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  1. Tomorrow we are partaking in mediation via telephone. I’ll let you know how it goes!
  2. Today I received a further letter from lawfistics with a copy of their form stipulating they would like to opt for mediation. Watch this space
  3. Thanks for the replies. Yes, £1100 - I fully agree, banger territory! However, with a change in circumstances, it was a car that was appealing for what we needed it for, plus with the garage's reputation on top of that - we thought it would be a safe purchase. Lesson well and truly learnt. The form has been sent off (recorded) and we have opted for mediation to see where that get us. Will keep you posted.
  4. Hi, I received a further letter today from the courts requesting I complete a Directions Questionnaire, or ideally chose mediation (which I am happy with). The defence is - There is no evidence because they refused any contact with us. I would of welcomed an arrangement where they had the car inspected. I am happy to mediate personally, but from the above, I doubt they will do so. I found their defence somewhat insulting too! Also the final paragraph - it isn't a poor decision (in some sense I suppose it is), but surely that can't change what's in black & white when it comes to legislation and responsibilities? Any advice? Thanks
  5. That didn’t work however I contacted autotrader and received the ad: THIS CAR WAS TAKEN IN PART EXCHANGE NOT MECHANICALLY CHECKED OR INSPECTED SOLD AS SEEN, no guarantee or warranty, HPi clear, 12mths MOT just done, some age related marks and stone chips, dent on pass rear wing see pictures, clean and tidy example, view and test drive before you buy, Air-Conditioning, Manual Air-Conditioning, Model 6000 CD/Radio, In Car Entertainment (Radio/CD), Electric Windows (Front), Air Bag Driver, Central locking, Power-Assisted Steering, Adjustable Steering Column/Wheel. White, clean example taken in part exchange, first to drive and view will buy, be quick clearence priced, £ p/x to clear Has this weakened my chances?
  6. hi DX Once they submit their defence, am I right in assuming it is assessed and then some form of decision is made as to what to do next? Stu - I cannot for the life of me recall seeing sold as seen in the description on AutoTrader, nor do I have paperwork to stipulate such other than a receipt to confirm the amount paid, how and who to. On the day of purchasing, I messaged my friend to let the know of the car I had purchased and attempted to use the images/link on autotrader to let them read over, however the advert was immediately removed. Thanks for the links!
  7. Thanks Andy, I have read some advice on the consumer website on what happens etc, but at this point will the garage then write back with their reasons as to why they refuse to mediate/help and am I then given the option of pursuing further, or can I at least submit further evidence? On the initial claim, I put in as much as I could, but was restricted to how many words I wrote! I am hoping that my willingness to mediate helps me..
  8. Hi all, Just checking in with an update. I have submitted a claim via small claims and today have received an acknowledgement that the company wish to defend "all of the claim" and that they have 28 days to do so. I am curious to ascertain what will happen now? I expect they will hit me with "sold as seen", but again I've been informed this is a motion that cannot be pursued; is this true? I also anticipate an argument of the fact the car is high mileage and old, but again, who expects a car to die within less than 2 months?! Thanks all
  9. Finally spoke to Barclays! Manager states as it was ‘chip and pin’ it’s sold as seen?? I argued the toss of what’s the point in visa protection, to which he said I should of used PayPal?? Absolutely disgusted. Anyway, making an appointment with CAB this week to hopefully get help with the small claims. This is causing so much stress, even though fortunately it’s £1k
  10. Phoned bank today, expecting a call back tomorrow from a manager! In the mean time, are there any guides on processing small claims proceedings? Thanks
  11. Hi guys, Apologies for not replying, between Christmas and shifts life's been hectic (and obviously car issue) I sent my letter before court and received a response on the 4th of this month from their "law firm" one sentence telling me to refer back to their original letter - nothing will be done about it. They also got my registration wrong, very professional! I have been on at the bank numerous of times and I am hitting walls on this chargeback, the handlers do not understand what I am asking, when put through to some form of team leader I am immediately fobbed off. Where am I going wrong?! I assume it is now to issue a small claim? Can some lovely person please advise the next step? I would love for my bank to assist, but I'm failing - I am aiming to go in to a branch directly, but I assume that won't work either. Thanks guys
  12. Thanks dx I contacted Barclays, twice! First person didn't understand what a chargeback was, I asked to speak to my local banking team who were somewhat helpful. They state it cannot be done as it was with a debit card, however if I had used my barclaycard then they could take action? I find this somewhat irritating as I honestly thought even on a debit card I was protected. I have the receipt from paying with my debit card and it was issued by WorldPay. I know from experience in my previous job as I have dealt with chargebacks (investigating moreso), that worldpay do take action, however usually on the fraudulent use of cards. Could it be worth speaking with them?
  13. Thanks guys - your words mean a lot! I have spoken to Consumer Protection today (joys of shift work!) and have advised I send a "letter before court". I have used their template online, however have had to change some wording as the garage have replied whereas the template states no response. Does anyone have any idea as to how long I am required to give the garage for a response? The letter states 30 days, to be honest I don't want to drag this out - but if 30 is the standard, then that's fine. - "to be honest I don't want to drag this out..", I am happy to proceed further via small claims as this has royally knocked us back; I mean I would rather not wait 30 days for a response (if any) regarding the letter before court letter until I can proceed with the small claims! Is this suffice (assuming I do not have to wait 30 days, I have put 14 taking in to account the Christmas period) Letter before court claim , Re: faulty Ford Focus I am once again requesting a full refund of the purchase price of £1,100 on the grounds that the goods were not of satisfactory quality under the Sale of Goods Act. I enclose a copy of the proof of purchase. I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree. To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem. If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs. I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction. I look forward to your acknowledgement. Yours sincerely
  14. Thanks for the advice, I do plan on standing my ground for as long as possible! I will update consumer protection tomorrow, am I right in assuming this will go directly to a small claims now? I'm absolutely gutted, we used our savings to purchase the car in bid of making our circumstances better, which lasted a few days shy of two months. I was unfortunately naive to rely on their reviews. I also fail to understand how they can use the argument of it not being mechanically tested etc, say for arguments sake something dreadful happened with the car whilst it had occupants (i.e an issue causing it to crash due to being unroadworthy), could that argument still be used? Somewhat unrelated/dramatic I know, but I just fail to understand how that can be thrown in someones face, if it was a scrap dealer/battered car dealer I would understand. Thanks again folks
  15. Hi all, Just an update. I sent the letter off acting on my partners behalf (the registered keeper), however received one back stating they would not deal with someone who is not the keeper, so a new letter was sent signed by my partner. Letter received is from a lawfirm who specialises with the motor trade stating "This car was taken in part exchange not mechanically checked or inspected sold as seen You were therefore fully aware that you were purchasing a risk and that you were accepting that risk when you agreed to buy the car. That said, the vehicle was structurally sound at the point of sale because it passed an MOT a few days beforehand. Despite the prominent warning sign given in the advertisement and despite it not mentioning having any service history, you seemingly waited until the car died before taking it for a service. Given all of the above and given the age of the car, its mileage and price paid as well as the fact that a turbo is a serviceable item, our client regards to advise that your request for repair is politely and respectfully declined". In the letter sent, we did not mention the vehicle being dead. We stated it was advised it will die. How can I wait for the car to die before taking it for a service? I took it for a service to attempt to rectify the issues and receive advice. I can confirm the advertisement stated "sold as seen", nothing else. Is this the end of the road? I plan on speaking further with consumer protection, I am willing to go further, however the garage appear to have already shown their hand by involving a "law firm" right away! Cheers
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