BreadAndButter
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Defence has been Filed.
Acknowledgment of Service
Claim numberClaimantDefendantMotormart Ltd.Defendant's full name if different from the name given on the claim form
Mr shahid ahmedAddress to which documents about this claim should be sent
Personal Details
Additional contact details
Intention
I intend to defend part of this claimSigned
I am the DefendantSHAHID13/04/2024Defence and Counterclaim
Claim number
How much of the claim do you dispute?
I dispute the full amount claimed as shown on the claim form.
Do you dispute this claim because you have already paid it?
No, for other reasons.
Defence
I DISPUTE PARTS OF THE CLAIM
AS WE DID WHAT THEY EXPECTED US TO DO
DELIVERED THE CAR THAT COSTED DELIVERY
URGENTLY WANTED US TO PICK UP THE CAR AS THEY WERE NOT HAPPY WITH
A FEW THINGS WHICH WE AGREED WITH THEM TO FIX
WE PROMPTLY PICKED THE CAR UP STARTED THE WORK
THE DAUGHTER OF MR X SAID SHE EMAILED US SAYING THEY HAVE
CHANGED THERE MIND BUT WE DID NEVER EVER GET THIS EMAIL
WE LOST MONEY ON TWO DELIVERIES
AND THE COST OF REPAIRS THAT DID NOT NEED DOING
WE ARE NOT REFUSING TO REFUND THE AMOUNT BUT WE ONLY ACCEPT £3000
AND NOT THE AMOUNT THE ARE ASKINGSigned
I am the Defendant - I believe that the facts stated in this form are true
SHAHID
13/04/2024
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Thanks
Its so very unnecessarily complicated, why it doesnt give me an upload section on mcol i dont know.
That and date being served and date served is again very pointless "what day did you mail it? " should be the question then its deemed served 2 days later should be automatic.
Ok well its been emailed now for speed anyway
To anyone reading this and sending an n215 by email, it is no longer
[email protected] <[email protected]>;
nor
[email protected] <[email protected]>
as found in online documentation
It is now:
This inbox is now closed - any emails should be redirected to the below email addresses:
IMPORTANT
You will need to send any ‘claim response’ which includes the acknowledgment of service, part admission or defence/counterclaim forms as well as directions questionnaires (DQs) directly to [email protected] to ensure that they are filed correctly. Your email has not been forwarded.
N244 and N245 applications should be sent to [email protected]
All Other Correspondence should be sent to [email protected]
The deadline for documents to be received is 4pm, any documents received after this time will be classed as received on the next working day.
Question
They then have 14 + 5 days to file an acknowledgement
Is that business days or as the crow flies 'actual days'
If so i will apply for judgement on April 16th as the claim was issued on the 28th of March.
AGH! Those emails are rubbish!
It also said "we'd like your feedback" and the link goes here:
SurveyMonkey Survey Not Found
WWW.SURVEYMONKEY.COM
Create and publish online surveys in minutes, and view results graphically and in real time. SurveyMonkey provides free online questionnaire and...That doesnt work either! Utter rubbish
This mailbox is now closed, your email will not be actioned.
Please re-send your document or enquiry to the mailbox dedicated to your query type, from the attached list.
Only use one Mailbox per enquiry.
When sending us documents please ensure you comply with the Practice Direction 5B
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b
Documents not complying will not be accepted, in particular if it is over 10MB or 25 printed pages in size.If your query is in relation to IT issues when accessing MCOL or PCOL - Please redirect your query to [email protected] OR [email protected]
** If your mail relates to a subject access request or freedom of information request, please send your request or query to [email protected]**
THERE IS AN ATTACHMENT:
Mailboxes in place from 28th February 2024
Claims in the Paper journey and Claims in the MoneyClaim Online (MCOL) Journey, where documents cannot be filed via MCOL.
Acknowledgement of Service, AOS
Claim Response, N9A, N9B, Defence, MCOL response queries, N225a intention to proceed, Counterclaims, Replies to defence
Directions Questionnaire, N180, DQ
A request for Judgment, N225, or N225a - requesting Judgment
Notice of Acting / Notice of Change / Address Changes, Certificate of Service, COS, Confirmation of settlement or payment, request for claimants’ details to be confirmed.
Help with Fees queries, EX160 forms if filed retrospectively
If there is an ongoing Attachment of Earnings order where deductions are being made from wages and
· There is a problem.
· You have a question about this month’s payment.
· You need to change the address of an Employee or Solicitor attached to this application
An application or query in relation to a Charging Order
An application or query in relation to an Attachment of Earnings Application
An application or query in relation to Warrants or Writs of Control
Report a problem or delay about issuing a new claim.
File or query: An application with a fee payable, N244, N245, Request for certificate of satisfaction, Consent and Tomlin Orders
Sent with 2 minutes to spare. Jeeees.
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Name of court - what would I put - MCOL?
or Northampton County Court ?
I havent been given a court yet in the MCOL dashboard
You need to Update the FAQ aswell as it says an ADDITIONAL 14 days however its not within 28 days of the claim being done, its 14 days of when you fill out the mcol
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Box ticked to give more info of events.
As above entered on MCOL:
Refund of Kia Piccanto NL13 AHC .
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 Amount outstanding: £3655
Requested action: Full Refund.
This should be returned to the original form
of payment: Debit Card.
The car was immediately returned when it was found to have multiple faults, within 30 days Under Consumer Rights Act 2015
This refund has not been completed under this act after multiple attempts to make contact and multiple promises.
Detailed POC, sent to defendant today.
XXX County Court (not yet known so not included)
Claim no. Lxxxxxxxxx
Between
xxxxxx (claimant)
and
Motormart Ltd.
Further and Better Particulars of Claim
- The claimant purchased a car, Kia Piccanto, for delivery, registration NL13 AHC described as good condition and good working order with MOT over the telephone. He paid the asking price.
- The car arrived on 12th January but had multiple issues and was not fit for purpose.
- The faults included: The discs and brakes as a whole are rusty, the car juddered heavily under braking and would not stop properly. A wheel nut was missing (dangerous). Cigarette lighter was not working. The Tail would not open properly and the boot cover for the release is missing meaning water can come into the car. There is also an oil leak at the top of the engine and black soot is coming out onto the driveway. None of this fits the original description of the car.
- Motormart Ltd.accepted the claim and picked up the vehicle on the 15th January with a note from Richard with all of the faults.
- As a gesture of goodwill on his part he has put £30 fuel in the car and did not wish for this back.
- Since then, multiple phone calls have been made in an attempt to retrieve the funds for the car. The claimant was told he would have to wait a long time for this refund, that he was a liar and now the company have blocked his phone calls
- Family members have since tried to converse with the company but received either verbal abuse themselves and/or blocking of their number also.
- The company display on google maps a picture of an AA registered garage scheme poster, however they are not registered with the AA after making a formal complaint.
- The claimant wished for a refund of the returned vehicle which has never been processed.
I believe that the facts stated above are true
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can i clarify the detailed poc must be sent to the defendant If so it needs to go today 24 hour post as time is up tomorrow
cheers
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41 minutes ago, BreadAndButter said:
so i need to send this to the defendant by post?
"I will provide the defendant with separate
detailed particulars within 14 days after
service of the claim form."is on the base of the poc the court has sent them so I guess i must send them on asap
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Ive just logged in and its status is 'issued'
but nowhere to add further details of the poc?
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ok thats where the process QA confused me it says
Q. If I check that box, when do I send detailed POC?
A. You must send the full POC within 14 days of the claim having been served. You send it to the defendant directly. You must then file a certificate of service with the court within a further 14 days.
That contradicts what you say?
I havent done anything with the FURTHER POC as I dont know the court name
- i guess i upload this to the MCOL if they are sending it to the company
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so i need to send this to the defendant by post?
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Initial short statement
Refund of Kia Piccanto NL13 AHC .
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 Amount outstanding: £3655
Requested action: Full Refund.
This should be returned to the original form
of payment: Debit Card.
The car was immediately returned when it was found to have multiple faults, within 30 days Under Consumer Rights Act 2015
This refund has not been completed under this act after multiple attempts to make contact and multiple promises.
Ok thats been filed.So, now onto the detailed POC
POC ready but i do not yet know the court
XXX County Court
Claim no. Lxxxxxxxxx
Between
xxxxxx (claimant)
and
Motormart Ltd.
Further and Better Particulars of Claim
- The claimant purchased a car, Kia Piccanto, for delivery, registration NL13 AHC described as good condition and good working order with MOT over the telephone. He paid the asking price.
- The car arrived on 12th January but had multiple issues and was not fit for purpose.
- The faults included: The discs and brakes as a whole are rusty, the car juddered heavily under braking and would not stop properly. A wheel nut was missing (dangerous). Cigarette lighter was not working. The Tail would not open properly and the boot cover for the release is missing meaning water can come into the car. There is also an oil leak at the top of the engine and black soot is coming out onto the driveway. None of this fits the original description of the car.
- Motormart Ltd.accepted the claim and picked up the vehicle on the 15th January with a note from Richard with all of the faults.
- As a gesture of goodwill on his part he has put £30 fuel in the car and did not wish for this back.
- Since then, multiple phone calls have been made in an attempt to retrieve the funds for the car. The claimant was told he would have to wait a long time for this refund, that he was a liar and now the company have blocked his phone calls
- Family members have since tried to converse with the company but received either verbal abuse themselves and/or blocking of their number also.
- The company display on google maps a picture of an AA registered garage scheme poster, however they are not registered with the AA after making a formal complaint.
- The claimant wished for a refund of the returned vehicle which has never been processed.
I believe that the facts stated above are true
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Defendant - is it the individual or the company Im claiming against?
erm.
I checked google maps it shows a corner of grass
also nothing on here but a london address match
Access Denied
WWW.PARCELFORCE.COMSo the director is a scam then, one for later.
The only address i can use then is the garage address?
Luckily i sent a notice to both addresses before claim.
Ill send it to the office address in Leicester as thats now the only one i have.
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Yep, 11th posted here originally and sent out on the 13th recorded
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Still no sign of any contact nor money.
Time to get ready for court claim tomorrow
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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,
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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!
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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
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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!
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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
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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
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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
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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.
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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
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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
Motor Mart Ltd. returned Faulty Car Court Claim Issued
in Vehicle retailers and manufacturers
Posted
i know, fantastic eh - Cost of repairs that did not need doing (why would you repair something that isnt broken)
Also some new lies there.. two deliveries - they imply they fixed it and sent the car back - they didnt, they took it back and its up for sale!
Also have all evidence of emails, confirmation of calls via email, confirmation of calls resulting in them being abusive (so resulting to email)