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singlelayer

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  1. I was re-directed to this thread from another thread re resigning Magistrates over Court charges that appeared in this month's email newsletter and read with horror the ordeal you endured. This sort of thing really makes me worry about this country and blatant miscarriages of justice should result in complete and utter exoneration (including financial recompense). I hope you do push ahead with fully clearing your name from all databases. I am a serving Police Officer and feel completely ashamed of the 'service' you received. Good luck with your future.
  2. Got the screenshot! But I can only imagine they'll continue to say it was a 'mistake'. Telling them 'tough' is exactly what I wanted to say to her last night. It's not my fault -I just searched around, found a price, booked and paid according to their rules on their own website. I could understand if £45.00 was a mis-print for say £450.00 if I'd booked a Ritz suite, but we're talking two people, one night mid-week stay at an isolated Cumbrian hotel/B&B!
  3. Further to my original post; I've just fully read the Ts&Cs on their booking page -they're actually between me and Eviivo (the booking software) not directly the hotel but all queries are to be directed to the hotel in the first instant. Anyway here's what I've found: "All published rates include VAT where applicable at the current rate. On the rare occasion an error in pricing occurs and the accommodation business does not accept Your reservation, even after We have issued a Booking Confirmation, We will notify You as soon as We reasonably can and refund the amount paid in full without any liability for the error or omission. You agree that We will be the sole arbiter of any pricing discrepancy and We will provide written evidence of any obvious pricing errors to You in support of Our decision. You agree that neither We nor the accommodation business will be liable for any additional expenses You may incur as a result of the error or omission." Nice. But does this mean they (Eviivo) need to notify me? So far I've only heard from the hotel itself and do they need to provide the aforementioned 'written evidence'? Nothing to do with my predicament, but this seems particularly harsh (and allows for massive over-booking and profiteering): "In the rare case that We cannot arrange for the delivery of Your requested accommodation, You will be offered alternate accommodation and if there is a difference in the Price, You will be liable for the price differential. If the differential is less than the original amount a refund of the difference will be made to You." Incredible!
  4. Yesterday I booked and fully paid for a hotel room in Cumbria for one night for myself and my girlfriend which included breakfast. I have the confirmation documents/emails etc, it was booked direct on their own website (using the Eviivo hotel booking system they're using) and paid for by Visa Debit card. This is not a big chain hotel, more the large pub style hotel/B&B and cost £45.00 for the total stay -the words 'total stay' were underneath the price of each room. At 22:05 last night, whilst drifting to sleep in bed, I get a call from the hotel to say there has been a problem on their site and the room normally costs £76.00, "so that's what I'll have to charge you unless you want to cancel." Half asleep, I told the woman I was in bed and if she realised the time. I also said I had made other plans on the back of this confirmed/fully paid for booking and that I couldn't afford the extra £31.00 and that she should call me tomorrow (today, 24th July). She seemed in a hurry to get me to commit one way or the other -hence the call at gone 10pm, which is far from what I'd consider customer service! In short, what I want to know is what I can do? What rights do I have and is there anything I can quote to the woman to 'persuade' her to let me go ahead with my booking as originally agreed. Granted, it seemed like a good deal (the reason I booked the room in the first place), but how do I know she isn't just ramping up the price/has a better offer for the room? I checked last night and the same room the day before my booking is also advertised at £45.00, hmm...!
  5. Firstly, hi to all -I'm new to the forum and hope to get some advice on a particular matter. I bought a used car last Friday (22nd August) from what appeared to be a reputable (RMIF member) dealer about 200 miles from where I live. It was MOT'd by the on-site mechanics and I drove the 200 mile trip directly home -it was around 9.30pm by the time I got back. The next day afternoon I went out to the car and there was a puddle of fluid underneath the engine area. I opened the bonnet and the radiator expansion chamber (the bit the water goes in) was below the 'min.' level and it was evident that water was leaking from somewhere within the radiator. I telephoned the dealer and spoke with the owner/manager and explained the issue. He said to have it repaired and he'd pay the bill, but when I spoke to a mechanic friend of mine the following day, he told me that other problems may arise because of this (warped head etc). Having not used the vehicle since, I then called the dealer and asked to speak with the manager again, but being a Sunday he wasn't around and so I informed the person on the other end that I wished to formally reject the vehicle (as advised by Trading Standards under SOGA) and to pass that on to the manager when he did speak with him. I also constructed a letter to that effect which I emailed straight away -it was the bank holiday weekend and I couldn't get to a Post Office- it was then sent via recorded delivery the first possible day, Tuesday (26th August). I today received a letter marked 'without prejudice' saying he was surprised at the content of my letter and me wanting to reject the vehicle, but after speaking his motor trade body he could confirm that he had complied with his obligations by offering a repair and therefore awaited a call from a garage of my choice regarding the repair. Now, after less than 24 hours of ownership I don't want a repair, but a refund (being wary of the past/potential/other missed faults). I've tried my credit card company (which will be receiving a complaint from me via the Financial Ombudsman) but they say that because he's offered a remedy, then they can't do anything. Trading Standards say that by not offering a refund he is in effect not accepting my rejection of the vehicle and now it would be for a court to decide on whether or not I'd rejected the car and therefore the remedies available to me (repair, replacement or refund in the case of rejection; repair or replacement in the case of acceptance). Once again, I'd only had the vehicle 24 hours and done no more than the num before miles directly home from the dealer before I alerted them to the fault; sent an email within 48hrs stating my rejection and then the same wording in a written letter by recorded mail at the earliest possible opportunity -how could it be seen that I had done anything but reject the vehicle? Furthermore, because I was then without a vehicle, I had to transfer my insurance back so the faulty car is no longer covered. If anything were to happen to it, would I be responsible? (BTW it is off the road behind locked gated). A woman from Trading Standards said that once I'd received confirmation that the dealer had my letter of rejection, responsibility was over to him although a different woman said that wouldn't be the case. In addition to that, by the time his mechanics had finished MOT'ing the car when I first bought it, it was too late for him to go to the Post Office and get it taxed. As I'd paid for this as an extra, he wrote a cheque out to the Post Office and told me to do it back home. Obviously since noticing the fault, I haven't done anything -as I explained, the car is off the road and the DVLA said that because I'm 'rejecting' the vehicle they will take me off the V5 log record and put it back to the dealer, but if I have to move the car onto the street (we'll eventually need the space on the drive) and it is towed away, he would get the fine for it not being taxed, but as I'm still technically the legal owner (if not the registered keeper) then I no longer have the vehicle to return if he were to agree to a refund... I have read and understood the SOGA and that he would have to prove that the vehicle was in sound condition, but I don' think he's going to comply. I wanted some help or advice on my next step. I am quite well versed with the Small Claims Court system as I use it for my work evry now and again, but I also know civil courts like the parties to have done everything possible and been reasonable up to that point. I will be sending him another letter of final request for refund before I have to take further action, but no doubt he'll brush this off as an empty threat. I've also arranged for a professional mechanic to assess the fault and put his expert opinion into writing. Oh, one last thing -the car is only 3 years old with 37,000 miles and cost £4,495. (P.S. Where I've said 'Trading Standards', I've discovered that it is in fact Consumer Direct -an advice service that replaced the first and direct line of contact for consumers with Trading Standards. They themselves couldn't do anything but can pass it on to my local authority Trading Standards who "may or may not look into it"!)
  6. I should also add that the car is only 3 years old with 37,000 miles and cost £4,495.
  7. Firstly, hi to all -I'm new to the forum and hope to get some advice on a particular matter. I bought a used car last Friday (22nd August) from what appeared to be a reputable (RMIF member) dealer about 200 miles from where I live. It was MOT'd by the on-site mechanics and I drove the 200 mile trip directly home -it was around 9.30pm by the time I got back. The next day afternoon I went out to the car and there was a puddle of fluid underneath the engine area. I opened the bonnet and the radiator expansion chamber (the bit the water goes in) was below the 'min.' level and it was evident that water was leaking from somewhere within the radiator. I telephoned the dealer and spoke with the owner/manager and explained the issue. He said to have it repaired and he'd pay the bill, but when I spoke to a mechanic friend of mine the following day, he told me that other problems may arise because of this (warped head etc). Having not used the vehicle since, I then called the dealer and asked to speak with the manager again, but being a Sunday he wasn't around and so I informed the person on the other end that I wished to formally reject the vehicle (as advised by Trading Standards under SOGA) and to pass that on to the manager when he did speak with him. I also constructed a letter to that effect which I emailed straight away -it was the bank holiday weekend and I couldn't get to a Post Office- it was then sent via recorded delivery the first possible day, Tuesday (26th August). I today received a letter marked 'without prejudice' saying he was surprised at the content of my letter and me wanting to reject the vehicle, but after speaking his motor trade body he could confirm that he had complied with his obligations by offering a repair and therefore awaited a call from a garage of my choice regarding the repair. Now, after less than 24 hours of ownership I don't want a repair, but a refund (being wary of the past/potential/other missed faults). I've tried my credit card company (which will be receiving a complaint from me via the Financial Ombudsman) but they say that because he's offered a remedy, then they can't do anything. Trading Standards say that by not offering a refund he is in effect not accepting my rejection of the vehicle and now it would be for a court to decide on whether or not I'd rejected the car and therefore the remedies available to me (repair, replacement or refund in the case of rejection; repair or replacement in the case of acceptance). Once again, I'd only had the vehicle 24 hours and done no more than the num before miles directly home from the dealer before I alerted them to the fault; sent an email within 48hrs stating my rejection and then the same wording in a written letter by recorded mail at the earliest possible opportunity -how could it be seen that I had done anything but reject the vehicle? Furthermore, because I was then without a vehicle, I had to transfer my insurance back so the faulty car is no longer covered. If anything were to happen to it, would I be responsible? (BTW it is off the road behind locked gated). A woman from Trading Standards said that once I'd received confirmation that the dealer had my letter of rejection, responsibility was over to him although a different woman said that wouldn't be the case. In addition to that, by the time his mechanics had finished MOT'ing the car when I first bought it, it was too late for him to go to the Post Office and get it taxed. As I'd paid for this as an extra, he wrote a cheque out to the Post Office and told me to do it back home. Obviously since noticing the fault, I haven't done anything -as I explained, the car is off the road and the DVLA said that because I'm 'rejecting' the vehicle they will take me off the V5 log record and put it back to the dealer, but if I have to move the car onto the street (we'll eventually need the space on the drive) and it is towed away, he would get the fine for it not being taxed, but as I'm still technically the legal owner (if not the registered keeper) then I no longer have the vehicle to return if he were to agree to a refund... I have read and understood the SOGA and that he would have to prove that the vehicle was in sound condition, but I don' think he's going to comply. I wanted some help or advice on my next step. I am quite well versed with the Small Claims Court system as I use it for my work evry now and again, but I also know civil courts like the parties to have done everything possible and been reasonable up to that point. I will be sending him another letter of final request for refund before I have to take further action, but no doubt he'll brush this off as an empty threat. I've also arranged for a professional mechanic to assess the fault and put his expert opinion into writing. (P.S. Where I've said 'Trading Standards', I've discovered that it is in fact Consumer Direct -an advice service that replaced the first and direct line of contact for consumers with Trading Standards. They themselves couldn't do anything but can pass it on to my local authority Trading Standards who "may or may not look into it"!)
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