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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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dr fox

Accident management comp - old Car Hire agreement following no fault accident

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I had a non fault accident in July 2011.

Stupidly i entered into a credit car hire agreement and should have done my homework first.

 

eventually the other insurer admitted liability and thought everything was settled as i got a letter saying this.

 

A few days ago i got a letter from a solicitor saying that payment for their services have not been paid (Car hire), and they will be raising court action within 14 days against other party.

 

Also states that they will not seek payment from me as long as i co operate etc.

... Had this same letter in 2013.

 

Have read on here about statute barred and see that in Scotland its 5 years.

Im in Scotland but the company is in England.

 

Any advice you could offer?

I done all my worrying in 2011 after reading horror stories so no point me getting all stressed again. I'll go with the flow :-)

 

Thanks

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where did you hire the car?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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where did you hire the car?

 

 

dx

 

After speaking to the management company it was hired from a local Hertz and delivered to my address

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so done in Scotland

if so yes extinguished not just statute barred

but as you didn't sign it anyway

not your problem.

 

 

i'll move this to the motor insurance forum

as it will attract those guys.

 

 

don't think you can be held liable anyway.

 

 

the sols are just trying it on to find a mug.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks for your advice. Much appreciated.

 

Ill update on here if i get any more letters.

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Thanks for your advice. Much appreciated.

 

Ill update on here if i get any more letters.

 

I think you need to tell whoever is chasing, that this relates back to an acccident and car hire in 2011. That the matter is now statute barred under Scottish limitations law and in any event, they should ask the Insurers of the at fault driver about this, as any car hire costs were due to the accident their driver caused. Advise that this is the end of the matter as far as you are concerned and you do not want to be contacted again.


We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

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I think you need to tell whoever is chasing, that this relates back to an acccident and car hire in 2011. That the matter is now statute barred under Scottish limitations law and in any event, they should ask the Insurers of the at fault driver about this, as any car hire costs were due to the accident their driver caused. Advise that this is the end of the matter as far as you are concerned and you do not want to be contacted again.

 

Thank you also for the advice.

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Thank you also for the advice.

 

Best to nip it in the bud, as the staff that deal with chasing these debts might not realise the position.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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The OP needs to check the jurisdiction in the hire agreement to see what law applies.

 

The hire company aren't going after the OP, just asking for their help to recover the OP's outstanding credit hire liability.

 

I would cooperate.

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