Moderator: Moderators
Unless someone has a log book loan against the carWelly wrote: It's nice to know though that Mr Johnny-Finance won't come a'knockin in a few months though..........
And my Reply.P Swift of Claims Management & Adjusting Ltd wrote: Hello nick,
The following is an e-mail sent to you by MCTB via your account on
"406oc.co.uk". If this message is spam, contains abusive or other comments
you find offensive please contact the webmaster of the board at the
following address:
[email protected]
Include this full e-mail (particularly the headers). Please note that the
reply address to this e-mail has been set to that of MCTB.
Message sent to you follows
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Date: 17 Jul 2010
Your Ref:
Our Ref: J07A984/PBS
Dear Sirs,
Re: Defamatory / libelous postings @ http://www.406oc.co.uk
We are instructed by MyCarCheck (MCC) in respect of the information that
appears at:
viewtopic.php?f=5&t=11555&hilit=mycarcheck
whilst we appreciate that 3rd parties post comments, we understand these
remarks are ‘moderated’ and ask that urgent attention be given to the false
(defamatory) remarks that you host.
The issue is about mileage and the data MCC provide. MCC ‘s entry to the
market place has in no small way brought down the cost of pre-purchase
enquiries. Despite their charge likely being the lowest they do not
attempt to have people increase the fee by offering worthless extras.
Mileage is a perfect example and sadly, grossly misrepresented by your
member ‘flyerdave’.
Only if MCC hold mileage data about a vehicle will the enquirer be offered
this facility. Therefore, if data was offered to ‘flyerdave’, it would
have been supplied. No system is perfect, there are over 24,000,000
vehicles recorded at the DVLA and MCC has a mileage for a great proportion
of these. However, errors can occur; MCC provides data supplied by third
parties and mistakes happen. In such instances, if someone is told there
is mileage, pays £5 for this and is not supplied any mileage, they are
entitled to and would be provided a refund.
We (the claims handlers for MCC’s Guarantee) have had no opportunity to
investigate this matter, to ascertain what has occurred and resolve the
issue because, disappointingly, it does not appear ‘flyerdave’ has
approached MCC. This is, to be blunt, unreasonable. We have not been
afforded to opportunity to respond; there is no reference in the
‘flyerdave’ posting to MCC’s response.
To confirm that the comments I have made above about being offered mileage
are correct, I have this morning undertaken a check at http://www.mycarcheck.com
of a vehicle in respect of which I know there is mileage held EX08***. I
completed the front screen, selected £3.99 check and progressed (no payment
required at this stage) the be advised:
Mileage Check
We have a previous mileage record available for this particular vehicle,
this optional check costs £5.00. Do you wish to perform a mileage check?
Yes No
I then repeated the process using a new VRM, in respect of which I thought
it reasonable to believe there would be no mileage data, EX10*** . The
‘Mileage Check’ box did not appear.
To address flyerdave’s comments on your site:
My Car Check website
by flyerdave » Sun Jul 11, 2010 12:28 pm
Hello all,
A word of caution!
I used the website "https://www.mycarcheck.com/" to discover details of a
car that i am about to purchase. I was very disappointed as I realy wanted
to confirm the mileage and although they promised this on their details
page, when i paid my £9 and did the check, they said that they did not have
the details of the mileage.
So if you use this site beware you may not get what you paid for.
This should be factually incorrect. I stress ‘should be’. As advised,
mistakes can occur over which MCC has no control. However, where they
arise, these will be addressed and resolved promptly. We have no record of
any dispute relating to this issue nor has a claim been submitted via
http://www.cma.uk.com/mcc.htm
The second entry submitted is frankly outrageous.
Re: My Car Check website
by flyerdave » Tue Jul 13, 2010 8:49 pm
I am more and more fed up with companies and businesses that don't do what
they say they will do. The only way to stop them is not to use them so they
go bust.
Goodbye "My Car Check" We can manage without idots and cheats like you.
I have a growing list of businesses that will never get my custom ever
again.
Buyer beware!
MCC do precisely what they say they will. If mistakes occur they will
resolve them – but we cannot do so unless they are brought to our
attention.
MCC and / or their staff are not idiots
MCC do not cheat anyone
I suspect it will come as no surprise to you that we wish the remarks
removed without delay. We suspect this will not pose a problem as they are
clearly in breach of your ‘Terms of Use’ (attached)
Please confirm that removal will occur by close of business Monday 19th
July 2010.
Our thanks in anticipation
P Swift
Claims Management & Adjusting Ltd
16/07/2010 12:29
ucp.php?mode=terms
406oc.co.uk - Terms of use
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Nick wrote: Dear Mr Swift
With regards to your email which was received earlier today, I have
taken the time to read the email, and the associated posts on
406oc.co.uk, and as a result I have prepared the following email for
you.
406oc.co.uk is a public forum, where anyone can join, take part in
discussions, and find out about a variety of different subjects, not
purley about Peugoet 406 cars. As a result of this, the web forum has
grown exponentially, and now has over 2100 active users, and over
87,500 posts. 406oc.co.uk did not become the popular site it is by
stifling or restricting free speech.
I have several issues with your email, however I will state outright
that one offending posts WILL BE changed, and a copy of the changed
post will be submitted to you below.
Firstly, contacting the owner of the board on a Saturday Afternoon, at
1511Hrs, and expecting forum administration to be completed within 2
days, which equates to 1 business day, is simply not possible.
Frequently, I am away from access to a computer for up to a month, and
I am the only person who has access to the functions you require. I
would appreciate any future correspondace to take this into
consideration.
Secondly, the site's terms and conditions (which you helpfully
attached from the site) do state that "You agree not to post any
abusive, obscene, vulgar, slanderous, hateful, threatening,
sexually-orientated or any other material that may violate any laws be
it of your country, the country where “406oc.co.uk” is hosted or
International Law."
I fully appreciate that you interprit the comments posted by one of
our users to be slanderous in two posts, however I feel that only the
second post deservers to be edited, and then only slightly. The first
post is a general reference about bad service that the user feels he
has recieved, and as a result, I cannot fault, nor will I edit his
post for that reason. As you are aware, we all have the right to
complain. We all have the right to moan, and we do not need to speak
to the company that caused the alleged problems first before we do
that. Imposing those rules would effectivley be saying to our users
"Only post nice things about people and companies, unless you have
already complained to them, and only if they cannot resolve your
complaint".
I assume you have read the full topic located at
viewtopic.php?f=5&t=11555 and have read that
other users defend your position. This is the idea of a forum, where
people can discuss issues, issues like these, not to be muted whenever
a bad thing has been said. Im sure you can appreciate that.
The first post, the users states "So if you use this site beware you
may not get what you paid for. " I hope you would notice the "may not"
statement. As stated, the first post will not be changed. Also, as
stated in your email, computer systems are not full proof. Unless you
can show a log of when the user access the site, plus a copy of all
the code that was transmitted from your servers to his browser client,
neither you nor the user can dispute that claim. I will instruct the
user you mentioned to contact you regarding a possible technical fault
with your site, however I will not be invloved any further.
The second post, which states "Goodbye "My Car Check" We can manage
without idots and cheats like you." shall be editied, and that
offending line removed. This I do feel may have slanderous content.
The email sent to me, and the reply I am sending to you, shall also be
posted into this topic. I am open and transparent regarding any issues
or complaints we recieve, and I am happy for the users to discuss this
topic.
Thank you for taking the time to read this email, and I hope that the
resolution proposed is satisfactory. If not, please feel free to send
another email with any other problems you may have, however I feel
that 406oc.co.uk have assisted reasonably both with your enquirey and
request.
Yours Sincerely
Nicholas Twigg
Administrator, 406oc.co.uk
DaiRees wrote:I got the "premium" standard fit system in mine, 10 speakers, changer, JBL amp. I'm quite happy with it for listening to the radio / CDs or my "teach yourself Welsh" stuff on the way to work
) I'm in full agreement, but because it is so close to the wind, it's better to be safe than sorry. The full email, plus reply, and the original post has all been saved to be on the safe side.turbolag wrote: It's none of those things. It's actually potentially libellious, but even then only if the person posting knew it to be untrue beforehand.
If he is simply relating his experience exactly as it happened, he commits no offence, either civil or criminal.
IF the service advertises that it will confirm the mileage, and IF it then has not, then our hero is perfectly entitled to tell us, his Mum, his MP, or us about it. Similarly, if the service received was excellent, he would be similarly entitled to tell us about it.
"Goodbye "My Car Check" We can manage without idots and cheats like you." is simply a statement, and makes no claims as to the efficiency or honesty of the services offered, or the personnel providing them. It is close to the wind, but it is by implication and not by direct reference, so is not quite over the mark.
I can not see than any deliberate untruths have been aired, so see no problem. I'd print that email off Nick, and keep it as emergency bog roll. The best way these people could have negated the original post would have been to offer a plausible explanation, and thus remove our heros grievance - instead they resort to seemingly heavy handed tactics and immediately escalate to a level disproportionate to the perceived infringement. They've left themselves nowhere to go from there, really, which is simply bad conflict resolution.
The way in which they dealt with the issue speaks far louder than the original issue raised by our member. Nuff said.
DaiRees wrote:I got the "premium" standard fit system in mine, 10 speakers, changer, JBL amp. I'm quite happy with it for listening to the radio / CDs or my "teach yourself Welsh" stuff on the way to work
I was going to say how their email is more damaging to them than anything that is or was on this forum but Turbo's kind of said it already 