So the court have send their letter requesting immediate payment. There has been no payment made. Next steps?

Letter before small claims court claim [My address] [Supplier's address] Dear Guy WhoRipsOffOAPS Reference: Refund of Kia Piccanto NL13 AHC As it has not been possible to resolve this matter amicably via multiple emails or attempted phone calls, nor will further phone calls be accepted by you to resolve this matter, I write in compliance with the courts Pre-Action Protocol to notify you of court action if you fail to settle the outstanding sum in full. Amount outstanding: £3655 Requested action: Full Refund. This should be returned to the original form of payment: Debit Card. From you I am claiming a full refund for the Kia Piccanto reg NL13 AHC which is currently in your possession and currently available for sale. You have an obligation to refund immediately the initial payment made for this car in January 2024, which has already been verbally agreed multiple times on the telephone yet has failed to materialise. I look forward to hearing from you within the next 14 days. Should I not receive a response to my letter within this time frame and having given you sufficient time prior to this letter then I anticipate that court action will be commenced with no further reference to you. Court documents and evidence have already been prepared will be submitted to the courts on 27/03/2024 Yours faithfully,

RBS have come back, they have decided there is insufficient evidence and will not be processing any chargeback. Ive checked and its not a legal right and so i cannot quote any laws to that effect. All because they have asked for proof the car has been returned (a dodgy bloke with a trailor?) RBS are terrible!

Ok ,letter sent asking to make a complaint, the police crime number attached, demanding a chargeback, escalation to financial ombudsman etc. etc. Also, phones Leicester police, reported dangerous car resale and fraudulent garage - they now have to make a visit

nice ideas guys, but its not me, the father in lw was on the phone for 2 hours and then told them to - he wont be calling back. On with court then!

Rang them AGAIN today They have closed the original dispute ! Reopened it. Told them I want a charge back they said they cant do it until its been investigated and would not budge. Looks like they are useless! Im going to demand one by postal mail

unfortunately we called them, they put us through to disputes and then we go around again, they ask us to email and send them the evidence for the dispute Unsure how to get what we need here. Which.co.uk have a chargeback tool, you send off the letters requesting it to the bank and they process it. Maybe thats a better shot as the telephone people havent got a scoobie

virgin money

Frustrating isnt it. He's been IN the bank and theyve asked for all evidence and will decide once speaking to the other end. They already closed the case once because they didnt get all the evidence needed. Had to reopen it! Ill run him through the process tonight, he's more than overwhelmed with information and processes so Im doing it all for him to get things moving Cheers

hmm, his bank want evidence before reversing it, they need to now speak to the vendor. I see the chargeback process now ill follow this up too.

Thanks As previously mentioned this is already underway with the bank, he visited yesterday and filed the payment reversal The letter will be sent today. Thanks for your help all

Yeah it doesnt say where unless you prove its your vehicle. so, bank method first or both? Hes been there today for a good couple of hours sorting it out and giving all evidence at the bank today

thanks for your help, Ill get a draft organised. I dont think he's at the stage yet where he wants to pack up, he's so far happy to tell us to go away and block numbers, he has plenty of ebays listings and so-on. If we cool our chase he will think we've gone away until he gets his LOC of course. I have new information. The payment was made using a debit card, not a bank transfer. I dont think this changes much Letter before small claims court claim [My address] [Supplier's address] Dear Guy WhoRipsOffOAPS Reference: Refund of Kia Piccanto NL13 AHC As it has not been possible to resolve this matter amicably via multiple emails or attempted phone calls, nor will further phone calls be accepted by you to resolve this matter, I write in compliance with the courts Pre-Action Protocol to notify you of court action if you fail to settle the outstanding sum in full. Amount outstanding: £3655 Requested action: Full Refund. This should be returned to the original form of payment: Debit Card. From you I am claiming a full refund for the Kia Piccanto reg NL13 AHC which is currently in your possession and currently available for sale. You have an obligation to refund immediately the initial payment made for this car in January 2024, which has already been verbally agreed multiple times on the telephone yet has failed to materialise. I look forward to hearing from you within the next 14 days. Should I not receive a response to my letter within this time frame and having given you sufficient time prior to this letter then I anticipate that court action will be commenced with no further reference to you. Court documents and evidence have already been prepared will be submitted to the courts on 27/03/2024 Yours faithfully,

Yep - hes done it twice before since people made court claims against him yes ,they do. and yes, its fairly well established. Im sure if a debt collector turned up asking for the value of the outstanding money he'd have stock we could drive away and sell It did, its valid until june however it is unknown who issued it as its in the paperwork which we never got anyway, I have to send a letter of claim - i dont see a template so I presume i make one up including what is set out in the protocol? Excuse my ignorance, pre-action-protocol-for-debt-claims (2).pdf do I send this to them also or is this step 2? Thanks

Name of the dealer Motor Mart Ltd.11 Woodgate, Leicester LE3 5GH Advertised on Facebook for sale Make and model is a 2013 Kia Picanto they are re-selling it here 2013 Kia Picanto 2 £3,495 WWW.MOTORMARTLTD.CO.UK 2013 Kia Picanto 2, Manual, In Red. DELIVERY AVAILABLE*. Paid £3400 for it and it was delivered. They're in Leicester about 40 minutes away, longer from milton keynes where he resides. To add the car was delivered January 12th 2024 and sent back on 16th with a note: "The discs and brakes are rusty the car is not stopping properly and is juddering this maybe due to issue with ABS. One wheel nut is missing. Cigarette lighter is not working. The boot doesn't open properly, my dad has fixed this however, the boot cover where the button is, is missing which means water can get into the boot. There is also an oil leak at the top of the engine and black liquid coming out of the exhaust"