Purchased car & clutch slipping

[edwardw]

I purchased a vehicle from this company via

ebay on 25/3/2013.

I traveled to london to collect the vehicle,

shortly after returning home and driving the

car a few times, i noticed that the clutch

appeared to be slipping.

I notified .......... via

letter on the 8/4/13 and asked them to

rectify the issue under the sale of goods

act, advising them that by law they have to

rectify my issues with the vehicle.

I received a reply advising that the car was

sold without warranty and they wouldn't be

offering a repair or refund for the vehicle.

I sent a further letter to the company, dated

21/4/13 further advising them of their

responsibilities under law. I have not

received a reply.

The claimant claims interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from 24/03/2013 to 07/05/2013 on

£646.00 and also interest at the same rate

up to the date of judgment or earlier payment

at a daily rate of £0.14.

 

 

Thats what ive put in MCOL...

Is that what i need or something else?

Cheers

[sailor sam]

I think you need to sate that your are claiming under the Sales of Goods Act 1979 (as amended).

[edwardw]

Thanks Sam.

I had to take Yesterday off work to get the clutch repaired, and its gone over into today too, so ive had to take 2 days off.

 

 

Can i add this to the court claim?

Thanks

[sailor sam]

Not sure on that one. Could you not have got to work via public transport is the question they will ask you in court. You could also claim for hire car charges (all consequential losses) but the respondent will be allowed to mitigate his costs. So if the judge thinks you could of got to work by other means which would of mitigated your losses, he is likely to only award accordingly. If you use public transport (or taxis) you could be asked for proof. Same if you end up hiring a car.

 

If it gets to a hearing, you will be allowed to claim for time off work (max of £50 I think) plus travel expenses also. BE WARNED THOUGH; All this is very well but even if you get judgement, there is no guarantee you will get your money.

[edwardw]

Understood,

If i get a judgement, and dont get the money... What are my options then?

[sailor sam]

Understood,

If i get a judgement, and dont get the money... What are my options then?

 

You can apply for a warrant of execution which will mean the bailiffs will attempt to recover your money. Prior to doing that though, you can ask for a hearing to examine the seller's financial circumstances of which he MUST attend (although he gets 3 chances I believe) otherwise he can be arrested.

[dw190]

You can apply for a warrant of execution which will mean the bailiffs will attempt to recover your money. Prior to doing that though, you can ask for a hearing to examine the seller's financial circumstances of which he MUST attend (although he gets 3 chances I believe) otherwise he can be arrested.

 

With the amount of the claim plus costs and interest looking likely the figure will be enough to engage High Court Enforcement Officers. Much cheaper than County Court bailiffs and more effective.

Edited May 20, 2013 by ploddertom
Commercial link removed

[edwardw]

amount of the claim plus costs and interest looking likely the figure will be enough to engage High Court Sherrif Bailiffs. Much cheaper than County Court bailiffs and more effective.

Thanks for that!

What's the threshold high court?

[dw190]

Thanks for that!

What's the threshold high court?

 

Just checked £600

[postggj]

have you submitted the claim yet

[edwardw]

have you submitted the claim yet

Nope :-\ sadly gotta wait until payday!

[edwardw]

Right,

i need help now,

I submitted request for a judgement yesterday due to no response, and today it now says this:

 

 

Your claim was issued on 28/05/2013

You submitted a judgment against *** on 18/06/2013 at 07:07:49

**** issued an acknowledgment of service on 19/06/2013

 

 

What does that mean? If it means what i think, how come they can submit it after their 14 days was up?

My judgement status is requested.

Thanks

[edwardw]

Right,

i need help now,

I submitted request for a judgement yesterday due to no response, and today it now says this:

 

 

Your claim was issued on 28/05/2013

You submitted a judgment against *** on 18/06/2013 at 07:07:49

**** issued an acknowledgment of service on 19/06/2013

 

 

What does that mean? If it means what i think, how come they can submit it after their 14 days was up?

My judgement status is requested.

Thanks

Anyone?

[postggj]

It looks to me like they got it in on the last day

 

If this is a MCOL submission

 

Issue of claim date 28/05/2013

 

You need to allow 5 days for postage

 

28 may + 14 days = 14 june + 5 days service =19 June

 

They then have until 3 July to submit a defence

[edwardw]

I have recieved the particulars of claim today:

 

The claimant collected the vehicle and paid in full, at this time, all known defects with the vehicle were disclosed to the claimant.

The claimant was aware of the condition of the vehicle prior to making the transaction, however proceeded

the vehicle was priced substantially lower than the market value to reflect its condition. this was again noted and accepted by the claimant at the time of purchase.

The claimant has failed to verify the costs he claims to have incurred in this matter, and further they appear ever escalating.

The claimants letter to the defendant denotes a quote of £380 however the claim has been issued for £610 + costs.

The claimant has therefore either grossly elaborated this claim or has failed to mitigate his loss by not undertaking the most cost effective repair.

In compromise, the defenant is willing to repurchase the vehicle from the claimant for the purchase price paid in full and final settlement

 

I have no idea what to do now?

I dont want to accept their offer as i will have still lost money,

I have this questionnaire N180 to fill in, then i assume it will go to court then?

 

I have 9 days left to send this paper work back, could someone be so kind as to advise me? :/

The letter also says i may seek to settle the claim by either direct discussion or negotiation with the other party, do i do this before i send this form back?

Thanks

[edwardw]

anyone? Really stuck @ what to do.

Thanks

[sailor sam]

I think they are 'papering over the cracks' a little and treading on thin ice with their defence.

 

They cannot attempt to reduce your statutory rights by selling you the car and getting you to accept that it is 'sold as seen'. As I see it, they are actually stating that is exactly what they have done. They are admitting selling a car in a sub-standard condition or 'not fit for the purpose' and not 'of satisfactory quality'. The fact that they have sold it at a reduced price dosn't help their argument. They are basically admitting that there is something wrong with the car and as such, they should of sold it as 'spares or repairs' which would mean that they could not sell it as drive-able.

 

In addition to that, they are claiming that you have not allowed them to mitigate their costs. In other words, they are saying that you have not provided them with reasonable opportunity to inspect and rectify the car so that they could 'verify the costs' you have incurred. Reading through the thread, it would appear that they never responded to you when you wrote to them so as afr as I can see, you did provide them with an opportunity.

 

All in all, they have handed themselves on a plate. The SOGA is quite clear in that they cannot sell a drive-able car under their terms of 'sold as seen with no comeback'. It is simply against the law. No matter what they say, the car must be of satisfactory condition and fit for the purpose. Their defense is more or less confirming that it wasn't.

 

I would certainly have fun with this in court!

 

My advice is to pursue it so you recover your losses as per your claim.

[edwardw]

Thanks for that Sailor Sam

i did try and PM you as i valued your previous advice

Obviously i intend to proceed with things, whats next, once ive returned this form will i be allocated a court date?

 

If it got that far, is a judge likely to look at their defence etc and just vote in my favour?

Thanks

[edwardw]

Guys,

On the directions questionnaire, it says i must return it to the court, and serve copies on other parties,

does this mean i have to send a copy of it to the car company?

Thanks

[sailor sam]

Guys,

On the directions questionnaire, it says i must return it to the court, and serve copies on other parties,

does this mean i have to send a copy of it to the car company?

Thanks

 

Yes. Get proof of postage when sending.

[edwardw]

Guys,

I have now received a letter from a solicitor acting on their behalf, after i sent an email offering them a final chance of settlement.

I don't have the letter to hand but it basically stated i didn't give them chance to resolve the issue (LOL!!) and they would offer me a full refund of the price paid for the car (Id still be £600 out of pocket, no thanks!) and they stated that i test drove the vehicle before i purchased it, i didn't, i wasn't offered a test drive.

 

So ive replied to them stating all the correct facts and again advising them of their obligations, hopefully they will see that they wont win in court.

In the mean time, my MCOL claim has been transfered to Leeds court (near me, and 4+ hour drive for the dealers) so thats a good thing

[F1fan]

Guys,

I have now received a letter from a solicitor acting on their behalf, after i sent an email offering them a final chance of settlement.

I don't have the letter to hand but it basically stated i didn't give them chance to resolve the issue (LOL!!) and they would offer me a full refund of the price paid for the car (Id still be £600 out of pocket, no thanks!) and they stated that i test drove the vehicle before i purchased it, i didn't, i wasn't offered a test drive.

 

So ive replied to them stating all the correct facts and again advising them of their obligations, hopefully they will see that they wont win in court.

In the mean time, my MCOL claim has been transfered to Leeds court (near me, and 4+ hour drive for the dealers) so thats a good thing

Any update on what happened?

[edwardw]

Yes....

Sorry for the delay..

I went to court, they didnt turn up, i got judgement,

 

Then out of the blue i get a letter to say the court have had an application to set the judgement aside, and i have to attend a hearing in January now.

 

 

What does this mean? how is this fair when i have already got a judgement ?

Thanks

[sailor sam]

They are simply playing the system. You should contact the court and tell them that you object to the application as the respondent failed to bother to turn up at court. Also that you want to apply to add your costs of attending (loos of earnings and travel etc) if the judge agrees to the application. It is for him to decide but as I see it, there case isn't strong enough thus there is no reason to set judgement aside. The court office should be able to advise you of your options.

 

But at the end of the day, it is up to the judge... he may simply reject the respondent's application.

[edwardw]

They are simply playing the system. You should contact the court and tell them that you object to the application as the respondent failed to bother to turn up at court. Also that you want to apply to add your costs of attending (loos of earnings and travel etc) if the judge agrees to the application. It is for him to decide but as I see it, there case isn't strong enough thus there is no reason to set judgement aside. The court office should be able to advise you of your options.

 

But at the end of the day, it is up to the judge... he may simply reject the respondent's application.

 

 

Thankyou,

Do i just send a letter to the main court address?

 

Thanks