No response from the dealer at all.

[shedder101]

right

 

i have sent the dealer a letter before action letter today, as well as sending the CCco a further complaint, it looks as if they didnt even read the documents sent as they said i couldnt claim the full amount of the credit card payment.

 

i have explained again its not the full amount just my costs, as well as that they say the dealer is not in breach of contract, so have explained the sales of goods act to them.

 

middle of the month is when i decide if to continue action to small claim court

[shedder101]

just an update still nothing from the dealer or the CC co

 

they have untill the 18th so i will see what happens

 

i will keep you informed

[shedder101]

OK

 

No reply from the dealer by the cut off date, letter from cc co saying there decition stands. I have phoned them and asked to rase the claim higher, still waiting for a call

 

 

Looking like I will have to go to court listing the dealer and cc co

[sailor sam]

Thanks for keeping us updated. I suggest you use that link I provided earlier and claim the interest as well.

[shedder101]

Right I have commenced small claims court listing the dealer and cc Co. I have sighted the sales of goods act and section 75

 

I will let you know what happens.

[Diesellily]

Hey Shedder, have been avidly reading your 'story' so far, I really hope you get the compensation you deserve. When it's all sorted, come back and name & shame!! Then we'll all stay away from him.!

[shedder101]

Thanks for your support. I will keep you informed of the out come.

[shedder101]

To keep you all updated the court papers have been sent so I will have to look out for the post. I won't hold my breath.

[Conniff]

Wit a bit of luck the CC might decide it will reverse the payment rather than go to court, if they do, it must include you expenses as well.

[shedder101]

Had a response from cc. Co stating an investigation and one from the court stating they are defending the action and asking for 28days

 

Still nothing from the dealer

[sailor sam]

I think now the CC know that you mean business, you will be hearing from them very soon. Don't forget anything they offer must now cover your court fee as well.

[Diesellily]

Keeping fingers crossed you win your case.

[shedder101]

thank you

 

tomorrow is the last day to respond to the court papers.

 

cc co have still nothing from the dealer

[shedder101]

hi all

 

well today was the last day for a response from the dealer, cc co have but according to the web site the dealer hasnt.

 

i am know a bit confused

 

can i ask for judgement when one of the defendants has responded to the claim or is it two separate claimants so i can file for judgement on the dealer

 

any advice would be appreciated

[shedder101]

Hi all

 

i could really do with some response for the question above CCco have responded and intend to defend the dealer hasnt even acknowledged the court papers

 

so can i request judgement on one defendant or do i have to wait till the defence is done

[GuidoT]

If there is no AoS or Defence from the one party then you can request default judgement against that party.

 

Did you use MCOL?

[shedder101]

yes i used MCOL

 

so i can ask for the one default with out the other that will be fine

[GuidoT]

Yes, you can do that on MCOL.

[shedder101]

ok i will do it now

 

many thanks

[GuidoT]

Then you need to take steps to enforce the judgement if not paid, as I suspect will be the case.

 

In the meantime continue with the claim against the other party.

 

If you are successful against one party and are paid then you cannnot obviously pursue the other party for the same sum.

[shedder101]

yes understood

 

i read on one thread i can apply for it to be upgraded to higher than the bailiffs from the local court. the other bailiffs get better results i believe

[GuidoT]

Yes if you go down the High Court Enforcement Officer route it is way better than using the County Court Bailiff.

 

I would link to my thread on this, but the search function is not working very well at the moment due to a server upgrade.

[shedder101]

ok thanks i will look out for it later

 

all done on the judgement, it was a tick box selection to choose who you want the judgement for very simple to do

[dw190]

You should advise the Finance Co. that a Default Judgement has been registered against the other party. This may prompt them.

 

Last time I did a claim for my daughter against both a trader and finance co., the finance co. didn't respond and the trader defended so Judgement was registered against the FC. The trader settled and at a later date the FC asked for agreement to set the Judgement aside which was agreed subject to the paying a £25.oo admin fee or our time. They paid.

Edited October 12, 2012 by dw190

[shedder101]

i informed the cc co by telephone today, they said ok its being investigated that was that