Budget Star Limited Used Car - Small Claims Court

[BankFodder]

It might be an idea if you went through the letter that he has sent you and isolate each point and then comment on each point.

This would be best done in a tabulated format.

Have a two column Microsoft Word table with the point you have identified on the left, and your comments on the right. And maybe 1/3 column with a link to any evidence – SMS et cetera that you might have in support.

He says that he didn't agree to the repair. What do you want to say about that?

In terms of delivery charge, if you are entitled to a refund then I would say you are also entitled to the delivery charge. Although it was your choice, it is all part and parcel of the same contract and if the main contract fails then the ancillary contracts must fail as well.

 

[Rosso123]

Hi, thanks.

 

I have attached pdf my response to his letter .  I think his text to me asking if the repairs have been complete so he can pay was proof that he consented to the repair of the head gasket.  I did not repace the EGR valve.... it was an EGR Cooler. I have not tried to claim for the egr cooler as this low cost repair risked pushing the claim over £5000 and the court fee would wipe out the repair cost.

 

My aim is to have the car refunded (including MOT and Delivery) and the head-gasket repair. 

 

I have been advised to just accept his offer of the £3500 and right off the rest (my partner is also suggesting this as she is scared due to his threats in his last tel conversation and she doesn't think he will pay anything if we go to court).

 

Your views would be appreciated.

 

Response_to_Dealer_Letter.pdf

Edited January 19 by Rosso123
Spelling error

[BankFodder]

I understand your concern at getting paid if you get a judgement.
However you have no guarantee that you will get paid even if you simply accept the refund. If you return the car to him without the money then he has the car and your money. It seems unlikely to me that he will give you the money before you return the vehicle – but of course you could propose that and see what the reaction is.

If you sue him for the cost of the vehicle plus your ancillary losses I expect that you would get judgement for the lot but as I mentioned at the outset in this post, enforcement can be a problem.
It is always a problem – especially when one is dealing with used-car dealers. I don't know why but they often seem to be particularly slippery.

Your tabulated commentaries extreme helpful.
The threats he made are extremely unpleasant and I would certainly be bringing those before the court plus the other comments made which clearly amount to an acknowledgement that he had been informed of the possible work and that he was prepared to pay it.

It certainly absolutely normal that you should be able to claim for the refund of the vehicle and he should not benefit by the improvements to it and he should pay for that as well. Particularly as he was aware of them in advance.

Could you just please itemise your losses here in a tabulated form. Include the cost of the vehicle, any work, fares or petrol et cetera going to fetch it, insurance – anything else. List it all and give us a total

[Rosso123]

Hi

 

Thank you.

 

I am thinking of sending the below as a way of trying to just get it resolved before I do the small claims at the start of Feb.  My partner believes a less formal, less threating approach might work, eg I not just challenging his ego.  (I will do the costing that you requested over the weekend).

 

FORD KUGA  – RESPONSE TO YOUR LETTER RECEIVED 18/02/22
 

Thank you for your letter received on the 18^th January 2022. This letter is the first time you have offered to refund the car (£3500) and I thank you for this, along with your admission that the car was reported faulty to you within days of its delivery. However, if you actually review our conversations on whatsapp and text you will see that a lot of the other points you have made in the letter are clearly not true when compared to our actual communication, which is why I am confident in making these complaints because I have evidence of how the conversation actually went.

 

However, the aim of this letter is to find a resolution and avoid taking you to court, so I would appreciate if you would consider that on top of the refund of the car, which you have agreed to, I deserve to at least be reimbursed for the work I have had done that I have messages that prove you agreed to.

 

The car needed a new head gasket, and now it has one, there would be no reason for me to have done this unless it was absolutely necessary. I'm not going to be making any profit here, I will still be losing money. You will be getting back a car in far better condition than you sold it in, so worth more to you in material value, with all the genuine invoices from a respected garage including lots other improvements that I'm not expecting you to pay for.

 

So you end up with a better car than you sold originally and none of the hassle, which is fair as I can possibly be; I hope that you can see that all I am trying to do here is recover the bare minimum of my costs in this scenario and put this six months of problems behind me, this in no way represents the actual time, effort and cash I have put into trying to solve this.

 

I am sure on reflection you will agree it is not fair for you to expect one of your customers to pay a repair bill for a fault on a car that was sold as having “No Issues” and then for you to only offer to refund of the original sale price, while then benefitting from the resulting repair.

 

In a compromise to find a speedy solution I am willing to discount the 'Refund Of The Delivery - £230' though this discount does not represent any admission that you are not fully liable for these costs if this does go to court.

 

I am willing to accept, without any further negotiation the below:

 

By the 1^st February 2022 (A goodwill extension on the Letter Before Court date):

 

• Refunded the Car & MOT - £3500

• Reimbursement of Head-gasket repair - £1121.40

• Total – £4621.40

 

Should £4621.40 not be paid and the car collected by the 1^st February 2022 I will revert back to my claim of £4851.40 plus additional costs, not limited to but including interest, any due compensation and court fees.

 

Unfortunately due to your telephone conversation on the 13/1/22 I will not allow yourself (Mohammed Waqar) to attend either properties connected to me (). This is easily resolved; I will allow your car delivery company to collect the vehicle from Mieri Eco Farm, Drefach, SA14 7BU and they may also inspect the vehicle. The car will not be released to anyone until £4621.40 is cleared into my bank account below.

 

I now required you to give me 72hrs notice via text message before the vehicle is collected.

 

If this does not happen before 1st February 2022 then I shall begin proceedings in the County Court for the recovery of the full sums of £4851.40 plus costs without further notice to you.

 

[stu007]

Budget Star Limited

 

Registered Address: 26 Bridge Road, Saltley, Birmingham, England, B8 1TD

 

Company Number: 12819679

 

Company Status: Active

 

Company Type: Private Limited Company

 

Incorporated: 18th August 2020

 

Director: Mohammed Waqar

 

Companies House Link:

BUDGET STAR LIMITED overview - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

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BUDGET STAR LIMITED - Free company information from Companies House including registered office address, filing history, accounts, annual return...

 

 

Endole Link:

Budget Star Limited - Company Profile - Endole

SUITE.ENDOLE.CO.UK

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Budget Star Limited is an active company located in Birmingham, West Midlands. View Budget Star Limited profile, shareholders, contacts...

 

 

[dx100uk]

post codes gone in last post.

re all the PDF's - if you upload new copies i'll replace them

 

not ID theft but p'haps breaking our and your Data protection and GDPR rules.

 

[MILO25]

Rosso123

 

I have just gone through exactly the same thing with Mohammed Waqar of Budget Star Ltd.

 

In the end I have lost £400 because I could not take the abuse and stress anymore. 

 

I have also incurred lots of other charges not to mention having a car in the garage for 3 out of 4 months.

 

I intend to claim all back and also intend to report him to Birmingham Council and Trading Standards.

 

He needs to have his licence evoked so that nobody else suffers.

[dx100uk]

please create your own topic by hitting create or + in the top red banner

 

dx

 

[JamesThroth]

Hi my name is James I have seen this tread regarding budget Star Ltd, and is hard to belive Rosso123, 

 

Waqar truly is the best- Although I have not met him personally because I live I'm Edinburgh, he has been working with me over the phone and through text messages for the past 1 week. He has diligently responded to all of my questions and concerns and has gone far above and beyond what anyone would ever accept. Waqar has been nothing short of extremely professional and responsive. The car arrived 4 days ago and looks and drives fantastic- I will definitely be referring friends to him, and plan to purchase more vehicles from Waqar 

 

A troll for Mohammed Waqar

[BankFodder]

Nice to know that he made at least one customer happy

[stu007]

Further to my Post#30 Budget Star Limited have now changed their Registered Office Address. (see Below)

 

Budget Star Limited

 

Registered Office Address: 63-66 Hatton Garden, Fifth Floor Suite 23, London, England, EC1N 8LE

 

Company Number: 12819679

 

Company Status: Active

 

Company Type: Private Limited Company

 

Incorporated: 18th August 2020

 

Director: Mohammed Waqar

 

Companies House Link:

 

BUDGET STAR LIMITED overview - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

---

BUDGET STAR LIMITED - Free company information from Companies House including registered office address, filing history, accounts, annual return...

 

 

 

NOTE: The new Registered Office Address above is Serviced Offices: (see link below)

 

London City 63-66 Hatton Garden

WWW.LONDONADDRESS.COM

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Virtual Business Offices Service In London City 63-66 Hatton Garden - one of prestigious Central London addresses only from £29.99. Mail Forwarding...

 

[JamesThroth]

Oops seems like his going bust now, don't think the courts will be able to help 

 

 

 

A troll for Mohammed Waqar

[honeybee13]

Could you tell us more please, James? Companies House don't seem to be aware of this.

 

HB

[JamesThroth]

8 hours ago, JamesThroth said:

A troll for Mohammed Waqar

 

[stu007]

@ JamesThroth

 

So if you live in Edinburgh (post#34) and this Company is based in Birmingham how are you aware that this Company is going Bust please enlighten us as it is certainly not what 'The Gazette' says.

 

The Gazette:

 

BUDGET STAR LIMITED | 12819679 | The Gazette ...

WWW.THEGAZETTE.CO.UK