Jump to content


  • Tweets

  • Posts

    • Thanks for pointing that out, I have now correctly removed my name and car reg from the file and will upload in this post, so that the previous one can be deleted. ilovepdf_merged_(1).pdf
    • My WS / DEFENCE   This I believe should have been dealt with in 2017 as I sent a defence for this and the CCJ was removed. I had 2 default CCJ’s in 2017 (I will call it case No1. and No2.). I submitted my defence for both, excel discontinued both (I thought). BW Legal discontinued them and I signed a letter of discontinuance for both, and both CCJ’s were removed.  Both claims were for the same alleged offence (parking order on same car park) but different dates and my defence was identical for both and dealt with concurrently. I requested them to be dealt with together on the n244. Initially I sent both defences No.1 (confirmation from Bury court attachment no 5) and this new resurrected one No2. (confirmation from court attachment 1). I received an email from Manchester court advising my defence had not been received for No2. I then forwarded my original email defence sent to court (attachment no’s 2,3,4.) As both the default CCJ’s were removed I presumed both were dealt with. It might be worth noting here that I was suffering with severe depression and a doctor’s note was submitted with the original n244 set aside. Not sure if relevant but also BW Legal asked me to sign a consent order for both set asides to save costs. I agreed and signed the consent order for both cases, I attach consent order for this case No2. (attachment no 6.) Judge Osborne approved these but deleted paragraphs 3/4 ( attachment no 7). I now have a new default CCJ for the same case No2 in Sept 2018 (same case number as in 2017). I spoke to Manchester court who confirmed my defence was still not registered from 2017 and has never been on the file. Although as you can from the attachments, it was submitted. They also advise the newest notes from 2018 say that defence was struck out as the DQ sent in 2018 was returned as not served as I was not living at the address it was sent to. My new address was updated with the DVLA. This case I believe should have been dealt with the same as case No1. inn 2017, and discontinued as the defence and claim is identical except for the date (ie parking order on the same car park same issue just on different dates). NB  All attachments are from 2017 including my defence  My current defence from 2019 is below in this email    Attached also is the letter of discontinuance for case No1. I have attached: 1 Confirmation defence submission C2DP99CJ to bury court from 2017  2 email from Manchester / re-sending my defence to Manchester 2017  3 Pg 2 of original defence from 2017   4 Pg 3 of defence 2017  5 Confirmation defence submission No1 from court 2017  6 consent order for set aside No2 2017  7 approval of the order & judge Osborne deleting 2 paragraphs 3&4 from it 2017  letter of discontinuance for No2 2017        2 *Defence    Defence C2DP99CJ from 2019       
    • its not polite to hi-jack someone elses thread. a debt buyer is not a creditor   have you your own regarding your irl complaint?   dx
    • you've been had thats why..cash cowed you fell for a threat-o-gram from a paperwork only solicitor...fake/tame  I bet Halifax hasn't seen a penny of that money you paid   and you've now got another powerless DCA trying the same things  they need free money for their xmas party drinkies    if Halifax want the money.. then its THEM you pay attention too.    
    • I'm very sorry if you feel that some of the team are rude. I don't think anybody intends to be – but there is a certain forum culture which exists on all forums which makes people seem to be very direct and address each other in a way that they wouldn't face-to-face. I can assure you that the site team gets exactly the same from many of the users on this forum. But also, the site team is here almost all the time – relentlessly – and I can tell you from my own experience that it can be very exhausting and it is easy to burn out. Maybe that helps to make people forget their P' s and Q' s sometimes as well. Anyway, as the original post says, we have some big bills coming up. Things are always a bit tight and at the moment things are exceptionally difficult. I don't know why. Any help that anybody can give us is gratefully accepted
  • Our picks

piv08

Autofarm Car Sales, Colchester - Used car can I insist on repair? (section 75)

Recommended Posts

Hello everyone, in July I purchased a used car from a trader advertised as excellent condition with no issues.

On the way home the Engine and oil light came on.

The trader became unhelpful after I initially brought the car back so I raised a section 75 with Barclaycard as this was my method of payment.

After sending in all evidence and having them send out an independent assessor it was determined the car had internal engine problems that need to be fixed.

Barclaycard have said I have to return the car for full refund as the cost for repairs is too high.

I would rather have the car fixed to avoid the hassle of buying another one and changing over number plates insurance etc.

my question is

can I insist on the car being repaired under the consumer rights act 2015 (and therefore s75 of CCA)?

I have read the CRA and it seems to indicate the right to repair is a separate right from the right to reject however that is only my interpretation?

The car cost £1500 and the repair cost is looking at £1000-£1200

Many thanks in advance.
 

Share this post


Link to post
Share on other sites

No, you can't insist on the car being repaired. What you can do is you can have the car repaired after having obtained independent quotes for the work and submitted the quotes to the dealer with a, say, seven day deadline to inspect the vehicle and to produce his own quote, after which you could proceed with the repairs and then tried to claim the money back from the dealer. Whether or not you could claim the cost of repairs from Barclaycard is a question which I'm not sure about. You would certainly have to submit the quotes to them as well and make sure everyone is kept in the loop in terms of what you are proposing to do so that they can carry out their own inspections and raise their objections. It will be convoluted and it won't happen very quickly. Also, Barclaycard may well be justified in saying that effectively the car is a write-off.

You haven't told us of the dealer is. Are you trying to protect them?

 

Have you really considered the consequences of having the car repaired? If the car is repaired by the dealer – who clearly is a pretty reluctant trader, you have no guarantee of the quality of the repair and furthermore if there are breakdowns in the future, you will find yourself and deal with the same dealer – if they still exist – who will be equally reluctant and who may be equally disposed to carry out shabby work at the lowest price. I would say Barclaycard also has their eye on future reliability – or unreliability. They will be aware that if they fork out for the repairs this time, then they may well find that you are knocking at their door to fund further repairs in the future in the event that the dealer doesn't meet their statutory obligations under consumer law.
Each time it breaks down and you have to deal with the supplier of the car, you are going to find that you have delays, disputes, conflicts, uncertainty as to the quality of any work which is done.

I think you are asking for trouble and I think that as you have managed to get an agreement from Barclaycard that the price should be refunded, you should bite their hands off and take it. You done very well to have managed that far.


Share this post


Link to post
Share on other sites

a section 75 is not gov't by the CRA.

but by the consumer credit act

  • Like 1

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 

 

Share this post


Link to post
Share on other sites

Whoops - I missed that.  Yes, quite right.


Share this post


Link to post
Share on other sites

No am not trying to protect the dealer as they’ve been unhelpful.

Auto farm car sales Colchester Essex.

 

They asked me to bring the car back down which I did and then promised to fix before going completely dead.

 

I have obtained a couple of independent quotes which Barclaycard have (and deemed too expensive) and the dealer do not as they’ve been unresponsive from the get go.

 

Thank you for the advice , perhaps I shall have to bite the bullet and accept the banks offer .

Share this post


Link to post
Share on other sites

In that case I think that the advice I have given in my earlier post is correct and it is the advice that you should follow. Frankly I don't think you have a lot of choice and for peace of mind in the future, this really is the prudent way to go.

In terms of bullet-biting, I think you would be biting a much more dangerous and nasty bullet if you decided to stay with the dealer


Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...