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Avon Car Sales - Dubious tactics not to refund for fault in car - court claim issued


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No Need to do anything yet until the court advise they have submitted a defence.....then the claim will move to the next stage (Allocation) which will advise you what happens next and by what date.

 

keep checking the status though nearer their defence due date....if they don't file defence you can request judgment on day 33.

 

Andy

 

 

 

.

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  • 2 weeks later...

No that's fine for the moment.

Please will you take a copy of the above PDF in Microsoft Word format – or some other word processor format and then tabulate it into two columns.

In the left-hand column arrange the defence in paragraphs – one paragraph per row. In the right-hand column, please will you put your comments so that we can see what your responses are to each one of the points which have been made in the defence.

Take your time over this. There's no hurry – sometime next week would be great.

I don't see any problem going to mediation. It probably won't produce anything – but it won't hurt you

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In that case you should consider buying a new scanner. You can buy them very cheaply for about 70 quid from Currys or John Lewis. You have it for years and it will help us and you will be able to get greater benefit from the free help and advice you are getting here.

Much cheaper than paying several hundred quid per hour for a firm of solicitors who will only do a half-hearted job for you anyway

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open the pdf in word itself

then you can insert  a 2 column table to put each defence sentence into a box with a blank at its side.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Here's a converted file for you to get started with.

You have to go through and correct any typos because the conversion from PDF is not completely accurate

Avon Defence 2021-Apr-22 copy (1).docx

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  • 2 weeks later...

Apologies.... battling with painful migraines for the last month and missed the deadline for the "small claims Directions Form"  and file it with the court [County Curt Business Centre - Northampton] by Thursday 6th May. As Monday is a Bank Holiday, when the latest I can Post this?  First Classic / Next day Delivery??

 

Also the defendant has requested mediation which didn't work when I tried it with him directly before.  I assume that the Court maybe take a dim view if I choose not to do this and go to court?   The car was clearly demonstrating a problem so its only me that stands to lose via mediation!! [see form Attached]

 

And, do I need to submit anything else with the form?  I had submitted my claim particulars originally and they submitted their defence.  Do I submit my response or that is part of the evidence that gets dealt with at the hearing?

 

Plus in their form, they put the court as Warwickshire when I'm in Winchester.  I thought I read a while back that the Claimant has the benefit of choosing the court location.

 

Please note section D2 of their attached form

 

Regards

 

MCOL Avon Car Sales DQ 2021-Apr-27.pdf

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I'm sorry about migraines – I'm sure it's very difficult – but you must not miss deadlines. Although it may not damage your position – you never know. It doesn't look good. If you haven't sent it off already then you should have sent it off now and not be asking us.

The tendency now is to go to mediation – so go for the mediation. You never know what you might learn.

When you get mediation date then let us know. Just submit the DQ – you don't need to do anything else. Don't hang around.

In terms of the court – of course they will choose their own local court. On the DQ you must indicate that you want it at your local court because they are a business and you are a litigant in person.
In all likelihood the case will be allocated to your local court. However if you miss deadlines, then you create risk for yourself.

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You could email to Northampton and follow up with a hard copy......

 

complete it on your device.

 

Directions questionnaire

[email protected]

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 8 months later...

open

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Got a Court letter  that "Upon reading an email dated 2 Nov 2021 from the Defendant, it is ordered list for preliminary hearing with a time estimate of 30 minutes by attended"

 

What do they do at this?

What is expected?

How do I prepare?

 

I note that there is no reference to any emails from me being the other party & I don't know what the contents are of the email referenced.

 

The previous court letter of 20th Oct 2021 ordered that "unless the defendant (Avon Cars) files & serves a completed directions questionaire by 3/nov/21 the defense shall be stuck out.   I guess that the email could refer to that but I don't recall getting a copy

 

Regards

Edited by Sc0ut
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I'm sure the letter you received must have more than that in it. It must at least give a date.

It will be much easier if you could please put up a copy of the letter in PDF format having use the scanner which you bought recently.

Also you should think about telephoning the court and telling them that you don't have a copy of this email and can they send you it by email.

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And what else has happened in the last 8mts to your claim?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No you don't have to worry about GDPR.  It's not personal data and you are not a data processor in any event.

So the letter basically says that there is going to be hearing. End of story

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  • 3 weeks later...

Hi

Had the pre-lim hearing. 

The judge has asked me to give more detail in  "further particulars" as there was understandably little space on the MCOL form to give detail especially w.r.t. the Defence's statement:

1.  The Defendant denies any breach of the Consumer Protection From Unfair Trailing Regulation and in any event the Claimant has failed to particularise any such breach and the Defendant is therefore unable to file a defence in relation to the allegation

2.  The Defendant denies any breaches of the Road Traffic Act 1988 and in any event the Claimant has failed to particularise any such breach and the Defendant is therefore unable to file a defence in relation to the allegation

Later I will post my response to (2) but need help with (1)

Have to email it in a day or 2

Regards

MCOL Avon Defence 2021-Apr-22.pdfMCOL Avon Defence 2021-Apr-22.pdfMCOL Avon Defence 2021-Apr-22.pdf

 

MCOL Submission Avon Car Sales 2021-Mar-24.pdf

 

I note that the The Consumer Protection Regulations 2008 is now The Consumer Protection (Amendment) Regulations 2014.  Too much for a novice like me to wade through and comprehend in a day.

I had a go using the Defendants statement.  see what you think ...MCOL Further pariculars 2022-Feb-02.docx

Should I bother to address their assertion that "In light of the unsuccessful chargeback, our Client is confident that they will be successful shall you proceed with this matter in court."  [Legal letter] 

They quote this in their Defence : "

18  18  18.   The Claimant attempted to issue a s75 chargeback to receive the monies back from the contract, which the Defendant successfully overturned"    .  [VISA confirmed to me that they carry out a very basic check that didn’t take into account the nature of the dispute and that it wasn’t in its interest to look deeper into the matter so they did not ascribe any liability for the Defendant’s claim]

 

Any news????  

What do you think?  

I still haven't received the directions yet but the deadline is soon,

Do I need to include evidence at this stage??

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  • 2 years later...

so what happened?

 

  • I agree 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Avon Car Sales - Dubious tactics not to refund for fault in car - court claim issued

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