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BankFodder

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Everything posted by BankFodder

  1. Was it the same garage which issued the failure or a different one? Also, you haven't answer the question as to whether you would rather keep the car or return it?
  2. It depends on how it is expressed. They won't backtrack once they have promised to pay you. However if I were you I would come right out and tell them that there are all the other claims which will be in the pipeline will soon and you are giving them an opportunity to sort everything out at one go at minimal cost to themselves otherwise you will be going to court one by one. Emphasise that they are all separate tracking numbers. Separate contracts. Separate items and it's up to them having to play it.
  3. Thank you. You have told us that the car isn't too bad and this sounds as if you would prefer to keep it. Is that correct? Whatever the situation I think it might will be an idea to get a new MOT from some independent garage in order to check the condition. We have considerable experience here people find cars with new MOTs which were carried out at MOT stations which are uncomfortably close to the dealer. I would suggest that an independent MOT would be a good idea so that you would understand exactly what you have got. You should tell the new MOT garage to be very strict and stringent with their test
  4. I'm afraid that inflexibility doesn't surprise me. What date is it?
  5. In theory you should but of course the bank is staffed by drones who will then use that as an excuse to deny your request. Best to simply carry on trying to get the chargeback. However I would really caution you not to be tempted to get the money and to hold onto the item. That can only backfire on you at some point and it could be very serious. You need the supplier to respond to you and arrange the return. If you get the chargeback then no doubt they will react furiously and they will contact you and that will give you an opportunity to tell them to supply you with the return label. After that you can give the supplier a deadline and tell them that if they don't organise the return by XXX date – then you will consider that they have abandoned the item. However keep us updated and keep us informed every step
  6. And if they decline to repair it – then get them to give you a quote for the cost of repairs. Don't tell them you are claiming – but it will simply be good evidence to have it in writing from them because that will amount to an independent inspection and an independent quotation. You may will need to seek corroboration from another inspection – but that is the way to start. Get going and then come back here
  7. Okay. Thanks – I think that just about does it. Send it off and start preparing your particulars of claim on the MoneyClaim website. The particulars of claim can be quite brief because you will refer to the letter of complaint and also to this letter of claim which basically contain all the details. Post your draft particulars of claim here. Get ready to issue the claim on day 15 – you will probably have to. Only send the letter of claim if you are prepared to go to court. If not then probably better give up
  8. It troubles me and I suspect that you haven't read up on the steps involved in taking a small claim in the County Court. It would help you and it would help us if you did this before you start taking action. The letter of claim is okay – but if you had done some reading you would know that the minimum warning you have to give of a forthcoming county court action is 14 days – not seven.
  9. One of the reasons is that people try to make these complaints but won't reveal the name of the dealer because apparently they don't want to be identified – but of course this means that the dealer not been identified gets away with it – is that such a mystery? Another reason why he gets away with it is because when we ask questions from people who come to us for help, they don't answer and we have to drag it out of them. Another unanswered question We may be able to help you. It's going to be difficult – but you are creating more work by not addressing the questions we put. Also, did you visit the dealer's premises in order to buy the car? How was the purchase made? When it was delivered, was it driven to you or is it brought on a transporter?
  10. Please start off by reading as many of the stories on this sub- forum as you can. Most of them concern EVRi but the principles are the same. Secondly, are not quite clear about your story. Are you the seller of the items? Do I understand that you sold the items to some people and it now turns out that the items were delivered and you have refunded your customers? You have given an involved account of the story but if you could simply put a bullet pointed summary – endocrinology with dates and values, that would be helpful.
  11. How many miles is it done now since the MOT? You say that the car is not too bad other than the starting problem. You are guessing at the possible cause. You haven't told us the date that you purchased the car but I am guessing that it is more than 30 days ago which means that you have lost any right to reject the car automatically under the consumer rights act. Have you had any professional opinion as to the cause of the starting problem?
  12. No – it is automatically corrected. The name for the claim is H ermes blah blah blah
  13. You should post the draft particulars of claim before you click them off. Not after day 15. Yes, it probably is 15 September if you send the letter of claim straightaway
  14. I'm sorry about your personal circumstances. I'm sure that it must be difficult but I can assure you it won't cut any ice with EVRi and it won't influence the court very much. We have to keep strictly businesslike on this and not muck around. This isn't a social media site. We are in the business of suing corporate bullies – and we always win – but we expect at least equal effort and reaction from the people we help. The CCTV footage you are referring to is not really the kind of thing that would go into a particulars of claim. So don't bother. This is evidence and you can produce it it later if you want. What we need to know now is that you are going to stick with this, take advice – follow it – or if you disagree at least let us know – but not disappear again. We also need to know that you aren't going to go your own way – or if you do – at least let us know so that we can understand and flag up any thing which we think might be a serious mistake. The obviously found time to go your own way before so time couldn't have been that great a consideration. There are lots of other people who also need help and who are more fastidious about the way they do it. For the moment, return the directions questionnaire to the court copy to EVRi and indicate that you want to try for mediation – which seems to be your preferred choice. After that you have a time to relax before you will receive a mediation date. When you get the mediation date please let us know and then we can go through your case and see if there is anything interesting which you might want to say. Also in the meantime, if you read the stories on the sub- forum you will find some people who have succeeded at mediation have written very helpful summaries about the mediation process and you should make a special effort to find those and learn something from them. If you have any questions then please let us know. We are on your side – despite my rather harsh words – but we need to know that you are on your side as well.
  15. So you are not acting as an individual. You are trading in car parts – even if it is part-time. This may impact your consumer rights at some point – best to play it down and not mention it. However just in case you are under any illusion, if you are selling things and making a profit from it then even though that may not be your day job, you are still acting as a trader for the purposes of consumer law. I know that eBay tries to say that certain people aren't registered as traders and therefore their customers are entitled to consumer rights – but eBay I'm afraid doesn't know what they are talking about. If you're happy with a suggested letter of claim above, then send it off but don't be under any illusion. It won't have any effect it simply a formal precursor to issuing the claim. This means that on day 15 you will have to issue your claim. Register with the MoneyClaim website and start drafting your claim and post your particulars of here in draft fashion before you click it off. Please confirm that this is the action you are taking
  16. Do I understand that you have never had an independent report carried out on this car? Your posts are rather abbreviated and it is difficult to follow – but I understand that you don't have the car any more and then he is with the dealer who sold it to you. Is this correct? Can you remind us – is this a hire purchase agreement? Have you got a definitive list of the faults? If so please can you list them here in a bullet pointed fashion
  17. Firstly there is scarcely any chance that the dealer will know about this thread – but if they do, then they will start to take you rather more seriously than they have done so far. Also, you may well find other people who have had similar problems with the same dealer will join the thread and that will be helpful to you. There is no downside in naming the dealer. We aren't here to play secret squirrel. We are here to help you. Secondly, what is the name of the MOT station which issued the MOT? What is the date of the MOT and how many miles had the car done when the MOT was issued? How many miles has it done now? Also, you say the car was delivered to you. Why didn't you drive yourself? How many miles away are you from the dealer?
  18. Contact the union and asked them to help her with a claim under the equality act. They probably haven't considered that. I'm afraid these unions are very often very limited in their thinking. Ask them their opinion. They still probably won't be very enthusiastic but at least if they raise the possibility with Specsavers management and in particular refer to the behaviour of the director, then that might be enough to persuade Specsavers to part with a few hundred extra quid – which is always useful
  19. Okay well edit/modify the letter that I have suggested and post your final draft here for us to have a look. Make a decision whether or not you do want to go and try and make a claim under the equality act. We can help you to a certain extent but this is not an area of great experience for us. On the other hand, it could be well worth starting a claim with a view to obtaining some kind of settlement from them. Does your daughter have any means? Where is she living? She with you – or does she have some independent housing
  20. This is not a letter of claim because apart from anything else it doesn't propose a date by which you are going to take legal action if you're demand for payment is not satisfied.
  21. There is no template. This is a self-help forum and you should start preparing your own letter of claim and post the draft here so we can have a look. If you take responsibility for the things you will gain a lot more confidence and be much more in control. Please post your letter of claim here. One comment about my site team colleague' s post above – my site team colleague says that as you bought insurance your hundred percent chance of getting everything back. The insurance is unlawful and unenforceable – it is contrary to section 57 of the consumer rights act – and in our view you would stand 100% chance of getting everything back anyway. Including your insurance premium.
  22. Although we are grateful to have contributions – that is not the basis on which we help. We would rather that people engage with this thread with the same amount of energy and enthusiasm as we do – particularly as it is their money at stake – not ours. It's a shame that you went ahead and issued the claim in the way you did because we would have helped you prepare are far more effective and damaging particulars of claim. Also, you have promised that you would send further particulars within 14 days. You haven't done that. You lose credibility. What are the extra particulars of claim that you were going to send? Tell us. In our view, the non-compensation list is invalidated by the fact that you properly declare the item and they accepted it on that basis. It is not beyond the wit of a well resourced and powerful company like EVRi to configure their website automatically to reject items which they do not want to carry or to flag them up as non-compensation. In fact you declared the item correctly and they simply accepted it in the way that they would have accepted any other item. Not only that, but they offered to insure it and if you had agreed, they would have sold you an insurance policy at the same time. We find it incredibly frustrating that you have gone ahead in the way that you have done. There was far more to say about their insurance policy which would have made them far more wary of pursuing this matter and would have been much more advantageous to you if you had mentioned it and it went to trial. I'm not too sure why you visit this forum, ask for advice – and then ignore us. Maybe it's because we do it for free and you don't have to pay any money. Now that you have got the directions questionnaire, you will have to decide whether or not you want to go to mediation or you prefer to go to trial. If you go to mediation then you will not have to pay hearing fee unless the mediation fails. In that case you would go to trial and then you would have to pay the hearing fee. If you go to mediation then we would recommend that you stand your ground and refuse to give up a single penny. You claimed interest so that is a good thing. And that means that if it goes to trial – although it will take longer you will keep on accruing interest at 8% which is pretty good by today's standards. Please let us know what the further particulars of claim were going to be. Also, why is it that you didn't file them within 14 days as you said you would on your claim form.
  23. Have a look at the letter I have suggested. See whether you think that it is appropriate, whether it is accurate. You may not want to refer to the threat of an action under the equality act and in fact you should only make this threat if you feel that this is something you would like to pursue. We would help you. In terms of the overpayment and the estoppel – you must send the letter referring to all of that in the way that I have suggested. Once again, a successful plea of estoppel relies completely on demonstration of utmost good faith and so proper communication and explanation is essential. I can tell you right now that with the risks that we have explained to them in the above letter and the very small amount of money they are claiming that they want to recover from you, there is pretty well zero chance that they would begin a legal action. I don't think you have to worry very much.
  24. Although she doesn't benefit from two years employment protection, she does benefit immediately from the equality act and on that basis she could alleged discrimination. There is a fairly short time to make a complaint under the equality act – six months – but I can imagine that the company would probably be pleased to avoid this kind of scandal and would want to settle. Especially a well-known high street name such as Specsavers. What was her role. Did she work in a customer facing role? In terms of the overpayment – I think there is nothing to worry about. I hope you have read the estoppel link. The important thing with estoppel is to show good faith – utmost good faith. Therefore I suggest that she sends a letter – immediately.
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