Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • hearing fee will have to be paid before the final date for exchange of docs the 4 days you mention is 4 days before you have to submit anything.    Now I would keep an eagle eye on the calendar and write to the court if they havent obviously paid the fee by that date ( check online to see if they have paid) and if they are late you are unlikely to get a strike out but you are likely to get a costs order if you ask for it as an addition to your WS
    • this thread will be read by thousands of other people so if you get told off for doing somehting wrong that you didnt know about dont take it personally, it is there as a warning to those who read these forums and then go out and do the same thing despite having the resources available to them to avoid such errors.   So, block their email addy so they get a bounce back if possible and if they ring you tell them in writing please.   We avoid phones and emails as they give the fleecers FREE access to you. Make them pay for an envelope and a stamp if they want some charity.   The less honest solicitors who represent the parking co's also try and abuse the legal process by sening importnat documents by email at midnight on the day things were supposed to be with you and then claim that it was properly served when they are supposed to have sent it by 4pm.   If you force them to use the postal system they cant pull this stunt
    • when talking about liability make sure that you point out in the strongest terms that CEL's NTK is NOT POFA compliant and even fails to create ANY liability by their failure to use the key phrases of the POFA to create a liability.   Quote their NTK and show why it is cobblers with reference to the para of the Act you rely on.   I know you have this a point 12 but move it up to sit with the relevant points rather than being isolated. context is important, your WS is telling a story as well as reeling out facts.   Point 8, the additional costs are only applicable to the driver and where a keeper liability is created under the POFA only the original sum on the NTK is enforceable.   Courts ( Southampton and Lewes plus others) have decided that the extra additional charges are indeed extravagant as they represent more than XX% of the actual contractual charge. This invites you judge to use their formula rather than work in isolation. they will thank you for that, they like "persuasive" cases to refer to.   ppints 14-16. Dont tell the court its business, this looks like commentary rather than your WS so reword it and shorten these points and drop the bit about what parliament is minded to do at some point in the future, you are dealing with a problem with the law as it is.   So get all of your supporting docs and images together and you will be good to go. Do not rely on their pictures of signs, CEL are happy to use a computer to change the reality to fit in with thier claims of that particular day and use stock images when they cant lie.
    • After the fastest operational changes the credit industry has ever seen, Credit Strategy has launched an industry-wide survey to establish how collections organisations have transitioned since the lockdown View the full article
    • Well they would have to secure judgement in France and then have it transferred to UK – have it confirmed there and then forced. For this kind of value I can't imagine they would start.   I'm not particularly familiar with French law – but I do believe that there is a moral aspect to contracts – and so therefore the principal which is enshrined in UK statute – the supply of goods and services act 1982 – most likely exists in France. The principal being that where a price hasn't been agreed then a reasonable price will be implied. You seem to have excellent evidence that the money they are demanding is not a reasonable price. They should have engaged with you the beginning and agreed a price. Their loss
  • Our picks

    • View this quiz Employment status during COVID-19
      What do you do if you’ve been told not to come to work due to the current crisis.  Watch the video here or on the Youth Consumer Service Instagram page.

      Did you learn anything? Do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 0 replies
    • One Parking Solutions - Damning judgement. Read more at https://www.consumeractiongroup.co.uk/topic/421148-one-parking-solutions-damning-judgement/
        • Thanks
        • Like
      • 64 replies
    • View this quiz Coping with extreme hardship
      Life can be tough when you're entering the world of work and in the present virus crisis, things are even more difficult.

      Watch the video below or go to the Youth Consumer Service Instagram page . Afterwards, you can see if you've understood the points which are being made by taking the quiz.
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
    • View this quiz: Pre-pay meters
      An explanation of how some gas and electric companies offer emergency quarantine support.

       
      Watch the video here – or go to the Youth Consumer Service Instagram page and watch it there. Then come back here and do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 6 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
matohwe

Motor House UK - Taking a dodgy dealer to court

style="text-align:center;"> Please note that this topic has not had any new posts for the last 269 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

Hi all. Thank you in advance for helping me sort this issue. 

 

I bought a car from this dealer - https://www.derbytelegraph.co.uk/new...-derby-3079165

Brief Time of events...

Paid for the car in Mid April by debit card and part ex and gave them a list of items to fix as part off the sale. The car came with a 3 month Return To Base Warranty

Car was not fixed until Mid June. The car was either given back to me as fixed which it wasn't and I'd return it back to them to fix. They had the car for  3 different occasions totalling ~6 weeks. No compensation or anything similar was paid. The car was leaking about 3litres of oil per 50 miles. Car was returned to me on 13 June 2019 fixed.

1 July the alternator dies and I ask the dealer to repair and they decline because of Wear and Tear on the item. They did not investigate at all. They tell me they can refer me to one of their approved garages which can do the work at trade prices. They do not send any info about this. I try and chase them and I don't get any responses. 

I get the car fixed myself at a cost of £1.5k. The batteries fitted to the car were incorrect and were causing the alternator to work harder so it burned out and also damaged the battery. I inform them about this and asked for reimbursement and also supplied them with the repair report. I then get a reply from legalsolutions4u saying the matter had been referred to them.

A lady rings me last week from legalsolutions4u and asks me for the receipt and other info that the dealer could have provided them. She asks for my email address and promises me an email in 10mins and 72hrs later I'm still waiting for this. 

 

 

I get a response from legalsolutions4u saying in brief:

*They repaired the oil leak as a gesture of goodwill (bearing in mind it was a condition agreed during the sale)

*The dealer should have been afforded the opportunity to inspect the car when it was faulty before proceeding with the repairs (as above, I chased the dealer and they made empty promises to contact me back and said they wouldn't fix the car anyway)

I plan on referring this to a County Court to recover fees. Can you guys give me some tips on how to handle this

Share this post


Link to post
Share on other sites

Please monitor this thread for a full response tomorrow – or maybe Sunday.

You can be confident that on the basis of what you say that you have a legitimate claim and if you are prepared to take the necessary action then you will succeed.


Share this post


Link to post
Share on other sites

I'll be travelling around for quite a few days and won't have much access to the Internet.

It's a shame that you pay for any of the repairs yourself. You won't obliged to. You have very clear rights under consumer law generally and under the consumer rights in particular.

If you I would write to them and reject the vehicle. Get yourself some independent estimates as to what is wrong with it and the cost of repairs and then come back here. It may be easier to get them to do the repairs although how trustworthy they will be about that is difficult to say. You haven't told us anything about the make of the vehicle or the age of it or how much you have paid. That would be useful to know.

It would also be helpful if you could give us a more concise bullet pointed explanation of exactly what has gone wrong along with dates.


Share this post


Link to post
Share on other sites

Hi

 

The car is 8 years old and cost £12k as a round figure. Apart from the oil leak and alternator failure the car has been reliable. I have also spent a considerable amount of money cleaning the car and making it right as it was owned by a farmer previously and it wasn't 'clean' enough for me. 

 

You are right, I should have rejected the car however I feel om past that point. What I would like to do is to hold them to their promises that were made at the point of sale. The alternator failure should have been covered by them but they chose to ignore me and fob me off to legalsolutions4u who are also fobbing me off. The interesting thing I have seen so far as both the dealer and legalsolutions4u think I have no evidence when I do. 

 

Submitting the case to a small claims court is the route that I would like to take. 

 

By the way I chose to repair the vehicle myself because of work commitments and I have a young family who depend on the car. The dealer did not respond when I approached them so I prioritised my family instead of chasing them around. 

Share this post


Link to post
Share on other sites

Have you had quotes for all of the work that still needs to be done?

please would you mind that and separately itemize the amount of money that you have spent putting the car into its contractual position.

 


Share this post


Link to post
Share on other sites

Hi, 

 

Apologies for the late response, I have been caught up. I have now submitted the form to the small claims court. I'll keep you posted on the progress

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...