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Everything posted by pringles1981

  1. @BankFodderI've made some slight tweaks to the letter, would appreciate your thoughts.... also I'm not sure to keep the bits in bold - what do you think? /-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/- I am the executor of my father’s will and as such I have authority to bring legal proceedings against you on behalf of his estate. On 2 September 2019 my father bought a Jaguar XF 3.0d V6 vehicle, registration number XXXX XXX, from you. You know all the basic facts but for the record I'm setting them out here for your information and for the benefit of the court
  2. I'm not holding back from sending it at all. I think the letter is pretty much done and ready to go, but wanted my sister to read it this evening to get her thoughts so I will post it on here later tonight. I'm also looking into whether the legal expenses cover with my / my parents home insurance will assist with legal representation if and when it gets to court
  3. But he hasn't once said that he wants money from us, or indeed that we need to pay for the repairs carried out. The only time he has made any reference to this is in one of our final conversations (end of March 2021), he said that "I was doing this as a favour for your dad". And when he spoke to my brother in law around about the same time, he said that he "had an agreement with your father in law (my dad) that he would contribute towards the cost of repairs if it was getting to a certain point regarding costs". But this so called conversation between the trader and my
  4. There isn't a written message as such where he has refused access to the vehicle, however when I have asked for where the car is being kept a number of times when speaking to him on the phone, he said its "at a garage around the corner from his". When I've asked to speak to the mechanic working on the car, then his response is that "he doesn't want to get involved, so you need to go through me".
  5. @BankFodder- just a thought, can I sue the trader for both breach of contract (i.e. faulty goods) and conversion? Or do I have to choose only one, and then stick to that? IMO its a bit of both, he sold us a faulty car due to the issues we had, took the mickey (attempting to) repair, and now has the car in a worse condition that it was before he had it off us, plus wont tell us where it is or show us photos. I've been re-reading and reflecting on your comments from the beginning and considering the alternative, i.e. including the bit about giving us access to the car within 14 day
  6. Thanks for the quick response, and for the suggested wording. I will review and amend accordingly today, and send back for your final glance. I kept the ADR in as a way of showing that I would happy to discuss with mediation, and if an acceptable offer was put forward then of course we would consider it. As he hasn't responded to the offer of ADR so far, its unlikely he will to this anyway. Aren't some of the conciliation services offered free? Do you have it in writing from him that he refuses to tell you the location of the vehicle? Or why he moved it? - I don't hav
  7. Hi, - How does the below sound? Thanks... 14 June 2021 Letter of court claim Dear XXX Re: Complaint about faulty goods I have not received a reply to my letters dated 6 April 2021, 22 April 2021 and 1 May 2021 despite strenuous attempts to contact you regarding the faulty goods (i.e. the vehicle, a Jaguar XF 3.0d V6, reg no: XXXX XXX) which my late father bought from you in October 2019. The letters explained what is wrong with the goods and why I am entitled to a refund. Very shortly after my father purchased the car from
  8. I 100% made notes following phone conversations so that I could look back on it if needed. Unfortunately, my father didn't, however I have his phone log history with the trader (which is quite lengthy) which shows the extent to which he was in contact with him. I also have the screenshots of the text messages from my dad's phone, and my phone. I will get the ones from my brother in laws phone too. I was going to print them out, as screenshots per page, but the index thing sounds like a very good idea too. It might take me some time to do, so I will make a start on tha
  9. Wouldn't the letter of claim be classed as the 3rd letter I sent on 1st May? Or are you saying it needed more detail? And that I needed to act on it on the 15th day, and because I didn't I need to send another one?
  10. I sought advice from Citizens Advice and my employee assistant service at the beginning of this saga. Had I known or come across this forum, I would have asked for step by step advice from yourselves to help me. I only came across this webpage following an internet search with a few keywords, and I registered straightawaty. And I do appreciate all the advice and time you have spent reading and responding to me. And obviously I want to take advantage of the system wherever possible but also be seen to following the correct procedures etc. Like I said, I've never been t
  11. Why on earth would I be misleading you? Everything I have told you is fact. Do you really think I have nothing better to do than spend my days speaking to people, getting advice, on how to move things forward, especially as I have spent a lot of time over the last 6 months trying to sort this out. And I agree this shouldn't have gone on longer than it did. Like I explained my father was too trusting for his own good. If I had known then what I know now, I would have definitely intervened. I was advised to set out in paragraphs so that he can either admit, deny or non-
  12. I'd rather take the chance with suing him for the refund and losing, and then potentially having to pay for moving the car and repairs, than to do that now and spending money on a car that quite simply we do not want to keep any longer, and potentially risk losing more money, if that makes sense. I am not protecting him at all - quite the contrary actually - I am trying to protect myself so that he cannot use the fact that I have used his company name in an open forum and affected his company's reputation You are entitled to your opinion and I respect that, but given
  13. Furthermore, it would be most unlikely that the repairs needed would be as much as the small claims limit - what do you mean by this? Do you think it will be more? At the moment you have no idea what's going on, the value of anything, and you are proposing suing him for the entire value of the vehicle. - yes because I am not interested in keeping the vehicle, I'd rather get a refund and he ca do what he likes with the car And what would happen if I take the car away from him, get the quote for reparations, and he refuses to pay, which I'm sure he will, otherwise he would ha
  14. Has he actually given you a clear list of the work that he thinks needs doing and of the money involved? The answer to this question is no. Because he is not the mechanic, its always been very vague answers such as "the engine was driven without any oil, therefore there are engine issues", or "the turbocharger has been sent for repair / reconditioning", "the crankshift needs replacing" "the crank is being re-conditioned", "the engine has been put back together but no joy". But i have not seen any evidence / paper trails that parts were purchased, reconditioned etc as he said. Have
  15. The understanding was that he was supposed to repair the car , but has either been unable to do so or simply not done so. The car is in an undriveable condition and to be honest It wouldn’t surprise me if parts were now missing from the car due to the length of time he has had it for. He wants us to pay for the engine which was not agreed by myself or my dad however it’s not as if I can take the car off him to get a second opinion. But it is obvious that the goods (car) was faulty and not in a satisfactory condition and more so, the length of time it has taken for
  16. No I haven’t contacted the ICO. I haven’t been advised to by either the Citizens Advice service or my employee assistance service. What would the SAR be for exactly?
  17. He says it needs a new engine which is what he said back in October 2020 to my dad but was going to sort it for him. Since I’ve been dealing with him, it’s be a vague description of “waiting for parts to be fitted” and when questioning him further he couldn’t tell me specifically which parts were needed. Then the story was the the turbo charger needed reconditioning, and the crank shift needed replacing which was the reconditioned too apparently. But this apparently hasn’t solved the issue and says it needs a new engine. Now all of a sudden as my dad is now longer here, he i
  18. Under the Consumer Rights Act 2015, goods supplied must be of satisfactory quality. In this case, the car was not of satisfactory quality as had problems 2 weeks after my dad had the car. Also, the Consumer Rights Act 2015 states "“service to be performed with reasonable care and skill” and “service to be performed within a reasonable amount of time”. In this case, the length of time it has taken to carry out repairs has not been acceptable and the "skill" is questionable too, as the car is no longer in a driveable state which it was prior to it being sent back to the garage in Au
  19. I think your comments are quit harsh to be honest. What was I supposed to do after every deadline? Ring the trader? The letters were sent recorded delivery and I have proof of delivery from Royal Mail so if he didn't want to respond then that's down to him. It will show the court that he was not willing to resolve this amicably, and has had ample opportunity to. And like I have mentioned before, both my father and I have been communicating with him via phone calls, and texts. I didn't just send the letters out the blue. I was calling him every day / every other day from about mid
  20. I don't mind privately messaging you the name of the company but I don't want to include it on an open forum whereby anyone (including the trader) can search and view the conversation
  21. The company is still active - was incorporated in June 2012. The company was previously trading under a different but similar name from Sept 2009 - Aug 2013, but the company was dissolved. The dissolved company had 3 directors, one of which is the director of the current company, that I have been dealing with.
  22. thank you @honeybee13 It is registered as a limited company and the "company director" is the person that my dad / I have been dealing with
  23. how can I check this information please, re the Phoenixed, and outstanding judgments? And how can it add to complications if they are an independent business?
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