Help sent MD Vehicle to court dodgy car dealer. Need help filling out forms (notice of part admission)

[pug306]

I purchased a peugeot 106 gti from MD vehicle solution on the 14th of January 2008. I part exchanged it for my peugeot 306 xsi for the amount of £400 and purchased the car for £1000 cash. Darren Nicholson t/a MD vehicle solutions gave me a 3 month parts warrenty for the amount of £250 per claim with me having to pay the first £50 each time.

 

As soon as i got the car back to Swindon the gearbox packed up on me, abs sensor, leaking oil from the rocker cover, gearbox and gasket, breather pipe broken, amongst over faults. Also the speedo wire had been cut which i did not notice until i got home. This car has 124k miles fair enough there is going to be faults but as a trader to sell a car in this condition is unacceptable to say the least.

 

I contacted Darren and stated the faults and he said go though the warrenty. I contacted the garage that checked it over and he said the cost to repair the car would be £900 so the warenty given to me was pointless and i would have to end up paying £200 + because that cost was just for the parts etc and the labour was not included.

 

I contacted consumer advise and they advised me to write a letter stating the problems and what i want for the issue to be resolved. I did indeed do this all recorded delievery. I got a letter back stating that the parts would be replaced in due course (never got them) and that he wanted the mechanic to write a detailed report regarding the gearbox. Also he stated that he would of carried out a pre-delivery inspection to prevent this from happening but if he needed to carry out his pre-delievery inspection before selling the vehicle he could have refused sale of the vehicle to me at the time or sold me the vehicle afterthee pre-delievery inspection. Either way thepre-delievery inspection does not matter to the legislation. The mechanic done this for me and i sent this bac to md vehicle solutions.

 

I then recieved a letter back a month and a half later, the 15th April stating that £100 was enclosed as a goodwill gestue and the warrenty will cover the unknown fault with the gearbox?! The warrenty conviently ran out the day before the date of the letter, even thought this would not cover the gearbox, and £100 where the hell would that get me 2 hours labour? i refused the cheque returned it and stated that a reasonable amount would be £600 which he can do this refund the money paid for the vehicle or for him to collect the vehicle and repair the vehicle which had been at the garage since january! (still is)

He never replied for over a month, i wrote another letter stating, that i tryed resolving the situation amicablly and this was the last correspondence he would hear and the matter would now go to court.

 

I went to my local small claims court filled out a claim form and enclosed all the correspondence and stating that i wanted £1400 for the repairs of the car as i went to the garage again and the total cost to repair the car including passing an mot is £900, i then asked £500 compensation, this was worked out as i had no car since january, i was a student and had to travel to cheltenham via a train daily up until june and also for inconvience.

 

I sent this of in september, i recieved a letter from the court to say that Mr Nicholson has until the 23rd of september to write a defence. He did this and he has twisted everything i have said, i could throttle him arrrrgggghhhh!!! He has offered me £600 and to pay this £50 a month, so i have to wait another year for the money to be completly received when ive already been with out a car for 10 months, i dont think so! As well as this he stated in the defence that he wants correspondence sent to his home address as MD vehicle solutions will no longer operatfrom the 20th of October due to financial difficulties, says alot i guess!!!

 

The thing i am stuck on is filling out the notice of part admission. I will be accepting the £600, because ive got no fight let, i just want this over with and if the business is seizing on the 20th of october and i take this to court i could get nothing?

 

Ive ticked the box, i accept the ampunt admitted by the defendant in satisfation of my claim.

 

It then has three boxes to pick from regarding how i accept the payment i think.

box 1: I accept the defendant's proposal for payment complete all the judgement details at D. The court will enter judgement in accordance with the offer and will send the defedant an order to pay. You will also be sent a copy.

box 2: The defendant has not made any proposal for payment complete all the judgements details at D. Say how you want the defendant to pay. you can ask for the judgement to be paid by instalments or in one payment. the court will sedn the defendant an order to pay. You will also be sent a payment.

box 3: I do NOT accept the defendant's proposal for payment complete all judgement details at D and say how you want the defendant to pay. Give your reasons for objecting to the defendant's offer of payment in the space opposite. (continue on the back of this form if necessar.) The court will fix a rate of payment and send the defendant an order to pay. You will also be sent a copy.

 

I think i tick box 3 but not to sure. The judgement bit states the following:

D Judgement details

If you are not accepting the defendant' proposal for payment, say how you would like the judgement to be paid.

 

I would like the judgement to be paid:

box 1 (immediately)

box 2 (by installments of £ per month)

box 3(in full by )

 

Considering ive been with out a car for 10 months i obviously want the money in full asap but do i tick box 1 or box 3?

Im bit confused.

 

Ive had nothing but trouble from MD Vehicle solutions, do not buy anything from that garage, they rip you off and if you have a problem they basically dont care. would be great to hear from a local newspaper or national to let other people know what hell ive been through and i would not want anyone else to go through this atal.

 

Thanks

[aj84]

I know nothing about this so Im sure someone will be over to help further but my gut feeling would be option 3

And then appeal/explain why you are declining their offer... simply because you want a refund as quick as you paid...they didn't expect you to pay £50 for a month ... nor do you for a refund!

[pug306]

Thank you thats what i thought but i just wanted to make sure i thinking on the right lines. Thanks:)

[Cheslea Cruiser]

pug306 .. consider yourself very fortunate. I purchased a Peugeot 206 from JTR Cars in Croydon,Surrey which turned out to be a pig. 15 misrepresentations on the advert, several faults and a false mileage. I been through the hoops with contacting the dealer, trading standards, county court summons,warrant of execution, bailiffs and VOSA ... I have got absolutely no where