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    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
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Emma0214

Faulty Car - potential small claims

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Hi

 

I am just looking for some advice.

 

We purchased a car In October 2018 2009 tiguan with 114K miles on, we purchased from a dealer (sold from a garage) but i think hes a sole trader.

 

Before we purchased, the dealer said the engine management light came on and went into limp mode, they plugged in and was the glo plugs and the light was now off and all fixed.

 

Satisfied we purchased the car via bacs.

 

On they way home the car went into limp mode - i called the dealer and he suggested carry on driving until it did it again. November 18 we had an issue with the clutch, the dealer asked us to book into a garage over 20 miles away - but it was done free of charge and i was giving a car.

 

The car then went into limp mode just before Christmas, we called up the dealer who told us to use to the same garage (not the one the car was sold from as he didnt trust the mechanics) and it was his responsibility to fix.

 

Booked in January (due to them not being open over Christmas) and the same i was given a car whilst mine was in. The issue was the inlet manifold has blown and cracked. something that would of happened with there being an issue with it and being driven over time has made worse.

 

The dealer offered half the bill - the bill was £700. We refused, saying if within with first six months of purchase the dealer should repair or replace. Again he refused and offered half the money, the car was in an independent garage, so one of us had to pay. But he also said in writing he wouldn't be responsible if it went into limp mode again or wouldn't give us a refund. Im under the impression the legally needs to.

 

So we have paid the bill and ive written to ask him to pay in full, hes refused, saying if we take him to small claims to be putting a counter claim in for a solicitor etc.

 

Where do you think we stand with a small claims?

 

CAB have told me he should pay the bill as if there is a fault within the first 6 months its deemed it was there when the car was purchase.

 

Does anyone have any advice?

 

Thanks

 

Emma

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There is no problem about bringing a small claim and there is absolutely no possibility that he could put in a counterclaim for a solicitor. One of the basic small claims rules is that even if you lose, you were not responsible for the other side's costs so long as you behave and litigate reasonably.

 

He is completely wrong. Please will you tell us who the dealer is.

 

Under the consumer rights act, within the first six months he has to be given an opportunity to repair the vehicle and if the repair fails then you are entitled to a refund or a replacement – or even a further repair at your choice.

 

It seems to me that you are best off getting out of this contract.

 

Write a letter and tell them that you want a complete refund and also you want reimbursement of any losses that you have taken as a result of the problems and that if he does not refund you within 14 days you will issue proceedings in the County Court without any further notice.

 

Don't send this letter unless you are serious. Don't bluff.

 

Send the letter and then register with MoneyClaim online – a free County Court service and start reading up on this website about how to bring a small claim. We will help you. It's very easy.

 

Your chances of success are much better than 95% – but the only problem could be enforcing the judgement. If he has a stable business and a permanent premises then you stand an excellent chance.


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Thanks for your reply.

 

Shall i start the court proceeding now? even though the 14 days arent up yet?

 

Thanks

 

Emma

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Absolutely not. You send the letter of claim. You set down a 14 day deadline. At the expiry of the 14 days – day 15 – you issue the papers.


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Thank you so much. Ill do this tonight.

 

Emma

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I suggest that you use the following as the basis for your claim. It doesn't really need very much more detail.

 

the claimant purchased a XXX car registration number XXX from the defendant car dealer.

 

Within the first six months the vehicle displayed defects.

 

The defendant agreed to repairs but the repairs failed.

 

The claimant has asserted their right to reject the vehicle and require a refund under the consumer rights act.

 

The defendant has refused to refund the claimants money.

 

The claimant claims the cost of the vehicle £XXX (plus any associated losses £XXX) plus interest

 

If you have suffered any losses such as the cost of insurance which may be won't be fully reimbursed, or cost of transport or loss of vehicle or anything that you have bought for the vehicle which won't be useful for your next vehicle then you should list these out as expenses as well and add them to your claim.

 

You should frame your claim so that you are not out of pocket at all.

 

By the way, I don't notice that you have told us the name of the dealer.


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