Thank you. We are trying to arrange the familiarisation court visit. The offer made by garage has motivated my son, galvanised things almost, so I think we will be preparing for his day in court. I will keep the post updated.

Post #41 has the incorrect DQ so can be deleted. The other attachment on post 41 was the email that was received with the DQ and was uploaded only to highlight the copied in legal representative who is here - Legal Solutions 4 U | Motor Trade Warranty Administration WWW.LEGALSOLUTIONS4U.CO.UK Apologies for the mishap.

Will do and thank you. I know that our date to submit the DQ was the 22nd.

Possibly a bit quick off the mark as the response went before the red text edit but a reply was received as attached. Cheers. 2nd Email NW Autos 21.9.23.pdf

I wish I could with confidence say yes to something to try to recover but it's been time more than anything - educating myself / son with the help here but no real financial expense or outlay. The fact that the garage held the deposit was the hardest blow as it's a lot of money for my son and it delayed his purchase of a car until I could step in to loan the money and I'm not quite sure how I would quantify that.....

Afternoon, Update after some contact from NW Autos today and general. Our DQ was posted in time via signed for to the court with a copy with proof of postage to the garage. We have not had sight of their DQ yet. My son let a few calls from the garage go to voicemail today with a message being left along the lines of returning their call to discuss the court case. No call has been or will be returned. Then the garage followed up with via email as attached to this update. Thanks again. NW Auto Email 21.09.23.pdf

Good Morning. In terms of the DQ, it looks straight forward – I hope. A - Yes to Mediation () B - Address C – Yes to small claims D – Suitability without a hearing, I presume that this is a no? That's correct E – Location of our choice, it would be Chester. As the claimant is a private individual and the defendant is a well resourced business E2 – Expert advice – No. E3 – Witness? I’m not sure I do have my son’s supervisor who verbally confirmed the deposit and I did that same when we entered their premises in person to cancel? Not sure on this one. Probably not needed – although get a witness statement which we would like to see please E4 – no noted dates that do not work for us. I trust we must also provide a copy to the defendant at their business address. It is worthwhile sending both copies via signed for delivery?

Ref: Post #25. Nothing signed at all. Based largely on the fact that we didn't see or speak to anyone in person other than to say to cancel the sale.

Evening, Directions questionnaire received along with a paper copy the defence. I have tried to provide a concise response to the defence points 1 -13. With regard to the 'supervisor' this person was present when my son called to garage to enquire about the vehicle. He personally spoke to the sales person to ask if the 'deposit was a holding one and refundable' to which the reply was yes. Furthermore, he was also with my son the day after, the only other day where the vehicle could have been inspected as per their claims and he can also provide a statement that my son worked 08:30-17:00 and could not get to the garage to view the car. Then on the day of entering the premises to cancel, I can act as a witness to confirm we still did not view the car. 1.North West Automobiles Ltd is a limited liability company, the companies registered office is 24-26 Canterbury Street, Blackburn, Lancashire, BB2 2HP. The company registration number is 05323539. Agreed. 2.The Defendant is an independent car dealership who holds in excess of 550 Vehicles valued between £1,000 and £100,000. The Defendant sells used Vehicles to the general public. Unknown to me. 3.In or around the 13 July 2023 the Claimant contacted us and expressed an interest in purchasing a Volvo C30 registration DE11 PLN which he had seen on our website. Disagree, an enquiry telephone call was made after seeing the car advertised on Autotrader.co.uk and not on their own website. There are no details on the listing or any of their cars for sale that would suggest that deposits are non-refundable. 4.The Defendant does not operate a distance selling scheme as defined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, hereinafter referred to as the CCR 2013 which is confirmed within their website terms and conditions therefore it was a term of the agreement that the Claimant was to attend the Defendant’s dealership to undertake a physical inspection of the Vehicle. The car was listed on other sources such as autotrader.co.uk and motors.co.uk but it was the advert specifically on autotrader.co.uk that was seen that led to the sales enquiry via telephone, so the implied terms were not known to us. The Northwest Motors own domain website was never accessed or known of during the sales enquiry. The telephone call did take into account a ‘holding deposit’ which was agreed but on the basis that it would be refundable should the sale not conclude. 5.The Claimant proceeded to attend the Defendant’s dealership and undertake an inspection of the Vehicle and was happy with the overall condition of the Vehicle. Disagree. At no time was the advertised car ever viewed even when visiting to cancel the sale. 6.It is accepted that the Claimant placed a deposit of £500 on the Vehicle. Agree, a holding deposit was placed on the car at the initial sales enquiry on the 13th of July but on the understanding it was refundable. 7.The Claimant then contacted the Defendant after they had undertaken an inspection of the Vehicle and advised that they sought to cancel the agreement under the CCR 2013 as they could not obtain insurance for the Vehicle. Disagree, no inspection took place, but we did physically enter the premises to cancel on the 15th of July as on way to complete to sale, it turned out that insurance could not be obtained. 8.The Defendant denies that that the CCR 2013 apply in this matter as they do not operate a distance selling scheme. ? Did not appreciate that a business can opt out of the CCR? 9.Further and in the alternative, the Defendant pleads that even in the event that they did operate a distance selling scheme, the CCR 2013 would not apply in this matter as a distance contract is defined as “a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.” ? Cannot comment confidently but my understanding is that we are protected by the CCR? 10.The Defendant avers that as the Claimant had attended their dealership and undertook an inspection of the Vehicle, the communication did not have the exclusive use of distance communication as the Claimant attended the Defendant’s dealership. Disagree again, at no time to date has the car been inspected. 11.Further the Defendant seeks to rely upon the following clause within the terms and conditions on their website “all deposits are non-refundable. Money placed on a vehicle to hold and remove from sale will not be returned under any circumstance. Make sure you have appropriated the necessary funds required to complete the purchase of the Vehicle. We ask you think about affordability of purchase before securing the Vehicle. Northwest Autos are a non-pressure sales business. Deposits will hold a vehicle for a maximum of 7 days unless agreement has been made with management by email.” Disagree, the terms above were not made known at the time of the deposit being place. In fact, my son’s supervisor was present with my son in their company vehicle and when my son was talking to the dealer on speaker phone, the supervisor specifically spoke directly to the salesperson ‘Ahmed’ to confirm that the deposit was a refundable holding deposit that would be refunded should not son not like the car. The supervisor can act as a witness in this respect. 12.The Defendant pleads that the deposit was non-refundable as per the terms and conditions set out above. The Defendant cannot be liable for the Claimant being unable to find affordable insurance as their terms and conditions expressly state “make sure you have appropriated the necessary funds required to complete the purchase of the Vehicle. We ask you think about affordability of purchase before securing the Vehicle.” Disagree, no such terms are detailed on reputable sales websites such as autotrader.co.uk which is the source of the advertised car that led to a sales enquiry. 13.The Defendant denies all liability in this matter. I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Disagree based on fact and truth. Hope this helps but more than happy to tweak/edit and or revised based on your guidance. Thanks again as ever. truly appreciated.

Thursday 13th July, 09:29. Telephone enquiry made as to the car DE11 PLN based on advert on Autotrader.co.uk Thursday 13th July, 09:44. BACS Payment of £500 made to North West Autos via mobile banking app. Friday 14th July, 13:45. Telephone call made to North West Autos to request a receipt for deposit. Friday 14th July, 17:15. Further telephone call made to North West Autos to request receipt for deposit. Friday 14th July, 17:58. Receipt for deposit received from North West Autos (This does state deposit is non refundable) Saturday 15th July, 09:38. Entered the North West Autos premises in person to inform them that the contract was to be cancelled. The salesperson provided a business card with an email to provide bank details for refund. Saturday 15th July, 10:52. Email sent as requested with bank details requesting refund. Phone call logs, emails, google map timelines and my option of a statement from my son's supervisor who was present during the sales enquiry who specifically tried to nudge my son around checks to deposit and refund on speakerphone and who was also with my son the following day at work - i.e. he could not inspect the car etc in the timeline due to work. Anything else, please let me know but I think the above is the short timeline and based on fact.

Thanks again - Claim form and Defence Form attached as .pdf file format. Much appreciated! Redacted Claim Form.pdf Redacted defence and counterclaim.pdf

Good Morning, A defence/counterclaim form was submitted by North West Automobiles. Frustrating that the response is based on simple lies around us visiting to inspect the car (the car was quite honestly never seen physically) no inspection took place to approve condition etc. With regard to their terms and conditions, the car was first seen on the autotrader.co.uk website where this dealer has a large presence , their own domain website was only searched out, once we realised that they were not a reputable dealer. The defence also weaves in details of how the proposed purchase does not fall within the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Thanks for the help again. I will make the revisions as suggested and for the reminder for my oversight with regard to the interest. My son is the claimant. Much appreciated again.

Morning, No further contact since an email to advise they were investigation. Letter of claim above was sent on the 31st July. MCOL account open and I hope to have a sensible, short particulars of claim below ahead of sending on the 14th. I'd be very grateful to hear of any comments or suggestions. Thanks in advance. -------------------------------------------------------------------------------------------------- The claimant agreed to remotely purchase a used car specifically a Volvo C30, registration plate DE11 PLN from the defendant on the 13th July, 2023. The defendant specifically requested a bank transfer which was made via mobile banking The claimant placed a deposit on the car of £500. The agreement was entered into over the telephone and therefore is subject to the distance selling regulations in place at that time under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The claimant withdrew from the contract 2 days later on the 15th July. The defendant has refused to accept the cancellation of the contract and refuses to return the deposit of £500. The claimant seeks the refund of £500 plus interest pursuant to section 69 County Courts act 1984 plus court costs.

Draft pasted below for ease of review and suggested amendments. DX thanks for the tips on the search function, that method did in fact throw up some useful resources. Northwest Automobiles Blackburn Ltd 4-26 Canterbury Street Blackburn Lancashire BB2 2HP 31 July 2023 Pre action protocol letter of claim. Dear Braeden / Aftersales, Reference: Outstanding refund of £500 deposit in relation to Volvo C30, DE11 PLN. On the 13th of July 2023 I made a BACS Transfer of £500 as a deposit for a used vehicle that was advertised on the Autotrader.co.uk website, vehicle details: Volvo C30, registration number DE11 PLN. This deposit was made remotely via my mobile banking app after being advised by ‘Ahmed’ your salesperson that bank transfer was the only acceptable method of making a deposit. Two days later, 15th July 2023 I informed you of my right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, whereby I had a 14 day’s cooling off period. I followed up my initial right to cancel to you verbally and via email several times, not limited to 15th, 21st and 26th July 2023, the most recent being the 26th via royal mail recorded delivery and via email. Under the above Regulations, this unequivocally constitutes distance selling and I put it to you that you have failed to satisfy the requirements of the said regulations in relation to distance/off premises sales. I remind you that at no point had I physically viewed the car in person, and I note that one of your email responses dismissed my right to cancel within 14 days’ as you state work had been done to the vehicle. In line with the pre action protocol, I hereby give you 14 days to return my bank transfer of £500. Please note that I am not prepared to accept any other arrangements or compromise and that failure to comply will result in a court claim being issued against you on day 15 from the date of this letter of Claim and without further notice. I am confident in obtaining a judgement against you and this will include at least an order for costs and suitable expenses because of you withholding my £500 deposit that is preventing me unnecessarily from sourcing another vehicle. Yours faithfully, XXX