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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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Anidog1

Hartley Wintney Motors - got them in small claims court - now a late 'offer'

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So are you confident the judge won't award them the claim because I didn't agree to ADR?

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you have already tried to resolve the issue have you not?

that's ADR/

 

dx

 


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Sorry, being a bit thick, but how have I? By merely contacting them and asking for my money back?

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well no you've sent numerous letters and email 

and with the warranty people too

when the retailer should have refunded you straight away

there is no 'dispute' that needs ADR.

you have nothing to negotiate over.

you've tried for how many weeks

they've messed you around.

that is what ADR is.

 

don't fall for their stupid defence

its MENT to try and get them out of a loss 

that's what a defence is all about

and when there isn't really one..as it this case

the defendants tend to throw the kitchen sink at a claim to try and muddy the waters and put you off.

 

 

now their defence please?
 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ok, thanks for the advice. I feel a bit calmer now!

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Update: I have received notification from the Court saying it has been ordered that:

 

1. Stay and refer for mediation to The Motor Ombudsman's Alternative Dispute Resolution (ADR) service.

 

What happens now? Do I wait for the Ombudsman to contact me?

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Hi,

I currently have a Court case going on against Hartley Wintney Motors whereby I am trying to reject a car under the 30-day thing, as the car broke down 29 days after I purchased it.

 

I was notified by the Court that the Judge had ordered for it to be referred to the Motor Ombudsman for dispute resolution.

TMO advised that this could take up to 6 months as they are currently dealing with cases older than mine.

 

Yesterday, through the Money Claims portal, I had notification that HWM had made an offer.

I am trying to claim back £3,100. That's the cost of the car at £2,500 + the cost of a warranty.

 

So there offer is: 

"We can pay £2500 on 23 October.

You must deliver the vehicle with all keys, logbook by 23 September.

If you are not agreeable, business is closing soon, and any judgement awarded in the small claims court is also unenforceable.

You will then need to dispose the vehicle."

 

So, firstly, why should I have to return the car?

It doesn't go.

I would have to pay for a truck to get it back to them.

 

If the business is closing why do they want the car?

Why would I give them the car a whole month before they pay me?

They could scrap the car and there goes my evidence.

 

Is the business closing?

Their website still has over 60 cars for sale.

Are they just trying to force me to take their reduced offer?  

 

I have checked on Companies House and in June they filed a notice for compulsory strike off.

One week later the strike off action had been discontinued.

 

I've also contacted TMO to try and ascertain if this offer is in conjunction with them, as I haven't received any communication from them advising the same.

 

If my matter is still waiting to be dealt with by TMO, why would HWM just randomly make an offer, when from the beginning they have been adamant that I am in the wrong?

 

I would very much appreciate any thoughts from people.

 

Thank you. 

 

 

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old and new topics merged

please keep to one topic per issue else it makes a mockery of all that have advised to date.

 

I would suspect this latest twist is a ruse.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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This is another trick.

They offer you a settlement even though they're shutting down the limited company as i predicted.

You drop the car and they don't pay you.

In the mean time the car has been stripped and sold for parts, the limited company has folded and you are left dry.

Your only hope is to start a section 75 as suggested or try to convince companies house not to strike off the company which is near impossible. 

The fact they have 60 cars for sale means nothing. 

They can sell them to a new limited company for £1000 each and use the money to pay wages.

All in one day.

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Whilst king can sometimes be overly suspicious, I think they are "on the money" here.

 

Company being shut down, they want the car back Sep 23rd? Fine, provided you get 'cleared funds' on Sept 23rd.

You don't get the cleared funds? they don't get the car.

 

Whilst you have the car, even if they fold, at least you have SOMETHING.

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11 minutes ago, BazzaS said:

Whilst king can sometimes be overly suspicious

I got worst since i joined cag and started reading about everyone being squeezed for money.

LOL 😂

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Thank you everyone for your comments.

 

I work for a solicitor so have taken advice this morning. I have contact HWM confirming that I am willing to accept their reduced offer, but that the vehicle will not be returned until such time as cleared funds are in my bank, following which, they need to come and pick the car up.

 

I have also received communication from Companies House advising that there is no longer any proposed strike off action as they have now bought their filing requirements up to date. So, I'm still not convinced they are closing.

 

So, the ball is now in their Court, so to speak :-)

 

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Did the solicitor have any opinion on the advice from CAG?.

It'd be nice to get some feedback from the professionals!

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Hello. Update. I contacted HWM to say I would accept the reduced offer of £2,500 but that they had to come and pick the car up. I wasn't going to the extra expense. Also they wanted me to hand the car over a month before they paid me and I said absolutely not. They then emailed me on 3 October to say they are prepared to pay £2,500 within 30 days and collect the vehicle. Please email photos showing the vehicle from all angles and the odometer reading.

 

I responded and please stipulate the date you will making the payment, then once the funds have cleared I will let you know when the car can be picked. I will get the photos to you but as the two things are not synonymous, it shouldn't delay payment.

 

They have contacted me today and said "We will pay this amount in accordance with the CRA provisions, i.e. within 14 days from delivering the vehicle back to us. We refer you to the bill of sale where you agreed to transport the vehicle back to us. We will then carry out a cosmetic appraisal. Upon receipt of the funds, you can then discontinue your claim."

 

This last communication would be appear to be a total contradiction of their previous email saying they would come and pick it up! Also, why would I take it back and wait 14 days?

 

Any advice anyone?

 

Thank you.

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