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    • Thanks. So effectively you paid by cash. Please follow the link to understand your position when you pay by cash or you paid by bank transfer for a used car or anything else. Of course it's a bit late now – but you should bear in mind in the future and other people who visit this thread will also benefit. The dealer says that you were provided with a copy of the warranty. I think it would be worth asking the dealer the date upon which this warranty was emailed to you. In the meantime, your statutory rights will help you to the extent that you are entitled to buy an item – even a second hand car – which is of satisfactory quality and remain that way for a reasonable period of time. What is "satisfactory quality" depends on all of the circumstances of the transaction. Although this car was very cheap, it was comparatively low mileage for a car of that age. It seems to me that for it to pack up so seriously after only about eight months of ownership and only 200 miles or so, that it was not satisfactory quality. You have had some benefit from it. Even though you only drove for 200 miles or so, that was your choice and you could have driven it more if you had wanted – even though this might have meant that the gearbox would have packed up earlier – but you will never know. We will say that you have had eight months of benefit from it.  This means that you wouldn't be entitled to recover 100% of the purchase price. You would be entitled to recover a reduced sum to reflect the use you have had from the car. If we say that a car of that value/age/mileage should normally have lasted you for, say, three years without any serious defects emerging, then we can say that you have probably had something like about 30% of the use. This would suggest that you would be entitled to recover about 65% or so of the purchase price. In principle this would mean that you might be justified in thinking about claiming about £1700. Of course we don't know what the warranty says. Whether it really does exclude work on automatic gearboxes. The reason it will be interesting to see the warranty and to understand what it provided for is that there is an outside chance that instead of relying on your statutory rights, we might be able to say that as you didn't know what the warranty was about, you were reasonable in assuming that it covered automatic gearboxes. Did you pay an additional sum for the warranty? Or was it part of the deal? I think we need to know more about the cost of repairs to understand whether a repair would cost less than £1700 in which case it might be worthwhile claiming for that – or whether a repair would cost more than £1700 in which case it would make economic sense to recover the £1700 and then move on. So I think that we need to understand when was the warranty apparently sent to you? We need to see the warranty. We need to understand what the cost of repairing the vehicle might be.  
    • With only 12% of Tesco Bank current accounts used as primary accounts, the organisation will discontinue this service from 30 November 2021View the full article
    • Roughly it’s only done about 200 miles since I’ve had it . It was a cash loan and then we bought the car with the cash . 
    • Please notice that I've restructured your post in order to introduce spacing to make it more readable – especially on a small screen. So you bought a car and even before you collected it you had to pay an extra £240 to have a cam belt replaced. So we can say that you paid about £2700 for the car. How many miles has it done since it was bought? Are you able to tell us? When you say you took a loan out for the car, was the loan specifically provided by the lender for the purchase of the car? Or was it a cash loan and you then went on to spend the cash on the car?   Also do I understand that the dealer is proposing to sell the car for a certain amount of money and then to help you buy a new one with you making up the difference from your own funds?
    • Had the cam belt changed before we collected it on 3.12.2020. We stated we never had a warranty and he said oh it should’ve been emailed to you. But I never had it.  Fault is , when driving in auto it switched into manual ( which has only 3 gears ) when you turn ignition off them back on it goes back into auto but happens again after a while and on the display it says check gearbox and a spanner comes up. We took it back to garage they drive round in it all week apparently and it never happened so we had it back and then it then started juddering and cutting out completely and i took pics this time of the error message . Took it back to garage and he said it was the actuator. The car is still at the garage as not sure how to process further . My partner took out a loan for the car but paid on his card . 67,611 miles when bought and I’ve hardly driven it . 
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Calculating and claiming costs after struck out claim?


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Hi guys and gals :), I'm looking for a little advice on claiming costs.

 

To cut a long story short the DCA (Robinson Way) got a CCJ against me by filing all the paperwork at my old address despite having already sent correspondence to my new address.

I had a hearing to set the claim aside (which they didn't show up to), and because there were issues with the credit agreement (I know they didn't have one!) another hearing was set up and the claimant was ordered to pay the £75 fee for it.......... which they never did so the whole thing was struck out.

Not only did they fail to pay the hearing fee they also totally ignored a CCA request (and didn't send my £1 back!) and I sent a CPR request which was surprise, surprise ignored again!

 

So now I'm looking to make a claim for costs because not only am I out of pocket for all the bloomin recorded deliveries, stationery etc but the research took up a good chunk of time in the first year of my degree :evil:

 

Any help re: what I can claim would be greatly appreciated

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Did you ask for costs at the hearing when RW didn't turn up, or indeed have the Court awarded you costs ?

 

There is no mechanism for requesting for costs retrospectively, they must be requested for on the day.

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Did you ask for costs at the hearing when RW didn't turn up, or indeed have the Court awarded you costs ?

 

There is no mechanism for requesting for costs retrospectively, they must be requested for on the day.

 

I did request in my draft order that RW pay the cost of the hearing for the set aside.

 

I have spoken to the court manager who told me to send details of my costs with a covering letter which would then be put to the judge.

 

Surely I couldn't have asked for costs at the set aside hearing because there were more hearings to follow, so how could I have known what my costs would ultimately be :?

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looks like you you've got a good Court manager.

 

What you need to do is make a list of everything you've done - court fees, time spent researching, stationary, postage, car parking fees, photocopying etc and it set out clearly.

 

Attach a letter indicating the claim noumber etc and send into the court

 

Litigant in Persons fees are £9.25 an hour.

 

Plenty of info on costs in the links below.

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

  • Haha 1

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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