Jump to content


  • Tweets

  • Posts

    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
    • hey look back in your other threads been helping you for years...   you have a claimform from northants bulk court yes? you need help with that which why you came here. if you pop up the details we need  we can help you buff this away. nothing pers wanted if you read the link.      
    • Should I just remove it or mention the database screenshot?
    • what is that ?   NO chance am I filling out any of these forms are you cabot or what    well this site is absolutely rubbish these days then.   I have been sent a fake county court claim by CABOT so they can try to catch me out on an older debt what use is it for me to fill in forms like that  I cannot understand them in any case     
  • Our picks

Buel10

Bought new car:Sluggish so want refund?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 837 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all.

A friend of mine bought a second hand car from a car dealer last Friday (4th) after taking it for a test drive. Unfortunately, the more he has driven it, the more he realises that the performance is not what he thought it would be.

 

Can he take the car back and get his money back?

 

Thank you, all.

Share this post


Link to post
Share on other sites
Hi all.

A friend of mine bought a second hand car from a car dealer last Friday (4th) after taking it for a test drive. Unfortunately, the more he has driven it, the more he realises that the performance is not what he thought it would be.

 

Can he take the car back and get his money back?

 

Thank you, all.

 

Not at the moment. If there is a fault with the car, he needs to give the garage a chance to have a look at it and fix. There might be a number of reasons for performance issues.

 

In some cars, if the fuel level is below a certain level, the engine management system reduces performance to extend range left. So it might not be a fault. Or the car is just not living up to expectations and there is nothing wrong with it.


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

Share this post


Link to post
Share on other sites

Thank you.

Regarding giving the garage chance to have a look and fix it, I've just read this, is this correct:

 

The Consumer Rights Act 2015, which replaces the Sale of Goods Act next month, allows consumers to ask for a full refund in the first 30 days of buying any product that subsequently turns out to be faulty - including cars.

 

This legislation, known as the 'early right to reject', replaces the previous requirement for retailers to only repair or replace a faulty item or part, rather than the entire product.

Share this post


Link to post
Share on other sites

only if faulty you have stated yourself in para 3


:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites

I guess the definition of 'faulty' is the key.

Share this post


Link to post
Share on other sites

If the performance of the car is especially poor when carrying 3 passengers but was told that it would be fine, does this count as mis-selling?

Share this post


Link to post
Share on other sites

No.

 

I think your friend has just decided they don't like the car.

 

If they want to prove a fault, take it to a garage where performance can be checked. Does not cost too much.


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

Share this post


Link to post
Share on other sites

Interesting stuff off the Which site:

If something you buy is not as described, or the seller is guilty of misrepresentation, you're entitled to:

 

give the second-hand car back and get your money back

ask for compensation if you want to keep the car (usually the cost of any repairs it needs).

Share this post


Link to post
Share on other sites

After a chat to my friend today, he tells me that the performance with four people in the car is awful when he was told that this would be fine.

Share this post


Link to post
Share on other sites
After a chat to my friend today, he tells me that the performance with four people in the car is awful when he was told that this would be fine.

 

Define "fine"?!

Share this post


Link to post
Share on other sites

Not sluggish - the it'd perform well.

Share this post


Link to post
Share on other sites

make and model, year and mileage of the car?

Share this post


Link to post
Share on other sites

Peugeot 2008 (that's the model, not the year) Allure, year: 2015.

I'll find out the mileage....

Share this post


Link to post
Share on other sites

Also find out the engine type. They run from a 1.2 l 3 cylinder petrol which could struggle with 4 reasonably sized passengers, to a grunty diesel that should perform well.


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

Share this post


Link to post
Share on other sites

It's the 1.6 HDI and has done 20,000 miles. Unsure of which variant though - it seems that there's three different variations, each with a different hp.

Share this post


Link to post
Share on other sites

I have the same make and model from Dec 2015 with 14k miles on the clock. If it is from 2015, it is still under the manufacturers warranty of 3yrs-unlimited mileage. Qne thing to note; if it is the diesel version, make sure that there is sufficient AdBlue (fuel additive - google Adblue). This needs to be topped up from time to time and the refill tank is in the boot under the spare wheel.

Share this post


Link to post
Share on other sites

Thank you for this.

My friend has met resistance from the garage - does anyone know the contact details of Peugeot's Press office?

Share this post


Link to post
Share on other sites

Not sure why Peugeot would be interested. Someone bought a car, they decided they did not like after driving it for awhile.

 

If the performance of the car is within the general range Peugeot state in their details for the car and there are no faults, then there is no reason for a Peugeot dealer to offer refund or exchange.

 

The advice is to get the car checked for any faults by another garage and if there are any faults, then there is more leaverage with the Peugeot dealer.


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

Share this post


Link to post
Share on other sites

I think your friend is approaching this issue in the wrong way. He "feels" the car is sluggish. Why not just return it to where it was purchased and ask them nicely to investigate the problem. Talking about the Consumer Rights Act with a view to returning the vehicle or calling the manufacturers press office is a wee bit premature in my view.

Share this post


Link to post
Share on other sites

Your friend was offered a test drive, accepted and then decided to buy the car. If a key factor in that decision was the car's performance with 4 people in it, why didn't he test drive it with 4 people in it?

 

As far as I can tell from your post you don't actually allege a technical fault with the car, only that it doesn't have the performance expected. I can't imagine how that's the garage/sales person's fault.

 

There is no way the salesman could know how heavy any potential passengers are anyway, so any comment on how well a car will perform laden with people is pointless. Then there's Ganymede's point; is 'fine' to you different in comparison to my definition of 'fine'?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...