County Broadband

OK thanks

Hi, I have a problem with a small broadband supplier; trying to force me to take a VoIP (Voice over I P) telephone service that I preordered over 3 years ago. The problem is that what they are offering now is not what I believed it to be when I signed up. It is very restrictive in who you can call and other numbers are simply barred (alternatively you have to pay for a more expensive package), you can't even PAYG other numbers. They can't provide me with the correct terms and conditions. They have threatened me with their "collections department"; and also "the management will contact me". Note I have had no "official" letter or such like demanding payment just veiled threats via their support ticketing system. A bit of background: I originally signed agreements back in October 2018. One agreement for Fibre Broadband (at the time I was told this would take 12 to 18 months - it was a major infrastructure project; in the end it took nearly three years) and another agreement for VoIP service. Broadband service went live last August 2021. They initially chased me about the VoIP service in September last year and I told them what was now being offered that it didn't match up with what was described beforehand therefore I no longer wanted it. Then it all went quiet until last week (11 months) when they starting demanding either that I take the service, or pay them off, or extend my broadband contract! The fibre broadband service and the VOIP service are separate agreements that I have signed. The price for the fibre broadband service was not discounted as a consequence of taking on the VOIP service or vice versa. A lot of emails have been exchanged with them; they refuse to back down; they haven't even sent me details of the current VoIP package; just discussed it with me over email (what it includes doesn't include). They are adamant that because I signed a pre-order back in 2018 that this constitutes a contract. I have asked them for a copy of the terms and conditions for the VoIP service they just send me the terms for their fibre broadband supply which clearly states Fibre Broadband in several place but no-where does it mention VoIP. It is not a general T's&C's but one for their specific supply of broadband. Please let me know if you think I have anywhere to go with this. I believe the service supplied does not accord with what was signed for therefore as per the consumer rights act "goods or services not as described" would apply. Also it seems difficult to argue that three years is a reasonable period of time for service to be supplied particularly within this context and as such, it seems that the provider is in breach of this provision and as such, in breach of contract by making time of essence in relation to the contract so as to repudiate this element of service under the contract on grounds of breach of section 52 of consumer rights act? I would like to know peoples thoughts. Thanks

Hi, I started a new role a little over two years ago. Within the employment offer made to me there was a statement regarding pensions which was "a contributory pension will be available for you to join...... subject to the terms and conditions of the scheme – this would be a 5% contribution from the company, 3% from you". With every other company I have worked for my pension contribution % has always been based on my entire salary (including bonus). This company is basing it on earnings over £6,240 up to a limit of £50,270 (I earn more than £50k) therefore the % amount of total pension contibutions is 8% of £44030. This is significanlty less than I was expecting when I took the role. I think the % statement in the offer letter was missleading to be honest and there should have been a clear statement at the time that the pension was not paid on full salary. I would like to know other's opinions on this before I speak to my employer. Thanks

They have agreed to pay the hire car charges. I had to get my car repaired as they would not guarantee that they would pay for a hire car and the dealer did not offer a courtesy car (or even to fix my car). I stated to the finance co that I was getting my car repaired but without prejudice. I have this in an email Thanks

Hi, Yes with the exception of the paintwork and the fact that it is proving difficult to get the car repaired - the manufacturer is pulling out of Europe in March next year. Thanks

Hi, Hoping that someone can help me here. I recently (just under 3 months ago) purchased a car, rather than retell the whole story I will post the letter I sent to the dealer and Finance company below (this was sent 25th September): "On 12 August 2019 I took delivery of an Infiniti Q50 reg no. R*16 ***. The finance for this vehicle was aranged by yourselves using BlackHorse finance (agreement number **********). Before I collected the vehicle, collection was delayed by several days because you yourselves had caused bodywork damage to the vehicle between my initial payment of a deposit and the agreed collection date; which you undertook to repair before I collected the vehicle. On the 15th August I notified you that the vehicle right hand rear door lock would not lock leaving the vehicle insecure. This was finally resolved (with me doing all the organising and purchasing the part myself, on 31st August) for which I received reimbersment from yourselves for the part sometime later (you paid the garage labour direct). Since this time a number of faults have arisen the most serious meaning that the car is now not safely driveable or repairable in a reasonable manner. Faults now found: · Paintwork - areas of the repair now show laquer 'bloom' (white areas in the clear coat), this is consistant with incorrect paint application - normally in damp conditions. · Front tyres - I have had to replace these, one had a slow puncture, one had a screw in it. I replaced these without quibble however I have since discovered that actually the car should be fitted with run flat tyres as original equipment, the car actually came with 'normal' tyres (non runflat). This is a safety issue. · Tyre pressure warning - I informed the salesperson when I test drove the car before buying that the tyre pressure warning was illuminated. I was told this would be resolved. The light came on within 5 minutes of leaving your premises on 12th August. I found that it was the nearside front tyre that was low on pressure. This turned out to be a slow puncture so the car was sold with this as a known fault and not resolved (see above). · Front RHS wheel bearing, has failed, noisy and rough and now means the car is unsafe to drive as it could sieze at any moment. Any garage that I contact to repair this can not get the part so at present the car is not repairable and not useable. I have had to hire a car so that I can drive to and from work. · No garages that I contact can obtain parts - therefore unless I obtain parts direct from Infiniti myself or take the car to an Infinti dealer (nearest 80+ miles away and a day off work) I can not get the car repaired. I told your sales advisor when I initially viewed the car that I would be covering a lot of mileage in my commute and the car must be reliable - obviously if I can not get the car repaired this is a major issue. I have covered 2500 miles since purchasing the vehicle, it is obvious from the above that the level of issues is not acceptable to a reasonable person when considering the purchase price of the vehicle which was £11198 which was inline with market value. As the initial problem was reported to you within 3 days of purchase and not fixed until 24 days ago and I am now reporting more serious faults within a further 24 days this counts as within the 30 day rejection period (as I believe the period is stopped between notification and repair taking place), 24+3 = 27 days and therefore I am exercising my short term right to reject as per the Consumer Rights Act 2015. I request that you cancel the finance on the vehicle, collect the vehicle and reimberse me for finance payments made and my deposit, note that this will still leave me significantly out of pocket and I will be seeking to recover other costs as yet unquantified. I expect to hear from you to confirm that you have received this letter so that you can arange refund and collection of the vehicle within 10 working days. I will also be sending this letter by post. Please note that I consider this notice as served on the 25th September." Since I sent this letter the dealer told me to deal direct with the finance company. As I couldn't continue renting a car with no knowledge if I would be reimbursed I undertook to have the wheel bearing replaced at my own cost. Last week the finance company sent an independent inspector out to look at the paintwork. Today I have heard from the finance company. They have: Agreed that the wheel bearing should not have failed and have offered to pay me for the parts, labour, hire car and a £150 amount as a good will gesture, Stated that they will not reimburse me any amount for the front tyres as I can not prove these were faulty (although why would I have replaced otherwise) Stated that they will not undertake to get the paintwork sorted out. They stated to me that by signing the credit (HP) agreement that I had accepted the paintwork and that the defects would be obvious had I inspected. I stated back that 1. I wasn't given the opportunity to inspect. 2. Their (HP company) inspector had to use a bright lamp to see the defects as it was a cloudy day (the day when I collected the car was cloudy, plus the car was in an undercover car park) so I wouldn't have seen anyway - it is mostly visable in direct sunlight. 3. That I am not a bodywork inspector, nor should I have to inspect bodywork repairs carried out by "professionals". Stated that the fact I can not get the car repaired easily is my problem and I should have done my own research. I stated that I told the dealer I needed the car to be reliable. Finance company was not interested. Their own terms and conditions state that the car must be kept in good working order - I can not comply with this if I can't get the car repaired. The call ended with the finance company stating that I could take the money in "full and final settlement" or leave it but they would do no more. I stated to them that they were trying to undermine my statutory rights, that there are defects from day 1 which have not been corrected and I did not accept their findings. I have told them to put their findings in writing to me as I will need it for any legal action. I would welcome people's thoughts. Surely the paintwork issue at the very least is for them to sort out? Thanks

Holy cow! Sorry but if I wanted the responses as above I wouldn't have asked. Emmzzi - Whether you think 80% of salary for 80% of the hours is reasonable or not, it does not form part of the statutory considerations for refusal hence my questions above ssparks2003 - Actually I want around a 40% pay rise, and know I can get it elsewhere too. However in general I quite like the company and it's an easy commute for me, the situation is that adjusted for inflation I am now paid significantly less than I was in 2008 and also 30% to 40% less than the manager who's role I now fulfill (who left 4 years ago). They know this and I know this so actually I don't see that doing 20% less hours (which it wouldn't be in reality anyway) for the same pay is a bad deal for them. I wouldn't be working for someone else on my 'day off' it would be myself carrying out consultancy work.

Hi All, To provide a bit of a backstory: the company where I work has made no significant pay awards (beyond inflation) for around 8 years and for the last two years nothing whatsoever (not even inflation). After a bit of calculation my wages are now below what they were in 2008 when adjusted for inflation despite now performing a significantly more senior role. I have found something which could be performed one day a week which could significantly supplement my income and to this end put in a request to cut my working week to 4 days (not working for the company on a Friday i.e. doing my own thing). To be clear I have offered significant mitigation: pro-rata reduction in holiday, being available on the phone on a Friday where possible, possibility of coming in to the company on a Friday if they're desperate and fits in with me and the option for either party to cancel the agreement after 3 months trial period. Needless to say this request has been refused. The letter contains the statement "You requested a reduction to your working hours without an corresponding reduction in your salary" As I understand it this is not a statutory or material consideration. The letter then goes on to state that they have "considered my flexible working request against each of the statutory grounds....... The reason for this refusal is that to grant the request would impose an unreasonable burden of additional costs for the business. We consider your position to be full time and we would have to cover your absence with additional resource at extra cost to the company". When my manager presented me the letter I put it to him that the reality is they would never cover my absence on the Friday with someone else as there is (a) no one else in the company who can do my job (b) the business would not employ an outside contractor for one day per week. My manager basically agreed with me and said "you're probably right" My question is (a) have the company provided evidence to reject under the statutory reason of burden of additional costs, (b) Does the statement "You requested a reduction to your working hours without an corresponding reduction in your salary" hold any validity or rather does it invalidate their reasonaing as it could be construed that they would have accepted has I offered a salary reduction. Thanks in advance. PS. For clarity I am a man and the request had nothing to do with looking after children

Hi Bankfodder, I will speak to the dealer later today as they are still waiting for a call from me to tell them when to pick the car up. When I call them I will speak to the MD and tell him of my finding. It would not surprise me if they are unaware of this fact. The relationship with the dealer has not totally broken down, however I was very angry with them when I spoke to them last Thursday. I can gauge by their reaction then which way to turn. Will update in due course! Thanks

Hi Bankfodder, Thanks for your latest reply. The maximum I would be looking for would be to clear the finance owing and some other smaller amount total just over £6500 so well below £10K. Ideally I don't want this at all though, I want them to cancel the finance, and refund me the initial deposit, px price and some minor out of pocket costs. I am not looking for a complete refund. I have done some more digging today and have found something that may (or may not) be a game changer: I have obtained the manufacturer of the gearbox datasheet, it states that the gearbox is rated to a maximum input power of 95kW. But my engine is rated to 118kW output so the gearbox is 20% underrated for this application ie. it is not suitable. Could I use this as evidence of a fundamental design fault which can not be rectified? Thanks

Hi Bankfodder, Thanks for your prompt reply! In answer to your first question, no there is no paperwork from the manufacturer with regards to not complaining about the gearbox (unfortunately) and if there was then it would be cut and dried as far as I can see. I can see what you are saying about myself having substantial enjoyment however I have paid for this to the tune of £2400 / year so it hasn't come free. In fact it has cost me over £4800 to date for soemthing that has never been right. I have also come across established Case law (Clegg v Olle Andersson T/A Nordic Marine [2003] EWCA Civ 320) which dealt with rejection after six months (sucessfully). I know that you say you find it unusual to have no paperwork (and so do I to be honest when thinking about it) but I know of other people who have never had any paperwork for waranty repairs. The gearboxes that have been fitted have always looked brand new, there are so few of these cars sold that I would think even obtaining a second hand gearbox is unlikely. If the car was repaired and working then it would probably be worth £4500, unfortunately I can not sell it even if I want to as the finance company have attached a finance HPI marker to it.

Hi Bankfodder I have finally been through everything and this is a list of what I can tell you: · Vehicle Purchased on 31.08.14, Price £10382.25 + 6 months VED of £112.75 giving a total of £10495. Mileage at purchase 7184. Car first registration date 05.04.13. · Deposit payed of £280 + £220 px allowance giving a total amount to finance of £9995. Invoice made out to finance company and delivery address to me. · Finance agreement date 02.09.14. Initial finance balance of £11,787, current balance £7,465, settlement figure approximately £6100. Months paid of loan 26, loan term 60 months. · Paper trail for loan payments over the last two years in my possession. · I have driven the car for a total of 31000 miles since I have had it. · All of the gearbox replacements have taken place in the last 5000 miles. · Paper trail for these gearbox replacements – I have nothing, the dealer has not given me anything, I thought (probably incorrectly) that this was normal. I do know though that they have a record of warranty work carried out as I have seen it. · Warranty work carried out to date/chronology of events: o CD head unit replaced within 6 weeks of purchase date (CD player never worked on collection) – has worked OK since. o At same time as CD head unit replacement – look at tendency for car to stall when pulling away/jerkiness, excessively high revs required for pull away from a standing start – told looked at is a characteristic of the car (this is described / criticised a lot by many owners in the various owners forum) o 13.6.16 (all the below items were reported (on 29th March 2016) before the end of the three year manufacturer’s warranty): § Indicator switch replaced due to tendency when warm to indicate right briefly when self-cancelling from a left turn. Replacement exhibits the same fault – not fixed/resolved § Interior Trim around rear window replaced due to warping in sunlight/heat. Replacement warped within 6 weeks – not fixed/resolved § First gearbox replacement – crunches when changing quickly into 4th gear (from 3rd). Told when collecting car that the new gearbox is not much better. The reality was that the new gearbox was worse! Not only did it still crunch in 4th gear but it whined loudly in 2nd gear and to a lesser extent 4th gear. o Approximate date 11.07.16: Car returned to dealer to witness whining gearbox, dealer agreed not normal but didn’t know what manufacturer would do as ‘now out of warranty’ I told them don’t care if it is out of warranty, replacement supplied to fix a warranty item is worse. Subsequent to this they inform me that an engineer from the manufacturer would inspect the car. o 27.09.16: Car taken to dealer for engineer from manufacturer’s to inspect. Picked up later in day and told by dealer they would have to wait for report from the manufacturer. o 7.10.16: Hear back from dealer – they have the report from the manufacturer. They accept that the gearbox is noisy and will replace FOC on the understanding that I do not complain about the 4th gear crunch anymore! State that it is a characteristic of the car (that old chestnut!) and that I should change gear slower. I told them that I am not happy but I want the gearbox replaced. I do not have this in writing. o 15.11.16: Car taken back to dealer for gearbox replacement. o 16.11.16: Car collected from dealer, actually the new gearbox doesn’t seem to crunch . o 17.11.16: Car driven and gearbox now gets stuck in second gear (permanently in 2nd gear), manage to get car home via a route that does not require me to put the car into reverse. I drove car onto my driveway which it is now blocking my garage as I cannot now select reverse to get it back off! This has occurred within 50 miles and 24 hours of gearbox fitment. o 17.11.16: Call finance company to complain state that I intend to reject the vehicle under sale of goods act – require refund/cancellation of finance. Car not of satisfactory quality/fit for purpose. They told me they will contact the dealer and that their processes take ‘up to 8 weeks’. I told them I don’t care about your processes, give me an address where I can send formal notification of rejection and serve court papers – they gave me an address. o 17.11.16: Spoke to dealer, they want to collect the car and give me a loan car, told them they can’t collect at the moment as I need to be in work. Told them I don’t want car repaired, I am rejecting it under sale of goods act. That is how it is left at the moment. I do want them to collect it though as it is an obstruction at the moment. Will likely call them tomorrow and tell them to collect on a Saturday or out of hours weekdays as can’t spare yet more time off work for their convenience. · Total trips to dealer for warranty work: 7 (each trip means I lose two hours of my work day which I have to make up in my own time). · I do not have any calls recorded (I didn’t know this was legal). · The manufacturer (or dealer) has never given me anything to acknowledge that the gearboxes are faulty, however all replacements have been FOC. · Every time the car has been into the dealers for warranty work I have been given a courtesy car FOC. I look forward to hearing from you and thanks in advance

Hi Bankfodder, Thanks for your reply, I will get back to you with detailed information as soon as I can.

Hi, Thanks for your reply, to be honest I have no idea of how much to claim. I would probably be happy with them just to take the car back, cancel the outstanding finance and perhaps refund me half of the cost of the most recent service (which was done at the same dealer), the outstanding road fund license, costs to change insurance to another vehicle and the fuel (nearly a full tank), plus my deposit and px car value. Therefore I am seriously helping them to mitigate their losses - they are keeping all of the money I have paid on loan repayments. I think this sounds very reasonable?

Hi, Please can anyone help me with this: I have just had the 3rd (yes third) gearbox installed in my car, this gearbox has now failed after less than 24 hours and 50 miles! The story: Purchased from main dealer an 18 month old car in September 2014 with 7500 miles on the clock and balance of 3 year manufacturers warranty Car: Make MG, Model MG6 (petrol) Gearbox number 1: This is the original gearbox: noticed by end of 2015 (approx 28000 mile total) that gearbox 'crunches' when changed from 3rd to 4th gear quickly (yes this is a standard manual gearbox). Went to dealer in March 2016 to complain about gearbox (and other warranty faults), they drove car and agreed with me about gearbox. Manufacturer agreed to replace gearbox and new gearbox arrived at end of April. I couldn't leave car with the dealer at this time as I was on standby to work abroad for a number of weeks. Gearbox number 2: Finally got gearbox replaced at beginning of June. New gearbox was worse! Not only does it crunch in 4th but it also whines (like an old mini) in 2nd. Car returned at beginning of July to look at again, dealer agrees it is not correct but "doesn't know what manufacturer will say as it's out of warranty". Told them "don't care fault occurred in warranty period an has not been resolved - actually made worse". Manufacturer eventually agrees to send an engineer from the factory to look at my car who came last week. Manufacturer has agreed that the new gearbox is faulty but they will only supply a replacement 'box if I don't complain about it crunching in 4th as this is a "characteristic of the car". This is not entirely true as I have driven one of the loan cars with same gearbox and it does not crunch however the other loan car did, however there is a lot on the internet about failing gearboxes, crunching, stiff changes etc etc. The gearbox obviously has an inherent design flaw. Gearbox number 3: The third gearbox was installed 15/16th of this month (i.e. picked up yesterday), this has failed within 24 hours and 50 miles, jammed in second - so car now unusable. This happened first thing this morning This morning: Called finance company: told them I wish to reject car for refund under sale of good act and consumer credit act, they said they will talk to the dealer and 'get back to me' and that their procedures can take 8 weeks). I have told them I'm not interested in their time scale, I now do not have a drivable car, asked them for an address where I can serve notice of intended court action. Told me that I need to provide burden of proof, I told them this has been fixed under warranty so I have no paper work (dealer has never given me paper work for warranty repairs) - the car is sitting immobile on my drive if they want to inspect. Called dealer: spoke to the MD, he says it's not acceptable, can they collect car and give me a loan car. I can't arrange collection today or tomorrow as am too busy at work. Thing is I don't want this fixed now, too many attempts at a fundamental fault, I have no confidence whatsoever now. What I would like help with: I would like to claim from the dealer and finance company as they are jointly and severable liable - under sale of good act and consumer credit act - refund and cancel loan agreement. The fault apparently can not be fixed, actually each gearbox is worse. This is a major fault. Could someone point me in the direction of a letter template, and how to handle the court claim - I need to move urgently with this, I am currently having to borrow my wife's car - I can not get to work otherwise. Thanks in advance.

Hi Hammy, Thanks for your reply. Car: Make MG, Model MG6 (petrol) Not trying to argue whether this is warranty or not. The issue is there is a fault which has not and seemingly cannot be resolved, to the extent that the manufacturer is now offering to change the gearbox again as long as I don't complain about it crunching when fast changing into 4th from 3rd as they are calling it a "characteristic". That seems to be a total get out. You could call almost any fault a characteristic if you wanted. I also have the datasheet for the gearbox and it shows it is underrated to the power of the engine. What I am saying is can I push back on the dealer and finance company as goods supplied not of acceptable quality, not repaired? Thanks

Hi, Please give me your opinions on this: Purchased from main dealer an 18 month old car in September 2014 with 7500 miles on the clock and balance of 3 year manufacturers warranty. Noticed by end of 2015 (approx 28000 mile total) that gearbox 'crunches' when changed from 3rd to 4th gear quickly (yes this is a standard manual gearbox). Went to dealer in March 2016 to complain about gearbox (and other warranty faults), they drove car and agreed with me about gearbox. Manufacturer agreed to replace gearbox and new gearbox arrived at end of April. I couldn't leave car with the dealer at this time as I was on standby to work abroad for a number of weeks. Finally got gearbox replaced at beginning of June. New gearbox is much worse, not only does it crunch in 4th but it also whines (like an old mini) in 2nd. Car returned at begging of July to look at again, dealer agrees it is not correct but "doesn't know what manufacturer will say as it's out of warranty". Told them "don't care fault occurred in warranty period an has not been resolved - actually made worse". Manufacturer eventually agrees to send an engineer from the factory to look at my car who came last week. Manufacturer has agreed that the new gearbox is faulty but they will only supply a replacement 'box if I don't complain about it crunching in 4th as this is a "characteristic of the car". This is not entirely true as I have driven one of the loan cars with same gearbox and it does not crunch however the other loan car did, however there is a lot on the internet about failing gearboxes, crunching, stiff changes etc etc. The gearbox obviously has an inherent design flaw. The car was purchased with a personal loan with the car as security (dealer finance) although at the time I was told it was HP. I am thinking of pushing back on the dealer and loan company - under sale of good act, repair or replace vehicle - inherently faulty. Comments or opinions please? Thanks

Hi People, Thanks for your replies. We will contact the third party insurer tomorrow (they weren't open this evening as it was a commercial insurer) to see if they will be willing to pay if we get a reasonable quote. Seems utterly ridiculous though that insurers would rather write off cars at considerably more cost (and without even seeing the car) than carrying out a relatively small repair. No wonder insurance premiums are so high. Cheers

Dear All, My wife was this afternoon involved in a clearly non fault accident (third party reversed into front wing and door of her car while it was parked - she was not even in the car). The third party has admitted liability verbally. The damage is wing minor dent (would need to be replaced though) and door minor dent (might be repairable with a skim of filler and respray). We rang our insurance company (Hastings Direct) this evening, their immediate response was to pass us on to a claims management company (Albany Assist), Albany Assit immediately rejected the claim saying the car would be a write off. We spoke to Hastings again and they said that due to the age of the car (05 plate - pre accident value £3k to £3.5k) and "government / VOSA guidelines" (I can find no such thing) the car would be a write off if we used their approved repairer. They then went on to say that we could go to a repairer of our choice get a quote then depending on what Hasting's inspector says they 'may' payout for the repair and claim back from the third party. But we would have to pay the excess and they migh be able to claim it back. Hastings also suggested that we contacted the third party and sort it out ourselves! To me the whole situation feels like they cannot in anyway be bothered and is little better than Third Party only insurance. I have read various post regarding Hastings and Albany and between them they sound like total [problem] merchants, only interested in credit hire and commission. I do not consider that Hastings are providing the service you would expect of fully comprehensive cover and instead are doing everything possible to avoid getting involved, they have not and at this stage will not even contact the third party's insurer. Has anyone else dealt with this situation? To make matters worse the car has a car finance loan secured against it and if the car is written off the payout will likely be less than the outstanding finance leaving us severely out of pocket though no fault of our own and in fact from Hastings' inaction and refusal to represent the insured parties interests. Thanks

Well finally spoke to the dealer today after trying several times to call them and either getting engaged tone or no answer. They wont pay for fast fit places to fix it. They say too expensive. If we get the car to them ourselves they'll "get their mechanic to look at it". Told them that the brake was siezing on and was burning hot and down to metal on metal contact (disc to pad). Their response was the damge is done so it's not going to get any worse. That's easy to say from their point of view however if the car was involved in an accident and it was serious enough there is a very good chance that it would be deemed that the car was unroadworthy. Problem is I had to tell my wife to go and get this done at a fast fit place today as she must have the car to enable her to do her job (she is mostly site based). So she has already been without the car Sunday, Monday and today. I haven't told dealer we have had it fixed as I wanted to see what they would offer. I expect now there is nothing we can do as haven't offered the dealer the oportunity to inspect and repair. However to safely get the car to the dealer would involve a car transporter / tow truck and a day off work. Would should we have to sort it all? I would welcome anyones thoughts on my next move (if any). Thanks

Hi BankFodder, Thanks for your reply. I will call them at lunchtime and then follow up with a letter to confirm things whichever way it goes. I can't get the car to the dealer as it is unsafe to drive and the dealer is 25 miles away. The guy I spoke to yesterday ackowledged that we couldn't drive the car back to them, he also said they would be unwilling to get the car transported back to themselves as "it would cost too much" I will let you know what happens when I speak to them again. Thanks

Hi, My wife purchased a BMW Mini from a secondhand car dealer in May this year. Car was at the top end of book price. It is a 2005 convertible. When looking at the car I noticed that the front discs and pad required replacement and that the rear discs and pads were approx 50% worn and that the offside rear caliper was holding on (i.e. not fully realising). They agreed to replace front discs and pads and to 'sort out' the rear caliper. When the car was picked up the front discs and pads had sure enough been replaced and the rear caliper was no longer holding on...... ....fast forward two months and 2000 miles, my wife metioned to me after returning from work that the rear brakes were making a noise, I checked them and lo and behold the rear offside caliper is siezed on, and has worn the inside brake pad to the metal, therby also ruining the disc. I spoke to the dealer yesterday and I was met with the repsonse "well we only offer a one month comprehensive waranty - you can go and get a price and we might offer you something but it wont be much" I've told them I dont expect to be replacing a brake caliper (which was noticed as faulty when first viewing the car and was told had been fixed) within two months of paying several thousands of pounds for the car, this was met with the response of "you'll have to talk to the owner tommorow but you wont get much, if anything". My view is: The fault was pre-exisiting It was not properly repeaired (if indeed anything was done) The siezing of the caliper has ruinined the disc and pads on the offside rear which no require replacement as an axle set. I would think a contribution from the dealer for 100% cost of the replacement caliper and 50% for the pads and discs (these were half worn) would be a fair settlement I would welcome people's views before I go back to the dealer and put this to them this afternoon. Thanks

Hi, I will shortly be leaving a job that I have resigned from. I was just reading through the contract and noticed the following clause: "On termination of your employment you shall be entitled to be paid in lieu of accrued but untaken holiday save that, where such termination is pursuant to clause 10.1 or follows your resignation in breach of clause 10.3, such accrued but untaken holiday shall be based on your minimum holiday entitlement under the Working Time Regulations 1998 only and not on your entitlement under clauses 11.2 – 11.9. For these purposes any paid holiday that you have taken (including any paid holiday on public holidays) shall be deemed first to be statutory paid holiday. The amount of the payment in lieu shall be calculated on the basis that each day of paid holiday is equal to 1/260 of your salary." [note:clause 10.1 and 10.2 relate to being sacked or insufficient notice. clause 11.2 to 11.9 relate to the contractual number of holiday days] I would like to know firstly if this clause is legal as it reads to me that I will be getting a payment that is less than my accrued holiday entitlement minus days taken? Secondly if this is legal what can I expect to get in terms of number of holiday days payment? My contractual holiday entitlement is 25 days + statutory bank holidays. I have taken 15 days holiday from my entitlement + 6 days bank holidays up to now. The holiday year runs from Jan 1st. Thanks in advance

Just a quick update on this - I got all of my money back from the Credit Card company!! Took many phone calls, emails, and the evidence of an expert witness who deals with litigation claims in the motor trade but eventually the CC company paid me back all of the purchase price paid. My advice to anyone else in this situation is don't give up! The CC company will try and fob you off but eventually you can succeed.!