Deposit to test drive - refusing to refund *WON IN COURT*

[nufsaid]

Originally Posted by joegarthy

Ok - letter went out to trader stating facts. He received it yesterday recorded.

Response received by return! Dreadfully written stating that I should take him to court and that he has legal representation!

So here we go...small claims....any advice willingly received.

Cheers

This is identical to my guy maybe the same chap I won after he was summoned to court and didn't attend I got my money back and all fees which for me were £1000's as the value went above the Small claims track.

The small claims track is much easier and not as daunting as you may feel it is, the court staff are usually really nice and helpful all that I had dealings with were.

[joegarthy]

it's an independent trader...

interested in your situation nufsaid....was it exactly the same situation?

[nufsaid]

No I sued an independent dodgy car dealer for selling me a smashed up and rebuilt Zaferia after a week the boot wouldn't close right so I took it to Vauxhall who informed me it had had the rear end replaced and not well either you could see road through the boot the back end of the car was filler :o nice as when I looked at the car and the day I picked it up I had my 4week old baby and older daughter with me these car dealers are scum on another level below bottom feeders.
I will dig out my file and find all the organisations that helped me as even though mine was a different situation there are ways of dealing with these fools.
My guy wrote back to me with bad grammar and misspelled words throughout basically saying if you sue me I will just right it off against tax ect ect... with a load of abuse.
Always stay calm and above board in your letters to him it will only go in your favour if his resonses are abusive.
Will help as much as I can will dig out file later and have a looksie it was a few years ago now.

[JonCris]

Originally Posted by joegarthy

If you can help with this, I'd be truly grateful - I've just had the most aggressive trader on the phone telling me to f*** off.

I went to see a car last weekend, it was inside a warehouse, crammed in alongside others, and when I asked about test driving, I was told that i'd need to put down a deposit to take the car off sale, and then it would be prepared for sale subject to test drive.

I phoned on Monday to give the £500 deposit refundable subject to test drive.

I drove the car yesterday, ready with my part-ex to do the agreed deal but didnt like the car.

Dealer tells me there is nothing wrong with the car and that we had agreed the deposit 'Subject to test drive no faults found' - i.e the final 3 words implying that there would have to be a fault for me not to buy the car.

So aside from him lying, and it now being my word vs his (naively I have no written record), what can I do? Doesnt seem right that even if you take his 'no faults found' line that this is fair, not to mention the fact he is lying.

Any help, in whatever form would be very welcome.

Thanks in advance

This 'dealer' wasn't in deepest Yorkshire was he by any chance & did you find the vehicle off the internet??

[fed_up_uk]

If you phoned the deposit, what type of card did you use?

[joegarthy]

no to yorkshire....further south.
deposit on mastercard - although they're useless - see earlier part of thread.
where is the small claims hearing? in the county of the problem or in my county?

[fed_up_uk]

So I see, sorry I must've missed it. I have to ask did you sign anything with this trader? One would assume that if the deposit is supposed to be against the purchase of the car, the deposit would naturally be taken after completing paperwork. Otherwise is there anything to say what this trader has taken money for? If not, definately go back to your card company and say funds have been taken for no reason.

[jonni2bad]

Hi again joe

You can start this claim online if you like, it's relatively straight forward so doesn't need an overly complicated Particulars of Claim (the bit where you state your case) or, if you prefer, you can download a claims form (N1), fill them in at home and return them either by hand or post to the court.

The only thing about online claims is the limited number of characters and lines of text that you can use. If you're in no rush, I will write some Particulars for you this weekend...?

The claim will be heard at your local county court, unless there are good reasons why the defendant cannot attend that location, but that is rare.

There is a guide to using the online (MCOL) service here...
http://www.consumeractiongroup.co.uk...col-right.html

Along with links to the court service guide here...
Her Majesty's Courts Service

and the actual online service for claims here...
https://www.moneyclaim.gov.uk/csmco2/index.jsp

It will cost you £45 to start the claim, but this will be added to the 'amount' of anything awarded should you win. You are very unlikely to have to pay anything if you lose, other than the original £45. That would be up to the Judge and is only typically awarded where the claimant has taken action vexatiously.

[joegarthy]

thanks jon - again much appreciated...your particulars stuff would be most helpful

[Zamzara]

Surely the definition of a test drive is that you are not making a decision whether to committing to buy the car until afterwards. Even if you mentioned subject to faults, 'fault' in this context is not limited to those in the Sale of Goods Act and could be something like you don't like the feel of the seats.

Originally Posted by joegarthy

no to yorkshire....further south.
deposit on mastercard - although they're useless - see earlier part of thread.

Useless or not, you can name them as joint defendants.

[joegarthy]

zamzara - like your thoughts alot... here's hoping Mr Judge chap (or chapess) thinks the same way... let common sense prevail!

[joegarthy]

Too many words for the MCOL, so now onto N1 - are there any user guides for this on here? Where it states 'brief details of claim' - can I just say "see attached"?

Thanks

[nufsaid]

Good luck JG there are a fair few guides on the courts web site about form filling I don't know where they are on here sorry you can phone your court as well they are lovely people normally and are there to help if your stuck.

Keep us up to date.

[jonni2bad]

JG, sorry about the delay here - as per usual, just when you think you are getting some spare time, something comes along!

Anyway, I will, if you like create a pdf version of the N1 form for you pre-filled. If you would like to send me a PM, I can discuss a couple of things with you first.

This is not an obligation, by the way, merely an offer - you are not obliged to accept and I certainly wouldn't take offence!

[joegarthy]

OK - Latest Update for you all!

Sent letter by special delivery and got a response the next day. The response was littered with spelling mistakes, no grammar, basically an extension of the crap seen previously. Certainly no potential for a climb down.

Court papers filed. Have now had his 'particulars of defence' (much more professional now so I'm guessing he has now got advice). He states:

1) The claimant visited the defendant...
2) The claimant was told that if wished to purchase the vehicle he would need to place a deposit to proceed with purchase.
3) The claimant later telephoned the defendant and placed a deposit on the vehicle.
4) The claimant was told that he would be required to place a deposit which would be returned subject to a test-drive and only if the vehicle was faulty. The claimant agreed and left a holding deposit over the telephone.

There are another 8 points, but none as contentious as 4). He absolutely did not mention the 'only if the vehicle was faulty' and this forms the basis of my argument.

Anyway, I now have an allocation questionnaire to fill in. Some help please...

1) What is a pre-action protocol? Have I done this? Dont think I needed to
2) Amount in dispute is increasing with interest on a daily basis - what amount do I put in here? What was in the original court notice?
3) In other information, how little or much should you attach? Every correspondence we have had? What information should be included to help the judge manage the claim?

Any information gratefully received....hope this is all ultimately worthwhile... Oh and is it a coincidence that the creditcard used to deposit the £500 was violated to the tune of £1,600 2 days after the court summons arrived?

[JonCris]

I particularly love no 4 as obviously they haven't told whoever wrote it that there was something wrong with the car hence all the problems with delivery

Have you had further monies taken from your card & if so by whom?

[joegarthy]

Fraudulently...so who knows....but what a coincidence.....