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    • I've just seen your new post. A letter before action is the same as a letter of claim. You don't need a template. You simply need to inform the garage that the vehicle you bought has developed X defect, Y defect, Z defect. He has already been informed of them and given an opportunity to repair and he has either refused the chance to repair or else he has attempted the repair and it has failed – whichever is the case and so under the consumer rights act you are asserting your right to reject the vehicle and you want him to make the appropriate arrangements to collect the vehicle and to refund you the purchase price – plus any associated losses – and if he does not do so within 14 days then you will sue him in the County Court and without any further notice. Don't make this threat if you're not serious about going ahead with it. On day 15 issue the papers. In the intervening 14 days register with money claim and start preparing your particulars of claim. You can post them here if you want us to check them. Whatever you do, on day 15 you send them the good news
    • Well done Shelley. I'll amend your thread title.   HB
    • I'm afraid that your story is rather overlong. It would have been easier to understand it all if there had been less of a narrative and more of a bullet pointed chronology of facts. Although you informed the dealer within 30 days that there was a problem, the Consumer Rights Act requires that there be a clear and unambiguous assertion of your short-term right to reject the vehicle. It doesn't appear to me that you have done this. This isn't a problem at all because you are still well within six months. I understand that you have given them an opportunity to repair and that you have now rejected the vehicle. This is enough to trigger your rights under the Consumer Rights Act as long as the defects which you are complaining about are sufficient to render the vehicle as less than satisfactory quality. As I say, I haven't read through the detail of your story and I certainly haven't looked at all of the PDFs that you have apparently uploaded but I get the impression that you have been quite meticulous in keeping records. I've looked at the Google reviews of Elite and I have to say it doesn't bode very well. https://www.google.com/search?q=Elite+Preowned+Vehicles&rlz=1C1CHBF_en-GBGB822GB822&oq=Elite+Preowned+Vehicles&aqs=chrome..69i57j0l2j69i60j69i61l2.575j0j7&sourceid=chrome&ie=UTF-8#lrd=0x47d8aa4f43f644d7:0x8e93221101489523,1,,,  There is no trust pilot page for them as yet. Maybe you would like to attend to that. You say that the dealer is fond of using social media so that kind of thing is important. Site team member@dx100uk has already suggested that you issue a letter of claim and that certainly seems the way to go although if you are driven to actually mount a claim and presented in court that I hope you won't mind me suggesting that you need to stop being a little bit more economical about the way you present your case. Just in case there is any debate over the defects which have been discovered and their significance then if you haven't done this already, you should make sure that you have got assessments and even quotations for the work from independent garages.
    • Hello dx100uk. Thanks for your attention and help with this. You had an even later night than me! I clicked on the 'letter before action' link which you kindly gave me. This took me to BankFodder's post 'Small Claims actions in the County Court FAQ - work in progress' which I have read through and also the 'Pre-Action Protocol' and 'Letter of Claim' links. I couldn't find reference to a Letter Before Action or is this the same as a Letter Of Claim? Also, my rejection letter already mentioned a 14 day period (taking us to 05/08/2019) for him to get back to me. Is it ok to send a Letter Before Action now? I only ask as I wouldn't want this to be viewed dimly by the court if it goes that far. I do understand that I need to take action as soon as possible so these are just a few clarification questions. I shall google for some Letter Before Action Templates and put something together. Thanks again.
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MARTIN3030

Consequential loss-Good for your defence

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Heres a very good piece to put in your defence and argue at trial-in particular if you have multiple charges that were applied consecutively.You should use both arguements.

 

 

 

Now that the the OFTs rulings have been universally applied, and them saying they would take legal action against Credit Card Companies levying default charges above £12.00 each,

we are now starting to see Credit Card companies only agreeing to refund the portion of every charge over £12.00. In fact CitiCards supposedly "proved" (I'm using the term very loosely) that this is the amount it costs them per default.

Actually Citi claim that it costs them MORE than this !!!

 

To counter this strategy, it is necessary to use what I call the "consequential charges" arguement. In short what you argue is that but for the bank levying the first X unlawful, or partially unlawful, charges (usually a small number) then you wouldn't of incurred ANY of the other subsequent charges. Accordingly the subsequent charges should be refunded in full.

 

To illustrate this example lets assume that when you first open your account you incur £250.00 of default charges in your first two months of holding the account. Let's further assume that at every subsequent incidence of you incurring a default charge the balance of your account at the time is such that you wouldn't of incurred such a charge but for the PREVIOUS unlawful charges (i.e. you wouldn't of incurred the charge but for the previous £250.00 of charges levied on your account). Under such circumstances according to the BANK'S reasoning you would be entitled to a refund of every one of your "subsequent" charges in FULL and the portion over £12.00 of the initial charges.

 

A second arguement is the "inflation" arguement. Basically, the arguement goes that £12.00 today would be equivalent to £10.00 six years ago. Not much of a difference but the combined effect of this and the above arguement, in some circumstances, can be much more effective than the above one on its own.

 

Both of the above arguements would usually be brought up in a reply to a Defence. It is important to put at the start "the Claimant denies the Defendant's allegation that the Defendant's refunding of the portion of every charge over £12.00 relieves it of its liability to the Claimant".

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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That is a very well written article Martin and I am surprised you haven't put it as a stickie ;)


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FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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I had though of it-I wanted the Citi claimants to see it first-I think it will also be good for the Egg forums-Citis sister card.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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It might be worth putting it as a stickie so that it is more prominent today.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Yes Ok -a stickie it is then.:)


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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apologies, Martin3030, it was an unfortunate morning to post it up. I thought you were taking the proverbial. Will slap my own wrist later and look at it properly tomorrow.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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To illustrate this example lets assume that when you first open your account you incur £250.00 of default charges in your first two months of holding the account.

 

This wouldn't have ever happened in the first 2 months - Citi historically applied a maximum of £50 per month charges.


Consumer Health Forums - where you can discuss any health or relationship matters.

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Yes this is correct although I did have 3 charges in 1 month-there was £25 applied for return of a cash convenience cheque which was only valued at £15.00.

So potentially if this happened twice in a month over 2 months-you could be landed with £200 in charges.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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