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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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I got a letter through the day after completing moneyclaim! IIRC it said that it was deemed served 3 days after issue. If you used moneyclaim you should have a letter setting out the dates soon.

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Sorry, this has probably been asked a million times. I am completing a claim form on mcol and it asked for the amount claimed which is £480. I have put the paragragh in for the interest under the particulars but do i then have to add my interest of £160 onto the £480 as this will then increase the court costs or do i just leave it at £480 and the paragraph is ok ?

 

Sorry to ask !

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I assume your £480 includes the unfair charges plus the interest the banks have added to those charges. You have calculated the sec 69 8% as £160. Your claim is therefore £640 plus a few pence a day. Plus a higher summons issue fee...tough luck to the bank, they will have to reimburse that on top.

 

My question is: Once the summons is issued and the bank agrees only to settle the charges, can we refuse the settlement if the bank does not include the 8% figure or the daily rate we have calculated into the claim? In other words, is the 8% only allowed on judgement (which of course will never occur if the banks dont let a hearing happen)?


Its WAR

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no, my claim is for £480 charges and £160 interest as per the spreadsheet template. I will call the helpline though

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Can someone please clarify this issue-

because I have just submitted my county court claim, but I did not add the 8% CCA s69 interest to the value on the front of the N1 form. However, I did state that that the Claimant also claims 8% interest pursuant to CCA s69.

 

If I have made a boo boo, is it too late to change the amount on the N1 form?

 

Thanks

 

Angry Cat

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Please can a moderator clarify this issue-

I have looked at the lord lee thread and...

now I am confused-

because I did not think that one added on the County Court Acts S69 to the value of the Claim? Surely the s69 8% interest comes later???

Angry Cat

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The value of your claim is:

 

Penalty charges (including Overdraft interest if you are claiming this) +

S69 8% interest up to the date of filing

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Guest Lueeze

I did what Karnevil did too,

 

I put on "Value" on front page #4665.37 + #330.12 Interest 8%

 

in the total box i put

 

Amount - 4995.49

Court Fee - Exempt

Solicitor Costs - Nil

Total 4995.49

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Me too. The 8% is added to your claim and gives you a higher claim. Its great.

Another settlement came today £248 (complete with gagging order). Not much, but will cover all my costs and allocation fees for the big ones.


Its WAR

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This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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