Thank you. Can you tell us who replaced the rear brakes in June 2019? Who paid for it?
One slight problem here is that the amount of money you are dealing with is in excess of £10,000. £10,000 is the County Court small claims limit. When you bring a small claim – less than £10,000 – then even if you lose, you won't have to pay the costs of the other party. Over £10,000 and you will have to pay if you lose. On the basis of what you say here, you have absolutely no chance of losing but on the other hand the fact that you would have to bring the claim on the fast track brings comfort to the other side and they are more likely to employ tactics to intimidate you with the spectre of costs hanging over you in the event that you lose. This is something to take into consideration.
You have two choices. One would be to consider claiming for the refund of the entire price plus any ancillary losses. The second would be to claim for repairs.
On the basis that repairs will be considerably less than £10,000 I think that I would suggest you go for that.
This means that you need to get the car thoroughly examined and get a quote for repairs and generally speaking putting into a proper roadworthy condition.
In fact you would need two independent quotations.
You would then, with our help, enter the pre-action protocol which would essentially threaten the dealer and also the finance company with 14 days to sort it out or else you will bring a court action and without any further notice. You would only make this threat if you decided to go ahead with it. It's not worth bluffing. Both the dealer and the finance company will probably use all sorts of tactics to delay and to prevaricate. You must not allow yourself to get dragged into any kind of protracted discussion. You make the threat. 14 days. Day 15 – you send them the good news.
Once they have the court papers they will then start to realise that you are serious. The finance company will put pressure on the dealer and someone or other will put their hands up.
It's up to you if you want to get involved in this kind of action. If not then I think you're going to have a hard slog
Ok trying to move this forward.
just got a statement with £260 agents fees added even though they have no collected the car! Am I right in thinking this is illegal?
Moving forward is it best for me to submit an N244 with the court to try and stop them taking the car and for these unlawful fees?
Could somebody advise what it is I’m asking the court to do as I don’t want extra time to pay as the account is up to date but I don’t want them taking the vehicle because I’m refusing to pay these agents fees!
could really do with some help
The dealer is MK autos ltd in Milton Keynes.
We know the car was serviced by bmw once, as we called to ask but about 2 years ago.
The car was brought for £10,995 but with finance cost total will be £22,000.. Eye watering amount but again we was pushed into a corner.
I needed a car my mum has terminal lung cancer and I do all the hospital appointments. We thought that we would be safe for a while at least.
Again I forgot to mention that although the car had a "service" the rear brakes went and were replaced on the 15th June 2019..
We have paid so far in total £2260 in 6 months.
I am prepared to fight this!!
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!