyres replaced, and ask them to send the old tyres to the manufacturer for testing, apparently if they are found to be faulty the manufacturer may give me an allowance depending on my mileage and amount of tread left (approx 90% tread left - almost like new) against the cost of the new tyres. I am being charged £270 by ATC for four new Michelin tyres, they are giving me a form to fill out and I can claim £40 of Sainsburys vouchers from Michelin making the end cost approx. £230. The car is currently in ATC with the tyres due to be fit tomorrow morning. I did telephone the Volkswagen dealership and discussed the problem at great length, their final offer was that they would fit Michelin tyres for £135, I said that they should replace the tyres for free under the Sale of Goods Act because the tyres appeared to be faulty and for the following reasons; Low mileage of car Kept car in shadow of house on driveway Used car every week and most days each week I said that if they couldn't do that I would go to the Small Claims Court, they said they couldn't do anything further. So I was thinking after I get the tyres replaced at ATC tomorrow I'd ask for a letter from them describing the condition of the tyres etc basically an experts letter, also get a letter from the garage when I take it for the MOT re-test. Your advice would be most appreciated, I feel that I'm in the right but I'm not sure whether I was correct to decline the Volkswagen dealerships offer on the telephone (replace tyres for £135), and whether the fact I've had the latest service and MOT done at an independant garage matters. The local dealership were a bit funny about me having gone elsewhere on the phone, but it is October 2009 and my next service was not actually due until November 2009.. Really need some advice about this from someone in the know.. thank you!

I purchased a Canon PowerShot A570 IS Digital Camera from eBuyer.com on 17/12/2007 for £102.97 ex. VAT Yesterday I was taking some pictures and the batteries ran out, I replaced the batteries but they too had run out. Fully charged the batteries and took some pictures today, however after I'd taken a few pictures the batteries ran out again. I replaced with fully charged batteries and the camera would not turn on (green power light flashes once). Now the green power light doesn't flash at all. I haven't used the camera excessively and kept it in very good condition, it has never been dropped. I telephoned eBuyer and was immediately told that as it was around 1 month out of warranty they wouldn't do anything about it, and they tried to refer me to the manufacturer. I quoted the Sale of Goods Act, that goods have to be fit for purpose, of satisfactory quality etc and that you would expect a digital camera to last for a few years never mind just over a year. They told me that I signed up to their terms and conditions etc. I said that the Sale of Goods Act supercedes their terms and conditions as it is consumer law. I then spoke to a supervisor, who repeated the same thing. He then went away to look at the Sale of Goods Act, and told me that I needed to get an engineers report to show that the fault had not been caused by misuse or damage of my own doing. I quoted the consumer direct website, and then he hung up on me. I then contacted Consumer Direct who told me that I was correct, and that retailers normally do not ask for the engineers report as they have to pay for it when they refund you. I then called eBuyer again and they have emailed me telling me to get an engineers report and they will refund cost of engineers report if the item is found to be faulty. I have telephoned a local camera shop and they can send it away to an engineer, it would cost £10 and I will get a letter/report. So what I am basically wanting to know; is this what I should do? What if eBuyer still refuse to pay up.. do I take them to Small Claims Court? Have I done things in the correct manner or..? Any advice given would be most gratefully received.. it is ludicrous that a camera costing around £130 should break down after 13 months. By the way a google search also throws up a number of posts on websites etc where other people have this exact same problem (camera won't turn on). I do work with electronics myself and I'm 95% certain that this will be some kind of common fault, as the posts on websites corroborates.

Called a UK number on saynoto0870 and explained the problem.. nice lady in the UK is sending me the statements I need.. she didn't mention a charge and said they would arrive in 10 days so I was very happy to leave it at that! Fingers crossed Thanks for info barracad

Hi Barracad, I see.. thanks for that. Perhaps I should just pay the £3 per statement therefore not risking a long wait with nothing provided.. The Indian customer service call centre didn't say that the statements were not included in a £10 SAR though.. Would a UK based telephone number etc be able to provide me with the statements I need i.e. Indian call centre say they can only look at past 6 months of statements.. Confusing..

Hello, I need copies of my Barclaycard statements from a couple of years ago until I closed the account, I called customer services today and they said I would have to pay £3 per statement, and they could only access the last 6 months of statements - which is nil since I have had the account closed for longer than 6 months. I quoted £10 maximum, and they said I have to write to them. I have looked this up and it is a subject access request. I don't need the statements due to charges, can I still request them under the Data Protection Act, I have altered the template letter as it says that statements are not covered under DPA. Should I be requesting details of charges instead and then they will send me the full statements for the £10 fee? However I am certain that I was never charged anything as I paid off every month.. Someone please help! Thanks!