Jump to content


  • Tweets

  • Posts

    • she ignores moorcroft totally a negative PP balance cant appear on her credit file.  
    • just has an email about claim 1 - trial 7 days away     their solicitor- 'heres some further disclosure, your broker says you agreed to pg ' so just pay up and lets avoid cout!     cue list of emails between two people , with no one else cc'd or copied in   i said unless xx and xx have provided a witness st and are going to be cross examined at court, this is inadmissable hearsay (its never been disclosed) weve never seen or heard of any of it. (to note this was not presented as supplementary, paginated etc so obv was meant for my eyes only and hasnt been sent to court)   they may have had a lovely conversation, but where are we involved or proof this has been sent or included to us (it hasnt)   so bugger off
    • Hi Guys, just a quick update,     I now have all the information VCS hold on me and photos to show I was not in the fuel station as they claim. The date of the 14/02 has passed for their threat to take me to court how long should i expect to wait to hear from them?   Also should i include in my appeal that the fact they couldn't issue me 2 x PCN's had this happened in a car park (as by their own charter you are allowed a 10 minute grace period)   how can they do it on a private road, and as it is a private road when i asked them for a breakdown of the costs incurred that lead them to the figure of £100 they quoted to me the case of Bevis v parking eye to justify the amount, however i feel this is not relevant as this event took place in a car park. cheers
    • I think this needs to be settled in a court of law and I don't think any other method is at all acceptable. It needs to be open, transparent and beyond doubt.   As you have had a possible disclosure I think it is reasonable to to write them and inform them  the disclosure they have made is incomplete and so therefore they are still in breach of their strategy obligations. that you are extending your time before you issue proceedings buy a further 7-days but after that you will definitely be issuing proceedings and there won't be any further discussion. I think you have to take this approach in order to show the judge that you have been doing everything you can to be reasonable and to be co-operative even though they have failed in their duty.              
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Car Dealer - Consumer Rights Act - MCOL


Please note that this topic has not had any new posts for the last 772 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

Evening all,

 

Background in quote

 

We purchased a car, just after the warranty period ended (12 months), the car had a serious fault. We fault was tracked down to an electronic module failure inside the car, which did not last a "reasonable amount of life".

 

Of course, the dealer said "nothing to do with us" therefore we were left to repair ourselves. We removed the cover to the electronic module, to have a peek if it was fully connected etc (simple stuff) however it was good. However, it did have a water mark on it. When we purchased the car, there was water ingress into the car, its a convertible and the speedo had water marks inside it. We suspected that the part has become wet, then contributed to the fault. Its rare for these modules to fail, and funny enough the dealer replaced the water marked speedo under the warranty.

 

Luckily, the manufacturer agreed a "goodwill gesture"so far just leaving us just under £400 to pay.

 

The car has now been fixed and once again the dealer has said "nothing to do with us".

 

 

So, thats the background sorted.

 

We've sent the letter before action requesting a reducing in purchase price to cover the cost of the repair, now were waiting for the 30 days to expire before we progress to MCOL.

 

A swift, standard response received, same as the one above...nothing to do with us....

 

 

Oh the joys of a used car (£9k), outside of main dealer warranty.... will update as we go, win or lose...

Edited by honeybee13
Font size in quote box enlarged.
Link to post
Share on other sites

First of all, you should tell us who the dealer is. You are the second person today who doesn't give the name of a dealer who is not acknowledging their consumer obligations. Are you trying to protect them?

 

Secondly, the warranty has nothing to do with it. It is all about your consumer rights under consumer protection legislation – in this case The Consumer Rights Act.

 

You have sent them a letter before action. Why did you give them 30 days? You are only required to give them 14 days.

  • Confused 1
Link to post
Share on other sites

Hi Fodder,

 

The dealership that i purchase the car from is Stratstone Mini in Leeds. We have raised the MCOL claim, and saved it awaiting "submit" early Dec 18.

 

Following advice from Consumer Direct, we were to give them 30 days plus this buys is time to get all the ducks in order (paperwork scanned into pdf's etc).

Link to post
Share on other sites
  • 3 weeks later...
  • 4 weeks later...

Great. Well done

 

As soon as you get the judgement, start enforcement. Don't hang around. You didn't tell us how much the action was for. Was it for more than £600? If it was then you should get it transferred up immediately and have it enforced by the high court enforcement officers.

 

This is easy to do but make sure that they guarantee you that if they don't manage to enforce, then you won't be charged a fee. All fees have to be taken from the defendant.

Link to post
Share on other sites

Evening,

 

I have filed for judgement, I have noticed that I have put "Stratstone Mini Leeds" instead of "Stratstone, T/A Stratstone BMW Leeds, T/A Stratstone Mini Leeds".

 

I have a slight fear that the dealer will say "that's not us" however every letter has reached them, when I Google "Stratstone Mini Leeds" and the website says "StratstoneMiniLeeds" they will it's not them. Ironically, the main Stratstone website has them as Stratstone Mini Leeds..

 

If this is the case, we can ask the court to ammend the name, and reissue the judgement on the evidence (screenshots) that we have...

 

Many nothing to worry about...but it's an escape route..

Link to post
Share on other sites
  • 2 weeks later...

Hello again,

 

A bit more digging, I have noticed this.

 

"Alloy Racing Equipment Limited trading as Stratstone MINI Leeds. Alloy Racing Equipment Limited is an appointed representative of Pendragon Finance & Insurance Services Limited which is authorised and regulated by the Financial Conduct Authority. Registered Office: Loxley House, 2 Oakwood Court, Little Oak Drive, Annesley, Nottingham, NG15 0DR. Registered No: 00901017 Registered in England & Wales"

 

Does this mean i need to change the name -

 

Alloy Racing Equipment Limited

T/A Stratstone Mini Leeds

T/A Stratstone BMW Leeds

Link to post
Share on other sites

I would just settle down and wait for the judgement to be issued. I suppose when you try enforcement then they may try to raise the issue with the name – but it seems to me to be only very marginal technicality.

 

However, maybe you should be a little bit more careful about these things.

 

I notice that in a previous post you said that you had been to Consumer Direct. Consumer Direct were abolished a few years back – so who did you go to? And who on earth told you 30 days anyway? Is a load of rubbish

Link to post
Share on other sites

Well you've been here since 2007. What's the matter? Don't you trust us?

Link to post
Share on other sites

Hi BankFodder,

 

No, not at all. They were the first people we contacted and forwarded a template letter. 14 or 30 days has no effect on things, although it just drags things out.

 

So far we are at the point of "Judgement" issued. I now believe that the CCJ has been awarded, and it will remain off the record if settled within 30 days? After this, it's in file. The only way to remove this would be either through setting aside, or through a consent order.

 

From the outset, we only wanted the car repaired and have only claimed for the repair cost; we have not claimed for postage costs, travel to/from dealers, interest etc. If we knew it was going to be dragged out this long, maybe we should have.

 

As an act of kindness and not wanting to waste valuable court time, we have recently emailed the dealer before we progress to the warrant side of things as this increases cost to £499; it appears they "didn't receive any paperwork" which would/could/should be a default reply...and now forwarded onto the "legal team".

 

I think I have until the 30th January before I can move to a warrant. That's CCJ Issue date (27th Dec) plus 30 days and gives them 2 weeks to settle etc.

 

Were not out to disrupt business etc , just wanted our car repaired under the Consumer Rights Act, which was denied.

Link to post
Share on other sites

So I'm getting confused. Have you got a judgement against them? If you have then why on earth are you waiting for 30 days? You should be putting the bailiffs in straightaway.

Link to post
Share on other sites

Hi BankFodder,

 

Yes, you are fully correct. I should go straight to warrant, and forward onto bailiffs. I have researched which company to use.

 

The MCOL website indicates that "Your judgment against XXX was issued on 27/12/2018 at 19:13:32".

 

This indicates to me that the CCJ had been awarded, and we can progress onto the warrant portion. I can enter the details within the MCOL site, it is just waiting for payment.

Link to post
Share on other sites

I have to ask again, where are you getting all this 30 day stuff from? 30 days for a letter of claim. 30 days from the date of the judgement.

Link to post
Share on other sites

then you should be reading up so that you know your way around instead of getting your way through 30-day periods for no reason at all.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...