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Hunts motors Bedford - cambelt failed after 2K/5mts Court Claim Issued


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Hi all.

We purchased a 2009 Ford fiesta on 08.11.2021 from a car dealer.

Mileage 99,000 for £2900.

 

on the 27.11.2021 we had the car inspected by Kwik Fit mechanic and following faults identified:

Front brake pads are worn and close to metal,

the SRS (airbag warning) light remains on,

Both rear indicator lights are discoloured,

the Nearside registration plate lamp is not working,

Front tyres are a different size to the rear tyres

exhaust backbox is heavily corroded.

Proof of full service history not provided as indicated in the advert and promised by the dealer.

Car returned for repair on 30.11.2021.

 

My son picked up the car a few days later and took it on trust that all repairs were carried out.

He did not receive evidence of full service history.

He has a partial history with last stamp being 2014.

Also the dealer again informed us that the car had a full service at time of sale.

 

AA called out to car on 07.04.2022 and informed us that the timing belt has gone and possibly caused damage to engine.

I wrote to the dealer twice with no response until I sent letter before action:

they refused to do anything

said that there was only a 3 month warranty.

 

I issued a claim on the 11.05.2022:

 

I requested a repair or full refund of the purchase price of £2900 on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015.

The defendant is refusing to repair and/or refund the cost telling us that they only offer a 3 month warranty and are not going to address the issues. They are ignoring the Consumer Rights Act 2015.

 

They have responded to the court that: 

Car had a warranty of 3 months.

Car was brought back and we got it repaired.

Cam belt is wear and tear and he should have been informed by the service people.

We are not liable for wear and tear.

Furthermore it is out of warranty period.

Cam belts be checked by claimant regularly.

We deny all claim.

 

They have asked for mediation.

 

I really  am at a loss of what to do for the best as we trusted that they would be upfront and honest.

I also would expect that if they had serviced the car as they said they did, they would have advised if the cambelt required changing or needed to be changed especially at the mileage and age of the car.  

 

Any advice would be appreciated.

 

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can we see your particulars of claim please and the defence they filed.

 

how many miles did you travel in the car before the belt failed.

when should the belt have been changed under the ford service schedule and do you have evidence it was?

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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Thanks for the reply dx.

My son did around 2000 miles.

Apart from the dealer saying that they had serviced the car there is no evidence that the car has had a service since 2014 or cambelt change.

Ford have informed me that the belt should be changed every 8 years or 100,000 miles -which ever comes sooner.

 

 

 

Thanks dx.

 

 

Just to add: we paid the deposit on a credit card and have made a section 75 claim. Trying to cover all bases. 

 

My Claimform and their defence+DQ.pdf

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  • dx100uk changed the title to Hunts motors Bedford - cambelt failed after 2K/5mts Court Claim Issued

hehe 

you still didnt remove the reg.

i've done if for you and merged the PDF's.

 

well as you already know any warranty is not worth the paperwork it's written upon and never is.

as this failed within 6mts of ownership and was sold very close to the cambelt change date and they claimed it had a full service history, under cra 2015 you have a very good chance. the 2k miles and 5mts ownership is in your favour too.

 

you need to do your n180.

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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Posted (edited)

Thanks dx. 😅

 

the only options are to agree mediation and proceed to hearing. There was a nothing about N180. 
Also it advises that you get a faster hearing if you agree to mediation

Edited by Doingmybest
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thats their n180 

you need to do your own

unless this new on line system you have used? dispenses with N180's , unlike MCOL.

 

you should always agree to mediation

 

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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The online system dispenses with the form - when you click to proceed it takes you through all the questions.

Thanks for your help. I will keep you updated.

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plenty of court claims against rouge traders here and what to do.

 

 

  • Thanks 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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thats terrible and against the law!!

did you sign that on their premises?
although it does not say so as it should on the invoice that if by doing so all your rights are supposedly removed.

 

god i though these scam traders doing this died years ago.

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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Yes we signed on the premises.

Wow, so our rights were removed because we signed the invoice?

 

here is the main section from the original advert:

 

Service History just been fully serviced by us, One Year long Mot, 2 Keys, Cruise Control, Phone Connectivity, Aux Connectivity, Alloy Wheels,Air Conditioning, V5c Present, 3,6 & 12 Months Warranty Availabe (T & C Apply), Delievery Options Available.

This car is available to view at 31 Ampthill Road Bedford MK42 9JJ, Service history, 16in - Alloy Wheels, ATC Air Conditioning, Auto Wipers, Auto Wipers inc. Auto Headlamps, Cruise Control, Perimeter Alarm, Premier Alarm, Privacy Glass, Quickclear Heated Windscreen, Radio/CD, MP3 Compatible with 2-Line Display and Aux In, Windows - Power Front One-Shot. 5 seats, Grey, 2 owners, £2,990

 

 

 

 

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no your rights under the cra 2015 have NOT been removed.

thats one of the reason cra 2015 was brought in to closed down these rouge traders ...hence my comment

 

 

your claim is valid

 

On-premises” sale – If the car purchase is made on the premises of the business (e.g. an independent garage or car dealership), you will only be able to request a refund for the car if there is a problem with it. Under the Limitation Act 1980, s5, you have up to 6 years from the point of sale to make a claim for breach of the sales contract.

Under the Consumer Rights Act 2015, if the vehicle is found to be defective, based on your first tier of rights, you may request within the first 30 days of purchase;

  • The rejection of the vehicle in return for a full purchase refund; or
  • For the trader to repair the vehicle; or
  • For the trader to replace the car like-for-like.

However, if the vehicle is found to be defective outside the first 30 days of purchase, you may request:

  • A rejection of the vehicle if the trader has exhausted their “one shot” at repair ( the seller would be entitled to make a reasonable deduction for your use of the vehicle);
  • To keep the vehicle in its defective state, in exchange for an appropriate price reduction, if the trader has exhausted their one shot at repair; or
  • To be awarded a like-for-like replacement vehicle.
  • Thanks 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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  • 2 weeks later...

We have mediation appointment next Wednesday but I’m a bit worried: the contract is in our sons name, and I’m making the claim on his behalf. 


The credit card have knocked back the 75 because the card is not in my sons name(3rd party)


they said that there is not a valid debtor -creditor-supplier agreement.

 

Is this correct and will the court take the same approach?

 

 

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Oops, your son should be the claimant.

 

Has the defendant picked up on this yet?

 

Dx

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, not yet. 

 

I’m guessing I need to cancel this claim and my son make a fresh claim and put me down as acting on his behalf?

 

we are within the 6 months according to the emails etc

 

I've had to complete a N244 application notice in order to make the necessary changes and pay the £108 fee.

Sets the process back a fortnight but as the defendant will have to be re-served.

 

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you cant act on his behalf, he will eventually need to do mediation and appear at any hearing.

 

 

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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you can authorise someone to mediate on your behalf- this can be done verbally or there is a form that they sent to give written authority.  
I’m sure that when I was making the original claim that there was a section again to give authority to someone to act on your behalf. 

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Quick update.

 

We had the mediation this morning (waste of time) - trader offered a good will gesture of £150.

 

They believe that under the Consumer rights act that it is the consumers responsibility to check that the car is roadworthy and that the car has been serviced in accordance with the manufacturers service intervals.

 

They offered 3 months warranty which would not have covered the cam belt anyway as that is wear and tear.

 

of to court we go then.

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