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Stormbitch

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Everything posted by Stormbitch

  1. Noting the branding on a cinemas car park, I parked to watch a film. Not noticing any clear notifications to pay, they clearly are there. Naturally this is a Br2ttaN3a managed carpark. I now have two letters. 1. Letter before action from the dubious BW 2. A final 16 day demand before court. I have done the following but have had no response. 1. Recorded delivery letter to parking management company, asking for evidence, print outs, and offence. 2. Recorded delivery letter to BW asking for data restriction. ( they replied saying not applicable ) 3. Letter to my MP 4. Letter to the cinema asking for them to make their signs to the car park clearly state you have to pay - and to step in and make contact. I enclose the two letters. I have sent a follow up email to the cinema stating I will write to the board and the local press - and that my complaint is under unfair contracts. Shall I post the letters here, obviously edited?
  2. ha ha Mobile phones. The thing is people tend not to damage cars with their bodies by running red lights
  3. Fair comment. However a 40k car used will be 25k - which is a large proportion of car buyers Who will now pay £37.50 a month for choosing a car that is reasonable or of good quality before they have driven anywhere Similarly those who currently pay nothing will then be paying £140 a year. All the while cyclist are not paying insurance or tax yet use the roads.
  4. 950% increase in vehicle exist duty!!!! Feel free to comment on the vid or here if you prefer about this
  5. Why would Being Dun - want to bump a post - and why is that an issue if the content is of value to a reader? I'm glad it has been raised again actually because this type of data use should be made clear. Whilst using data for lead or funnel processing the notion of being discussed and treated as a lead is really quite low. John Lewis might collect your data but they dont all have a staff meeting and say "Ok so Mrs Johnson, why has she not bought more curtains this year? Dave? You were handling Mrs Johnson" Asda? "Ok so Mr Bantock has spent £8236 with us in groceries this year... hm this is quite low" "Yes well when he came to the till, he said he wasn't keen on the price of Marmite" "Hm, yes good feedback, when he comes in again, can we all be sure to bear this in mind when talking to him, frankly unless he spends £8450 this year, he might be a lost leader, ok next Ruth Johnson.. hm, shes not spent much on nappies this month"
  6. I made a payment with my debit card. But good advice. Please note however that I am not sure why this is relevant as the car was purchased 2 years ago. This will make quite interesting reading when they respond, I have faith the manufacturer will come good and support the dealer.
  7. Well its German and I was not sure if to publicly vilify the brand if the case is on going?
  8. Back story I have a 3 year old car, purchased when it was one year old from a franchise dealer. The car was £32,800 and £47,500 new and is a high caliber manufacturer. During the 22 months ownership I have suffered considerable levels of defects with the goods which have been fixed under warranty. As the warranty expired 7 weeks ago, the dealer will not pay for the most recent fault, refuse to diagnose the fault fully and only under duress offered to raise a "goodwill" case with the manufacturer. Normally in these good will cases, the customer is required to make a "contribution". The current fault costing £650.00 is not wear and tear and may not also cure a current drive line related query with the car. Action I was advised to call the consumer helpline, who advised me that I have rights under the sale of goods act 1979 and that I should write to them explaining my rights to goods which are free from reasonable defects in relation to age and mileage. I have written to the dealer, and requested repair, refund or exchange. The consumer helpline told me the manufacturer are not directly at fault in this case as I do not have contract with them. Advice I was told that I have rights under the limitations act 1990 for 6 years and as a result of the extensive repairs and visits and consequential losses I would be within my rights to raise the concern. Someone then told me that Sale of Goods act does not apply to a used car purchased from a main dealer franchise because it should be my risk. However that is contrary to consumer helpline advice. Help Are you able to offer any guidance if the franchise rudely tell me to go away. My friend has upset me saying that they will shoot down anything to do with law and say sod off. This will hurt my feelings greatly. Summary of faults during 22,000 miles and 3 year old high brand value car. Actual/Perceived Losses in 23 months 64 days lost ownership. Vehicle being repaired. 22 non-service related visits to dealer franchise networks. 6/8 visits to non-local franchise network totaling 528 miles. 20 approximate hours on research, attention and telephone calls. Stress related anxiety for 12 months. 4 missed business appointments. Train, hire car and fuel costs. 22 Visits to the dealer network in 23 months Interface computer and navigation random failure. Engine Mounts. Gearbox. Engine Vibration issue unresolved, diagnosed or notification in writing of explanation. Creaking trim. Trim Rattles. Dirt in instrument cluster. Seat Rattle. Seat Creaks. Noise from the brakes. Buckled wheels. Misaligned panels. Drive line click sound. Cracked Suspension bush. Dealer broke the brake sensor when replacing brakes. Dealer sold car with brakes that required replacing. Warranty replacements in 23 months Engine Mounts. Gearbox. Trim felting. Seat felting. Seat-back repairs x 2 Gearbox. Instrument cluster.
  9. Hello thanks and I am sorry. I have had some work carried out by a body repair garage, I recall them and the insurance company saying to me that accident repairs are normally covered for three years as standard. In other words I understand that work carried out for an insurance company is always offered three years. The paint on my car was a shoddy job and 16 months after the body repair an assessor told me that the job was shoddy in his report. I am just checking that I do still have rights against the garage even though the repair was very late 2012. The insurance company agreed to instruct an assessor in May 2014. So this does help me assume that the three year rule is around reasonable. I just dont want to send a nice "settlement" offer to the garage for them to say "oral contract mate, not worth the paper its printed on"
  10. Is it 3 years from the date of repair that the warranty is undertaken?
  11. Yes I was thinking of surveillance too. It is tricky as they might see my car in tescos too
  12. I had an insurance repair job done on my car late 2012. I have made several visits to the garage to complain about the work. They made some alterations. During February of this year I called an assessor out to check the work who wrote to me saying the paint did not match and the work was shoddy. I took 5 quotes and chose a repair at £350 to make the paint match better. Although I do not have a case against the insurer because I CHOSE the repairer, I think I have a claim against the repairer under the sale of goods act. I want to write a nice letter explaining that I gave them lots of insurance jobs and my own cash jobs in goodwill, but this one has gone bad and that I want them to write me a cheque. They are a small company, bunch of ruff tattoo types who like to fight and run a down beat backstreet shop... I am actually worried they might come and destroy my car...>!!!!!
  13. Ok like it .... The last time they wrote to me they said "Because you chose the repairer, we cannot take any further action because they are not one of our approved repairers" I assume you agree that is a cop out.
  14. I have removed the names and replaced it with YOU etc what do you think of this letter? Anyway I can end up with egg on my face? I chose the repairer... they cocked it up... I complained.. they said p888 off... so did the insurance company.... Adress Tuesday 20th May 2014 Dear Mr P8888 Claim Ref – 888 I acknowledge receipt of your letter dated 15th May 2014. In relation to the accident dated * September 2012 cause by the insured, Miss ***, I refer you to your independent assessors report, which clarified that work undertaken on my vehicle was unsatisfactory. I also have a record of a conversation between YOu and NAME of COMPANY stating you agreed with the assessor’s findings and authorized further work. My rights to choose a repairer were exercised and I was not made aware that in doing so I might be affecting my statutory rights or my standard entitled consumer warranty period for vehicle repairs. The repairer assured me that they would be using BMW materials and paints and that all repairers use the same paint products. I have since learned that this is not the case and that only BMW approved centres can access the exact paint match codes. This would also apply to your approved repairers. The contract of service was between YOU and the repairer and thus as a result I have rights to pursue you under the Contracts (Rights of Third Parties Act 1999). As a measure to be shown to reasonably mitigate my losses I have collated a report consisting of quotations from a repairers. Along with full colour digital images of the repairs YOUinstructed. Similarly this letter before action mitigates you from unnecessary legal costs. I will be instructing a company to carry out the repairs and will be seeking redress from you and the repairer under the above Act. If within the next 14 days you accept that I have been treated unreasonably and wish to exercise duty of care by offering assistance, I will be grateful if you could make contact with me. Yours sincerely Me
  15. Bump. Also if this were you , would you just change the car now and save the hassle?
  16. Ah ok here we are - So I have rights against whom under that act please? Are you saying that I have rights against both repairer and the insurance company. I am not able to ask my insurance company to assist as they are not anything to do with the accident.
  17. YOu lot are really good. Let me check to see if it has been moved and I can continue to work with you on it there. Amazing help thanks so much for the feedback.
  18. I like that - very warming response. When i spoke to the CAB they said I do not have a contract with the garage under law and that I may only be able to claim third party losses. I also looked up the small claims court which looks as though the maximum this could cost would be £1000 if I loose. Up to £400 for filing and up tp £400 for a ruling.. According to the website. Would you change this letter? --- Claim Ref – 12xxx Thank you for your prompt letter and acknowledgement of your position. From my understanding it is my right to chose any repairer and I exercised my right. The chosen repairer ensured that they would be using BMW paint and that the work would be satisfactory. I visited the repairer several times to rectify a number of issues including not fitting the bumper correctly. You also have a report from your assessor who claims that the work is not satisfactory. What this indicates, is that the repairer is in breach of contract with you under the sale of goods and services act 1982. During your telephone call with me it was inferred that your company policy was to treat cases differently based on the chosen repairer. As the third party I was not made aware that works carried out would not be subject to the statutory 3 years warranty under the above law. This being the case I was not made aware by you of the implications of not using your approved repairer and thus I have been treated unfairly. It was not my fault that your policyholder drove into the back of me carelessly. Nor is it my fault that the repairer seemed to cut corners upon the repair of my car. Furthermore, the repairer has insulted me when I raised the matter with them and they have refused to offer warranty on the work instructed by me, which you paid for. I am upset that xx does not have a duty of care in place to ensure that those whom they employ carry out honest and acceptable work. It is my opinion that you should care about work you are being billed for and that it is as described. I have suffered grave anxiety over this and lost considerable sleep. I have also hired a car at my expense whilst the garage once tried to re align the bumper on my BMW. I have visited five body shops to receive reports and quotations, and I have not been able to enjoy the use of my car. This is my final request to you to a. Make contact with the repairer and notify them that they are in breach of contract with you. They must arrange to collect the vehicle and supply a suitable hire car and make good the repairs. Then return the vehicle to me for close inspection by your assessor. Or. b. Make arrangements for your authorized repairer to carryout the repairs. At this stage I am forced to make this official complaint to you, then to pursue the matter firstly with the Financial Ombudsmen, the online forums and OFT and then via the small claims court to recover my losses. My car is potentially grossly devalued as a result of this work; I am unable to sell the car, as it is clear work has been carried out to it. I am sure you understand my frustration. This is not a fair representation of the trust policyholders put in your company. Yours sincerely I am going to look how to move this thread if you think so.. Thanks so much for the help.
  19. If you do not use the insurance company's approved repairer, your rights of redress are affected. I recently had an accident where the other driver was at fault. I drive a BMW. The third parties insurers did not have BMW in their approved network. Rather than use an unknown chosen by them that was NOT BMW, I chose a repairer who had done satisfactory work previously. Unfortunately the repairer I chose. Decided to paint my car a different colour. Which was nice. In a reply to my initial complaint to the insurance company asking them to make my repairs good, I received the following from the insurance company I quote: Dear Mr X We are unable to authorise further repairs to your vehicle as the garage used was not one of our authorized repairers. Insurance company. 1. This rather does infer a sense of bribary does it not. What did I do? I called the FOS who told me that this was a grey area. 2. This indicates that if you have an accident it is ok for the repairer to do a bad job and even if you are not notified, your rights to satisfactory repairs seem to be unfairly affected. What else did I do? I called CAB - who indicated that the contract of "supply of goods and services" was between the insurance company and the repairer. Then What? I asked the third parties insurers if they were satisfied that a repairer had charged them for work that was not as described and potentially falsified their invoice. Their response This is not of our concern. 3. Does this not hint that they are condoning a form of insurance fraud or dishonest trading? I then called again to the insurance company. I stated to them that whilst this may be their policy, to force people to use their repairers effectively, that I was not made aware of this. Nor did I assume my statutory rights are effected in the event of breach of contract. No Comment from the insurance company. 4. Surely they cannot enforce a rule unless you have agreed to it. Evidence: I requested that the insurance company send out an assessor prior to this complaint. The assessor wrote a report to them stating the work carried out was shoddy. There are four other professional opinions stating the same thing. The insurance company refuse to help, support or do anything! So what about the repairer? Well because I did not pay for it, they did not breach contract with me. They also have now refused to do any more work for me in the future and made offensive and bullying remarks when I visited them. Outcomes. I want the car sprayed the right colour. Any thoughts of help? Please also make enquiries with your insurer -as you dont want this to happen to you.
  20. I recently did a valuation on my car - "for a laugh" with we buy any car. 2 weeks later I get an email from them saying... "Oooh there is more demand for your car, click here to see a new valuation" Turns out the valuation is mysteriously £995 more than the first! Really!!? Somehow my confidence in that company has diminished somewhat on the grounds of ethical business.
  21. My friend agree to purchase a property from Estate Agent A. After agreeing to purchase my friend. did searches, instructed solicitor, fixtures and fittings were signed. The solicitor - not the Estate Agent rang my friend and said that the vendor had a change of circumstances and has taken the property off the market. 24hrs later when looking on the websites he found the same house with the same agent for sale for £10k more than previously agreed. The estate agent was called by my friend and it was confirmed that the house was the same house. He was forced to, because of the chain, pay the £10k additional. Here are my thoughts. 1. The estate agent advised the vendor this was possible 2. The estate agent did not act responsibly and may have agreed to the vendor as they new this would result in higher commission. Can my friend sue the Estate Agent for acting so dishonestly or do anything?
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