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Anidog1

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  1. Hello. Update. I contacted HWM to say I would accept the reduced offer of £2,500 but that they had to come and pick the car up. I wasn't going to the extra expense. Also they wanted me to hand the car over a month before they paid me and I said absolutely not. They then emailed me on 3 October to say they are prepared to pay £2,500 within 30 days and collect the vehicle. Please email photos showing the vehicle from all angles and the odometer reading. I responded and please stipulate the date you will making the payment, then once the funds have cleared I will let you know when the car can be picked. I will get the photos to you but as the two things are not synonymous, it shouldn't delay payment. They have contacted me today and said "We will pay this amount in accordance with the CRA provisions, i.e. within 14 days from delivering the vehicle back to us. We refer you to the bill of sale where you agreed to transport the vehicle back to us. We will then carry out a cosmetic appraisal. Upon receipt of the funds, you can then discontinue your claim." This last communication would be appear to be a total contradiction of their previous email saying they would come and pick it up! Also, why would I take it back and wait 14 days? Any advice anyone? Thank you.
  2. Thank you everyone for your comments. I work for a solicitor so have taken advice this morning. I have contact HWM confirming that I am willing to accept their reduced offer, but that the vehicle will not be returned until such time as cleared funds are in my bank, following which, they need to come and pick the car up. I have also received communication from Companies House advising that there is no longer any proposed strike off action as they have now bought their filing requirements up to date. So, I'm still not convinced they are closing. So, the ball is now in their Court, so to speak
  3. Hi, I currently have a Court case going on against Hartley Wintney Motors whereby I am trying to reject a car under the 30-day thing, as the car broke down 29 days after I purchased it. I was notified by the Court that the Judge had ordered for it to be referred to the Motor Ombudsman for dispute resolution. TMO advised that this could take up to 6 months as they are currently dealing with cases older than mine. Yesterday, through the Money Claims portal, I had notification that HWM had made an offer. I am trying to claim back £3,100. That's the cost of the car at £2,500 + the cost of a warranty. So there offer is: "We can pay £2500 on 23 October. You must deliver the vehicle with all keys, logbook by 23 September. If you are not agreeable, business is closing soon, and any judgement awarded in the small claims court is also unenforceable. You will then need to dispose the vehicle." So, firstly, why should I have to return the car? It doesn't go. I would have to pay for a truck to get it back to them. If the business is closing why do they want the car? Why would I give them the car a whole month before they pay me? They could scrap the car and there goes my evidence. Is the business closing? Their website still has over 60 cars for sale. Are they just trying to force me to take their reduced offer? I have checked on Companies House and in June they filed a notice for compulsory strike off. One week later the strike off action had been discontinued. I've also contacted TMO to try and ascertain if this offer is in conjunction with them, as I haven't received any communication from them advising the same. If my matter is still waiting to be dealt with by TMO, why would HWM just randomly make an offer, when from the beginning they have been adamant that I am in the wrong? I would very much appreciate any thoughts from people. Thank you.
  4. Update: I have received notification from the Court saying it has been ordered that: 1. Stay and refer for mediation to The Motor Ombudsman's Alternative Dispute Resolution (ADR) service. What happens now? Do I wait for the Ombudsman to contact me?
  5. Sorry, being a bit thick, but how have I? By merely contacting them and asking for my money back?
  6. So are you confident the judge won't award them the claim because I didn't agree to ADR?
  7. Yes I think I have to respond to it by 28 May. What worries me is the lies. They're saying they asked for a casualty report and a written fix quote commensurate with the age of car and price paid. They're saying I was uncooperative but at no time did they ask for this. They're saying I agreed to a contractual repair and do not even have the choice of rejecting for a refund. They're saying I did in excess of 1000 miles since sale and has agreed to a 45pence deduction as per the bill of sale. This equals £450. I don't even know what they're on about?? And the bit that concerns me is I didnt give any consideration to ADR and the defendant reserves their right to a cost order against me. What resolution could they come up with? The car is pucked, I just want my money back! I've just got a feeling they're going to work their way out of it on a technicality!
  8. From Money Claim, HM Courts & Tribunals Service notifying me that HWM had rejected my claim and asking me to sign into my account to view HWM's response.
  9. The email I got said HWM have rejected your money claim. Then I've gone on to my account and have downloaded their defence.
  10. Been notified they have rejected my claim. Still saying I'm outside the 30 days because I didn't email them via the address on the bill of sale, I only texted the salesman, which they are denying in its entirety, even though I have screenshot his reply. It's not the biggest dealership in the world and Adam seemed to be the main man, apart from one other chap. I was referred to their claims dept, who they later informed me was the owner? The details on their defence claim states Dave Cohen as the manager. This is a totally new name to me. Is there any way to establish the employee/management details of a company, other than phoning and asking them? I've checked companies house and it only details the owner, whose name bears no resemblance to the man who was the claims dept and then the owner!
  11. Update: I issued a letter before claim and the 14 days were up last Monday. Have sent a claim to small claims court. HWM gave said they will defend this to the fullest. Apparently timescales for such action vary between 9-11 month considering when they could attend court. They will ensure to note this in their directions. Their buy back offer of £1500 stands, subject to agreement. They have never made an offer! I tried to explain to them that it is not for them to decide when they can go to court. The court will notify them. They have until 20 may to respond. They can extend by 14 days but that's it. As predicted, I was notified by Money Claim that HWM have extended by 14 days! So, hopefully they see sense and don't let it get as far as Court.
  12. I uploaded it like that! It's the hmtl version of the pdf they sent me. I was hoping someone with a bit of IT background would be able to tell me if there's anything suspicious about it. We think the section headed Engine looks suspicious, as the pdf version is just boxes that have been ticked with a biro. I want to know what that text under the engine section means. As I believe the document was doctored.
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