SuperVillain, totally agree! I don't really want to go to mediation though, especially after the fact he's completely lying his bum off. Also we've checked his previous letters and he contradicts himself in these as well, in his first letter to us he states he never offered the refund and has completely back tracked on his defence and states he offered the refund in form of a cheque and we rejected?! plus another few points we have evidence proving hes lied. I do believe the more we mention these points he will be seen as an unreliable witness, as mentioned before. Including the AA report, independent garages statement i think we've got a good case! thanks for reply

Ok, thats interesting then. Well in that case the AA report we have from the breakdown should be more than enough. quick overview - Mrs brought a car, brought it home i noticed the clutch was gone (mrs had only just started to drive), the garage offered to fix the clutch as im sure he was aware of the issue, no questions asked just fixed it. We had the vehicle back with apparently a new clutch fitted, we had to pay £200 towards this. Within a couple of months the clutch completely went. We've had both AA and an independent garage look at the issue and they both say the same thing. thanks again steampowered!!!

Thanks steampowered! i know ive just posted the thread but. since then a couple of points hes raised ive managed to find evidence to prove he was lying. which im ecstatic about. The points being - he stated in his letter that he offered us to get the car fixed at a local garage to us (the defendant is 1 hours drive away) he said categorically that we refused and wanted to use him, which is a lie. We did get quotes and our local mechanic has offered to write the statement to prove this. The other point was that he said a time and date that we turned up to for a refund (which he refused to give us, even though we arranged it with him) he said we turned up within the hour, hence why he didnt offer money. I have work emails and calendar appointments with the director of the company stating that i'd pre arranged the time off to meet the car sales man. This would proved he lied again and that he had plenty of time to arrange money for the refund, which he agreed to (he even states that in his defence) Kenny

Hi all, sorry if ive posted this in the wrong area. The issue ive had is a bit of an on going thing. In a nut shell, ive taken a garage to court trying to reclaim money. The issue was that the vehicles purchased were breaking down all the time, they tried to repair the fault but just couldnt. Then left us completely in the dark and would not help out. We started the legal proceedings and then his communication stated again. Hes defended the claim and has literally written a load of lies. Its extremely annoying that the fact this isnt even a fair fight now, and we have no evidence to prove him wrong, well nothing concrete anyway. In his defence letter, he does contradict himself a little, so this will be used to our advantage. What im looking for help with is, After his defence whats the next steps with MCOL? Do we just fight the case and hope he stumbles on his lies? I've received a offer of mediation from MCOL and dont feel this can help, or is this a good route to go down? sorry very new to this stuff. any help much appreciated. Kenny

Hi, yes we did go ahead with the claim. The 14 days was up on 17th august, but as stated they have up until the next working day 18th august to file an acknowledgement or defence. Although they filed an acknowledgement first thing this morning. Called the courts and they said this is ok for him to do it. Any have any info on this? His acknowledgement has stated he is going to defend the whole claim. And i can only assume hes going to take it all the way. So now he has 28 days from the date of service to file a defence (31st august, which will then be the 1st sept) if he hasnt filed a defence, do i request judgement. or Is it now just a matter of waiting and going to court? thanks all.

Hi, for those that are still following this thread. The MCOL claim has been submitted. not enough space for the claim but im sure i put enough down regarding the issues. lets see how it goes. cheers to all those that helped

i was holding out for his reply email and havent submitted the claim yet.

Hi Guys, sorry for the delay ive been away. we recieved a letter from the car sales and they've stated that they're willing to repair the car. although we'd still prefer our money back. So a few of questions - Do i take him up on the solution? we would get the car repaired and then sell it or do we continue to take him to court? If we did take him to court would we need to respond to his last letter before applying to take the matter to court first? to be honest this issue is dragging out. we're just getting fed up with all this and just want the matter resolved. many thanks

Hi Guys, Just updating. The garage in question received our letter before action on friday. Clearly stated are unhappiness with the level of service and asked how they plan on resolving our case. Hopefully will able us when/if it goes to court. He's yet to even offer a solution and is ignoring us. does this work in our favor. Is there anything else we should do to ensure all avenues have been tried to resolve this? we've registered with MCOL and will be opening the case on friday....is this too early? cheers,

i agree conniff. its been a horrible ordeal dealing with these guys. I'll get that letter written and posted asap. Just for reference, if theres no reply for settlement or help from the garage, take the case to MCOL? Kenny

right, we've left it a little longer to see if the dealer was going to reply. Its now blatent he doesnt intend too, we've warned him of legal action in our previous letter. What should our next steps be? we've registered with MCOL. all help appreciated conniff - the clutch was worn when purchased and the garage have tried to repair it twice to no avail. We even paid a portion of the replacement (£200). The car physically wont go into gear due to the clutch not working properly. its broken down multiple times due to the clutch and the garage arent willing to acknowledge this!

We did pay by visa debit, but this was done the back end of last year. Is it still possible to do a chargeback? Purchased in October 13, but the case has been on going since, December 13. How does that work for me? Cheers, Kenny

thanks for the reply guys! The last letter they received was on the 10/5/14 (signed for). So tomorrow will be 14 working days, although we stated a response within 7 working days. I have no problem leaving it a few more days. but how long? im pretty sure he is the type of guy who thinks we are just bluffing. So to be honest i dont expect a response from him. thanks again Kenny

Hi all, just wanted to post an update. we've sent the trader a letter trying to resolve the matter and stating that if we didnt receive a reply then we are going to take them to court to resolve the matter. We not received a reply for 14 days so we now want to try and get our money back via the courts. I was considering legal advise before continuing, im i right in thinking im entitled to 15-30 mins free legal advise, if so could someone point me in the right direction. Im going to look at local solicitors and citizens advice first. Is there anything id need to do/know before taking these xxxxxxx to court? cheers, Kenny

I know i should have rejected it now. Although at the time i kind of felt bad for the bloke (although i really dont now, suppose im a softy) i also never expected this much bad luck especially with the same garage (2 faulty cars!!!) we have exchanged a letter each and i sent another friday. The last letter was stating our wanting to resolve the matter asap and how unwilling he has been. We offered him him a chance to resolve, and asked how he saw the matter getting resolved. We explained if he had no resolution to this matter then we'd have no other option other than to go to court. Kenny