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daisymouse1975

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  1. Just received notice that the claim has been struck out, which hopefully means this is all over! Thank you all for your support and help
  2. I will do as soon as we know! We have had hold up after hold up, the dealer making several appointments for mediation then canceling, the latest is his child is ill and can't do anything for foreseeable future, so we are just hanging
  3. Hello, just a quick update, we have submitted all the forms and have agreed to go to mediation but the other party hasn't, the court have now ordered him to reply and advise why he will not go into mediation by 19th @ 4pm
  4. Yes meant to be a specialist car dealership! Wish we had never heard of him, at least the claim gets smaller with each demand, the 1st verbal demand was for 8k
  5. Details as they are stted on claim form: Brief details of claim The claimant sold the defendant a vehicle and took a range rover in part exchange. The Defendant stated the vehicle was in acceptable condition to drive. However the engibe failed shortly after hand over and had to be recovered back to Derby at a cost to baytree. A local garage advised the vehicle required a replacement engine at a cost of £2385.00. The defendant has been advised of these issues bit is still denying he/she misrepresented the vehicle. Despite seeking legal advice and contacting the defendant by letter the claimant is no further forward with this matter. Value Recovery of vehicle £181.80 Pro Driver(delivery & collection) £241.02 Cost of replacement engine £2385.00 Loss of profit on sale £1005.00 Particulars of claim Correspondence, emails and vehicle condition report are attached to support the claim _____________________________________________________________________________________ Thats the full details off CC paperwork As stated before we have several points, the vehicle went 130miles after it left us, our paper work confirms there was no problems before the driver left(even thou now the dealers paperwork now has extras!) The vehicle report states it was 'due to oil starvation, the crankshaft had been so hot it had scarred blue which indicated excessive heat, the pistons had become seized solid in the block and the turbo bearings had collapsed due to oil starvation'. When the vehicle left us it had no lights on and was checked for oil and water, by ourselves and the pro driver, the only thing stated on the pro driver appraisal key sheet was 'annoy damage'(on our copy that we signed anyway) on the sheet given to the court someone has writen engine smoking oil light on turbo failed! at least we kept copies of the original
  6. his claim is the vehicle was unfit to drive, when it left us it was fine apart from the turbo fault. The driver who collected filled out carbon copied forms confirming this, which we have 2 copies of. The dealer has entered this paperwork to the court BUT on his copy it now says Turbo fault, smoking engine and oil light on, these are not on our copy so can only assume they have been added after the event. This seems to be what his case is based on as the garage that done the report after the breakdown have stated 'the vehicle should have been stopped when it stated to smoke and the oil light came on, all damage was causeed when the engine blew out its oil' (driver error) feeling very angry about the paperwork being tampered with :@
  7. Court papers came today! He is now claiming £3900 Inc court fees:/ Looking at paperwork he has also sold the vehicle
  8. Have recieved a reply today from the dealer, saying, "He has now prepared a case for the small claims court. However he is willing to expect 50% contribution within the next 7 days to stop it or he will have no choice but to move forward with court proceedings". He is not giving up, more sleepless nights of worry !
  9. Have spoken to Consumer Direct and a solicitor, have sent him recorded delivery the following: With reference to your letter dated 1st April 2011, I feel I must make one final response to you, with regard to this matter. I have today taken advice from Consumer Direct and my Solicitor. Consumer Direct are funded by the Office of Fair Trading. Both of which have assured me that I am in no way responsible for any mechanical defects that have occurred on the vehicle since being in your possession. The vehicle was not, in any way, misrepresented by myself, I made you fully aware of a turbo fault, which you charged me £750.00 for, a costing quoted from Baytree. I would also like to point out that the vehicle was collected by a representative of your company, who inspected the vehicle and subsequently found it to be fully acceptable. The vehicle was then driven some 130 miles. I therefore do not wish to hear anymore from you on this matter, otherwise I will deem it as harassment. It seems a little harsh but its not looking like I have an option!
  10. Received a letter today, ha said he is cancelling our contract and I have 7 days to return the car to him at my cost and arrange to collect my old car( also at my cost) or send him £4000.00 with 7 days! If I do not do either he will be taking me to a claims court, at my expense to recover his loses on the deal :@
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