Hi, I sent a letter before action at 0928 and just now received an email letter disputing claim and dismissing it. Can you advise please? Thank you.
Letter contents below:
Our Member: Elite Pre-owned Vehicles Ltd
Re: VW Touareg, Reg No. WU06 GOJ
We have been consulted by our above named member.
We are a trade association tasked with providing advice and assistance to our above named members.
We refer to your email dated 22 July.
First, we note that the above mentioned vehicle was sold to you on the 15 April 2019 for the price of £5,350.00.
At the time of delivery the vehicle was almost thirteen (13) years old and had an odometer reading of about 81,300 miles.
Plainly, the vehicle was well used and part worn at the time of delivery and the issue of satisfactory quality must be viewed in such context.
We note that the vehicle passed an independent DVSA MOT test on the 27 March 2019 with no advisories.
Further, we note that the vehicle was subject to a thorough pre-delivery inspection (PDI), which revealed no issues other than those reported for which you received a suitable discount.
Despite what you say, we see no cogent evidence to suggest there were any other faults with the vehicle at the time of delivery.
Indeed, the fact that the vehicle has covered some 2,545 miles post delivery suggests that the issues you now complain about have developed post delivery.
In this regard, we refer you to Section 19(15)(a) of the Consumer Rights Act 2015.
On the facts, we see no valid statutory claim against our member for refund or otherwise, as alleged or at all and your claim is hereby dismissed.
We await your considered response.
So I have received a response to my CCA request, which was from Robinson Way saying it has been passed onto the relevant department and my account is on hold and as seen in the forum they have also returned the £1 postal order stating GDPR. I have attached the letter.
Have yet to receive any acknowledgment on the CPR request so far.
Should I be starting to draft the defense now?
CCA Respose Rec18.7.19 Blank.pdf
In the wording of my appeal above I didn't think I gave myself away as the driver?
Regarding POFA I thought their request was over 14 days hence out of time?
I checked location history in Google maps timeline (don't have an iPhone) and for the date in question it only starts at 1813 but the Entry and alleged exit was 1415 and 1621 respectively.
Im not sure it would be a breach as they had the right to contact DVLA for any breach including failure to input full registration. They however failed to use the correct reason for breach on the NTK letter.
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!