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Kaiser81

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About Kaiser81

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  1. I was aware of that and looking for a bit of guidance on my proposed text to see if anything should go in or be taken out I am almost there on space available so that I can trim or expand as needed but any help/guidance is appreciated
  2. Yes have ticked that will send full details later as cannot tel full story in space available. Will check over terms and conditions but from memory nothing was stated and the small print on back of agreement form makes reference to the sales of goods act 1979 which was replaced by the cra as I understand it so I am assuming that the conditions of that would not actually be valid, Your views would be most welcome
  3. The court costs seem to be added by the system as you progress through so will be included. The system also adds in the interest at 8% per annum charged daily on a pro rata basis as lin as I tick a box at the start of the form. So I think I’m good to go
  4. I have revamped this your views please I have left off the damages for lack of enjoyment and I have incurred no costs so far for storage, with regard to returning the vehicle I am not happy to drive it in it’s current condition so my assumption is that the dealer needs to collect The claimant bought a motorhome from the defendant motorhome dealer on 23rd March 2018 for £23500. On the day of delivery and over the following few days various defects were noted and the dealer advised. The claimant contacted the defendant by email 11th April 2018 followed By registered Post outlining the faults and informing the defendant that he was asserting his right to reject under the Consumer Rights Act 2015 as the goods were not of satisfactory quality or fit for purpose and that he wished to have his money refunded. The defendant has refused to honour his statutory obligations and has made no contact with the claimant since 11th April 18 The claimant claims £23500 the purchase price.
  5. I tend to agree your thoughts re mediation and for me the ideal outcome would be that they collect the vehicle and refund what I am outstanding as due to their falsehoods around the reasons for late delivery I feel that the work carried out and any future work carried out would entail trust issues. The other issue is that for them to agree any form of mediation they need to make contact to discuss it and as they have failed to respond to emails and letters I suggest they will not respond until the correspondence comes via the court and by then I will have incurred another £1200 pounds. I have not suggested any form of mediation to them in correspondence to date.
  6. Thanks for that I will amend/adapt to suit. As far as loss of enjoyment is concerned I have not had to cancel anything as nothing was booked because the beauty of a motorhome is the spontaneity of going away which we have not been able to do as perceived wisdom is to not use the vehicle whilst in dispute that’s why I am looking for guidance on what might be reasonable. My restdays from work are in blocks of five with 4 days working in between and I would normally have looked to go away at least three times since the motorhome was delivered but my point is that I haven’t had anything booked so I have no tangible cost to recover.
  7. I looked at that but thought it was supplied to the defendant not the court so that’s why I put the points in there. I will revamp it to include the breach of contract with a generalised break down of the faults, and then submit more details in the extra section
  8. I have three days before it expires The format for claiming is quite restricted do I need to explain all the points as well as outline the breach of contract as that would be difficult to do in the space available but I will apply myself to that
  9. I have drafted the claim,having read the advice on the the gov web site around pre action protocols I sent them a final letter to which they have not yet responded. I am wondering what other costs I can claim for other than the recorded delivery charge for two letters. The MCOL site suggests that interest can be charged at 8% but also states that the amount claimed should be for a fixed amount obviously interest would go up the longer this drags on, others have suggested a claim for loss of use/enjoyment what figure if any could be claimed, I recognise the fact that I can only claim for reasonable losses and would not wish to jeopardise my claim by being un reasonable Below is a draft of the claim I would appreciate your views please Purchase cost of a second hand Lunar Roadstar 780 Motorhome NK53JCJ rejected under CRA 2015 Alarm not functioning, wiring to alarm left in dangerous/unsatisfactory condition, cruise control broken, not functioning, windscreen Washers not functioning, door lock not Functioning, over cab bed restraint catches Missing, wheel trims missing, lack of adequate evidence for habitation check/damp survey. Discrepancies in PDI paperwork along with discrepancies in account for delay in delivery resulting in a break down in trust around work carried out or that may be carried out in the future.
  10. Having had no further response from RS I am now looking to progress this. Reading the online advice from MCOL there is a reference to resolving the issue by arbitration in the pre action conduct. Is it for me to suggest this or for them to propose it as an alternative to court
  11. There were some items specified that were completed and some were not. My main contention is that some faults with the vehicle were not discovered in the PDI i.e. the fact that the cruise control stalk was broken and the alarm was removed and the wiring left “protected” by a plastic bag along with other things as mentioned in the original post.
  12. Purchase price was agreed at the dealers subject to certain works being carried out, price was paid on delivery
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