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    • Clear as mud...so you are the claimant...the defendant is correct they do not file serve evidence before the trial...normally directions state 14 days before the trial hearing each party simultaneously exchange and file.   The defendant then paid the debt amount but not the court fee or the section 69 interest at 8%.. Did it get to trial ? or is that yet to happen ? 
    • Then be prepared to get your cheque book out.   You will be served with the evidence the prosecution intends to rely on to convict you when you receive notification of court action. This will almost certainly be in the form of a "Single Justice Procedure Notice" (SJPN). They have six months to begin court proceedings and in most areas take all of that. You will be given three options:   1. Plead guilty and have the matter heard by the Single Justice (a hearing which you cannot attend).   2. Plead guilty and opt for a hearing in the normal Magistrates' Court (a hearing which you can attend).   3. Plead Not Guilty.   If, after viewing the evidence, you decide on (1) or (2) you will be sentenced in accordance with the sentencing guidelines. These suggest a fine of half a week's net income (maximum £1,000, reduced by a third for a guilty plea). You will also pay a surcharge of 10% of the fine (Minimum £30 - or £32 if the offence was committed on or after 28th June 2019) and costs of £85. You will also receive 3 penalty points. So you can see that the costs and surcharge will exceed £100 before you consider the fine.   If you choose (3) you will have to rely on either (a) the prosecution being unable to prove its case or (b) successfully rebutting their evidence. The cost of failure here is high. You will obviously lose your one third discount for a guilty plea and the costs will increase to as much as £620.   You can see that you "old fashioned" approach could cost you dearly. But you takes your choice and pays your money  😪  (or hopefully not  😀).
    • I was not aware that mitigation can also apply to actions taken after the event. I have not outlined this to date, I will write another letter stating this given I now use a monthly travel card and would never attempt it again. However, the Court date is in 10 days so I'm not sure I would receive a response in time.. seems to be worth a try though.    Thank you dx100uk. 
    • Sorry, but I don't understand. Am I "quoting" unnecessarily? I'll stop that, henceforth, if so. That said... "any claim, though I cant see why this mbna is not concluded, so why the confusion....." confuses me as I cannot contextualise your reference and thought I had intimated I am concluding the MBNA claim and no longer pursuing my SAR request, following your help in that query.   I am simply wondering if your last reply refers to this (MBNA SAR) thread or my more recent (general PPI enquiry) thread, is all.   Apologies if I am not helping myself through helping you, in this. I am trying as best I can, though. And am grateful for your help.
    • Ok great, thank you I will give that a go tomorrow will let you know how I get on.    C
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Dentedporsche

Reject faulty car. Trade in already sold

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Hi,

Been lurking on here for years but now need a bit of help.

 

I purchased a used car last Friday (6th January) but on the way home the air bag light came on. Also found the windscreen washers could only throw water an inch or so from the jets. Jack and tools are missing from the car too.

 

Not happy that this happened on a £12k car that supposedly had an AA 128 point check.

 

Sent the letter of rejection by email on Saturday, less than 24 hours from purchase followed up by a letter.

 

Eventually got after sales to respond today and they tell me they no longer have my trade in.

I paid £7k for the car plus £5k trade in.

 

Car is 3 years old, full Ford service history and 71000 miles (ex fleet car).

 

What do I do now?

Thanks

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Return the car and ask for the refund of the ticket price – £12 K


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I will do, but, is that what I'm legally entitled to?

Is there anything I can use to back up the request for the £12k refund?

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Ha, just had the garage on the phone.

Told them I'd be expecting 12k refund and they suddenly found our trade in hadn't actually been sold yet.

Off to see them tomorrow, will let you know the outcome.

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Surprise surprise!

 

When you take the car and you leave it there, make sure that you photograph it all so that there is no question about the condition of it when you leave it. Also I suggest that you write out a receipt for the car and you get somebody to sign it. Record the conversation. If they refuse to sign it then make sure that you mark the receipt as "signature refused"

 

Make sure that you leave the car on the forecourt. Do not take it back under any circumstances. Deliver all documents. Inform DVLA that you are no longer owner of the car and make sure that you do whatever is necessary to satisfy all requirements of DVLA. Do not accept the garage undertaking that they will do it for you. Make sure that you keep all responsibility and all control so that you know it has all been done.

 

When you get to the garage, they may well try to persuade you to have the car repaired. If you agree to this then I suggest that you only do it on the basis that you are also given a reduction in the purchase price. I would say £1000 plus full repairs might be a good starting position. Don't accept offers such as extended warranties et cetera. You want repairs and you want cash – and you want it straightaway. Record everything if you can. Photograph everything. Leave nothing to chance. Leave nothing to trust.


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Just a small point, should the car have a jack. None of my BMWs had them and my wife's Juke and previously corsa only has the leak seal and pump. Just in case you use that as a reason and it turns out to be wrong

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Took it back today, no problems at all.

Car was inspected and accepted.

Took mine away.

 

Signed paperwork is in my bag, just have to wait for the bank transfer now.

 

No need to tell the DVLA, it hadn't been registered when I sent the rejection so they stopped it going through.

 

 

It has a space saver spare wheel so there should be a jack, handle, wrench and towing eye.

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Took it back today, no problems at all.

Car was inspected and accepted.

Took mine away.

 

Signed paperwork is in my bag, just have to wait for the bank transfer now.

 

No need to tell the DVLA, it hadn't been registered when I sent the rejection so they stopped it going through.

 

 

It has a space saver spare wheel so there should be a jack, handle, wrench and towing eye.

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