Carwise, Epping - Small Claims - Used Car return for refund questions **Refunded**

[BankFodder]

I'm looking at your extremely long post on a telephone so it's rather difficult.

 

However, on what I understand your chances of success in a county court are excellent.

you have done exactly the right thing by sending them a letter which cites your rights under the Consumer rights act.

 

 

I am not sure if you have mentioned the name of the dealer. Please do so. The only problem will be that once you have won whether it is possible to enforce the judgement. Is this a well-established dealer with solid premises and stock on site?

 

the fact that they have stopped responding to you is troubling and suggests that they are rather evasive and slippery.

 

 

[BankFodder]

Really you are going to have to make your own judgement as to what to do.

 

however if you do bring the Action then you will undoubtedly win.

t is inconceivable that you could be defeated on this.

 

the problem of course will be in enforcing the judgement and if you do win then I would have the judgement transferred up to the High Court for a very vigorous enforcement by the High Court enforcement officers which would cost you only £66 but which will cost the other side at least a couple of grand assuming the enforcement succeeds.

If the enforcement doesn't succeed then you won't incur any further losses although of course you would have lost your claim fee.

 

Apart from the fact that you paid by bank transfer and were gullible enough to accept all the assurances of the dealer, you have done all the right things in terms of writing to them to assert your rights.

 

I think you now need to make your decision as to whether or not to bring the claim. If you decide that you will then we will help you.

 

If you decide to sue them then the next step is to send them a letter of claim, to read around on this forum about how to bring a claim, to register with the county court moneyclaim website and then issue the claim on day 15.

 

Don't bother to bluff. it won't get you anywhere as you probably now realise.

[BankFodder]

I would suggest that you put it in for the MOT straightaway. Why wait?

Then you will have an even better picture of what the defects are.

 

However, if it was advertised with a service history and you haven't had one then this will add great strength to your argument that you should have a refund.

 

if there is no service history then there is no way that they will be able to satisfy the requirement that they are giving a single opportunity to repair.

 

Put it in for the MOT and then write them a letter telling them that you are giving them a single opportunity to carry out all the repairs and also to provide you with the service history and if they will not do this within 14 days then you will see them without any further notice.

 

My advice is but if they they suggest that they will carry out the repairs but do not provide you with the service history first then I would refuse to go ahead with it.

 

they might easily say that they are going to do repairs and ask for the car back and then eventually provide you with the vehicle with repairs done to an uncertain standard but no service history.

 

The service history is merely a piece of paper and they should be able to provide that to you without any delay at all.

 

The service history should be be the nonnegotiable condition for continuing with any further discussion of repairs.

 

be well aware though that enforcement of the judgement may be very tricky.

 

if you begin a claim then make sure that you are very careful about using the correct name for the business.

 

Double check the invoice that you received, the name of the company that you sent the money to to an any other ways that you have of identifying the business.

sometimes these companies trade under different names and you tried to sue them and then they say that they don't exist or that you have sued the wrong name etc.

 

 

 

 

if you start drafting a particulars of claim then post it up here so we can check it. It should be as brief as possible containing the bare facts and nothing else

[BankFodder]

@Andyorch

[BankFodder]

Get the statement which you have been offered.  It will be extremely important to your case.

 

I would suggest that you write to him and tell him that only a full refund will be acceptable and that you are extending your deadline by a further 5 days after which you will issue the claim without further discussion.

 

I agree that you are in a bind about needing a car etc.

 

If you fell that you would be better served by getting it repaired and suing for those costs then that is certainly an option.  In that case get 2 quotes for the work and send then to him and tell him that you are going to put the work in hand in 5 days and that you will be suing him for the cost.

 

However, don't forget that you will still be saddled with the vehicle and if there are further problems in the future you will still be faced with the same issues with this dealer.

 

You would be much better off making a clean break and suing for the refund.

 

Whatever, get the statement - post a copy here.

 

 

[BankFodder]

will you are the one who told us you were offered a statement by somebody so you should know what statement I'm talking about.

i certainly agree that you should make the clean break. I think anything else and you are are getting into a load of trouble with no end to it.

also I think that you should get an MOT straight away so that you can understand the full extent of the problem. A detailed MOT fail certificate will help you a great deal in court

 

get the statement. If you can't work out which statement then read what you have written previously

 

 

[BankFodder]

In theory you could certainly claim for the value of the improvement but it gets complicated.  You must certainly give notice of any work to be carried out and best to get two quotes.

 

Lots of time-consuming stuff

[BankFodder]

21 minutes ago, CARWISEUK said:

I would like to state that Matthew was fully refunded for his vehicle and all of the comments he has made on this forum are totally unjust and also illegal where he signed a NDA not to slander our company or the Director - Matthew you are in breach of both! It is always nice to read when a keyboard warrior starts to sabotage your business and then has the audacity to walk into your premises to receive a full 100% refund of a vehicle and doesn't then update all his comments that he was reimbursed for his vehicle! See you in Court Matthew! 

 

Thanks for this input. Of course a slander/libel is an untrue statement

Please could you identify the statements which have been made and which you believe to be untrue and we can decide whether or not they should they removed from this thread.

[BankFodder]

And @matt4p  it would have been helpful if you had let us know that you had received a refund. Regardless of the truth or otherwise of the story you have given us – and I have no reason to disbelieve it – it would have been fair to the garage and to us to let us know that there had been a settlement

[BankFodder]

please will you send me copies of the email correspondence you have had to admin email address. It will all be received in complete confidence. 

We never breach confidences

Thanks

[BankFodder]

@CARWISEUK we've heard a story that you agreed to give the refund and then withdrew your offer subject to having reviews over the Internet removed.

Is that correct?

[BankFodder]

So I understand that you made an offer of a refund and it had nothing to do at any time with removing reviews.

 

 

[BankFodder]

@CARWISEUK I'd be grateful if you could tell us a bit more about the offer of the refund, and why was made et cetera. Why should Matthew tell us that the offer of a refund was withdrawn until reviews were removed?