Taxi Driver Online

We have trackers fitted to our vehicles. Last September we changed to a different company because they were offering a cheaper option with better features. However the trackers were totally unreliable and once they lost the mobile signal they would not work again until the company had reset them which was of no use to us whatsoever. some were down for days and in one case weeks. so in January we told them to take the units out of the cars because they were not fit for purpose. And this is where the problems started. They want to charge us for the removal and the full cost to the end of the contract. This week we get an enforcement notice saying that we owe about £2500 but we have never seen the invoices. We have no access to the online account because our log in has been disabled. However they keep saying that we have accessed the account even this morning whilst on the phone to them but they still don't believe us. They then said they could provide the invoices at a cost of £10.00 each (I think you can work out my reply). They say tey are taking enforcement action which may include a winding up petition.
The question is, Where do you think we stand with this? Do we have a case for not paying because the things didn't work or will we have to pay?

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Grandad,

If they didn't work then you have a watertight case for not paying. Do you have the proof that the system didn't work? Take the trackers out yourself then send them the invoice for your time taking them out. Do they still install them behind the glovebox?

The cheapest option is not always the best option

They have all been taken out by the people who fitted them. These ones work through the obd port so fitting in most cases was plug in and cable tie the lead. They are charging £55.00 per unit for taking them out and also charging for the full 2 year contract. It does state at the very end of the terms and conditions that the full term must be paid in full if we cancel for any reason. We are arguing that because they didn't work as advertised that this is an unfair condition.
Check out their blurb at www.kinesisfleet.com

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Grandad,

Who do you owe the money to..them or a finance co ..?

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

put in a counter claim for all the weeks they were out of order ?

It does sound like Trevor said that there is a finance company involved and it is probably them that are getting heavy handed

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lack of modern legislation is the iceberg sinking the titanic of the transport sector

Them.

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Grandad,

Not as far as I am aware, it is their own in house department. They are trying to threaten us with a winding up petition.

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Grandad,

Take them to County Court for costs of being unable to use cars whilst tracker system was not working,think they would drop the demands for payment as the goods were clearly not performing the function that they claimed they would.

Trading standards?

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Former taxi driver

Suspect common sense is best approach in these things - you can't always expect a product to be faultless, but you don't have to honour a contract under any circumstances, particularly if the goods or services supplied are patently not fit for purpose.

So it all depends on the precise facts of what went on and what's reasonable. Without some knowledge of the product, the exact details of faults/non-performance and the communications between you and the supplier then people on here are less well placed to judge than yourself.

Talk of enforcement and winding up are very probably just sabre-rattling at the moment. I would stand your ground at this time and maybe offer a wee olive branch and see how they react.

All this will need settling in the civil court.

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IDFIMH

companies often sell the finance side on to another co...but you would have had to sign with that co...……….you need to know who is demanding the cash...

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

don't think the debt is big enough for that; I seem to recall that there has to be every attempt to recover the debt through county court first and you need to demonstrate that the business/individual has insufficient assets to pay to get a winding up petition

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lack of modern legislation is the iceberg sinking the titanic of the transport sector

It is £750 minimum to go for winding up petition. However I believe you are right about them having to demonstrate that we CAN@T pay and that it is not a dispute regarding having to pay. I think the term is "abuse of legal process."

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Grandad,

Claim under the Consumer Goods Act 2015
Dear Sirs,
With reference to the above account number and finally having had the chance to view the invoices we strongly dispute that we are liable for all the sums stated.
The goods did no comply with the Consumer Goods Act 2015 for the following reasons.
The reason for this is because the goods were not as described and were not fit for purpose.
We spent almost 3 months constantly ringing up your company because the tracking devices were not working as stated in your sales literature. In particular the live tracking. This simply did not work with any consistency with some trackers being out of action for whole weekends and even when reported it could take several hours for them to come back on line only for them to stop working again after a day. At no time during this 3 month period did you offer to come out and check if the units had been installed correctly or if there were any faults with the trackers. The main reason for us having your trackers was so that we would constantly know where our vehicles were and keep a check on the driver’s behaviour. This made them totally unfit for purpose. Because the trackers were infit for purpose we believe that the condition stating that we must pay the full amount that would be owed for the complete lease length is an unfair condition. We have tried on several occasions to discuss this issue with your company but to date your company has point blank refused to discuss the issues that we had.
We have no issue in paying for the missing tracking unit and any outstanding fuel. However there should be a credit of £75.00 plus VAT on the account for the Card Guard that we expressly said that we didn’t want.

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Grandad,