Motor Mart Ltd. returned Faulty Car Court Claim Issued

[BreadAndButter]

Rang them AGAIN today

They have closed the original dispute !  Reopened it.

Told them I want a charge back they said they cant do it until its been investigated and would not budge.

Looks like they are useless!

Im going to demand one by postal mail

[lolerz]

Call them again and don't get off that phone until they issue the chargeback.

[BankFodder]

Did you begin a formal complaint? Did you get a reference number for it?

[BreadAndButter]

nice ideas guys, but its not me, the father in lw was on the phone for 2 hours and then told them to  - he wont be calling back.

On with court then!

[BreadAndButter]

Ok ,letter sent asking to make a complaint, the police crime number attached, demanding a chargeback, escalation to financial ombudsman etc. etc.

 

Also, phones Leicester police, reported dangerous car resale and fraudulent garage - they now have to make a visit

[BreadAndButter]

RBS have come back, they have decided there is insufficient evidence and will not be processing any chargeback.

Ive checked and its not a legal right and so i cannot quote any laws to that effect.

All because they have asked for proof the car has been returned (a dodgy bloke with a trailor?) 

RBS are terrible!

 

[lolerz]

No Laws but you can complain to the Financial Ombudsman as there are processes that have to be followed.

Get drafting that letter of claim and pop it up here for us to have a look at.

[BreadAndButter]

Letter before small claims court claim

[My address]

[Supplier's address]

Dear Guy WhoRipsOffOAPS

Reference: Refund of Kia Piccanto NL13 AHC

As it has not been possible to resolve this matter amicably via multiple emails or attempted phone calls, nor will further phone calls be accepted by you to resolve this matter, I write in compliance with the courts Pre-Action Protocol to notify you of court action if you fail to settle the outstanding sum in full.

Amount outstanding: £3655

 Requested action: Full Refund.

This should be returned to the original form of payment: Debit Card.

From you I am claiming a full refund for the Kia Piccanto reg NL13 AHC which is currently in your possession and currently available for sale. You have an obligation to refund immediately the initial payment made for this car in January 2024, which has already been verbally agreed multiple times on the telephone yet has failed to materialise.

I look forward to hearing from you within the next 14 days.

Should I not receive a response to my letter within this time frame and having given you sufficient time prior to this letter then I anticipate that court action will be commenced with no further reference to you.

Court documents and evidence have already been prepared will be submitted to the courts on 27/03/2024

Yours faithfully, 

[BreadAndButter]

Still no sign of any contact nor money.

Time to get ready for court claim tomorrow

[lolerz]

When did you send your LBA?

Draft posted here was on March 15th. Meaning that if it was sent on that date the court claim would go on March 29th.

 

To comply with PAPLOC the LBA would have to be dated the 13th to submit a court claim tomorrow.

[BreadAndButter]

Yep, 11th posted here originally and sent out on the 13th recorded

[lolerz]

Alright.

Drop your Particulars of Claim here so we can have a look BEFORE you submit it to MCOL.

[BreadAndButter]

Defendant - is it the individual or the company Im claiming against?

erm.

I checked google maps it shows a corner of grass

no such address

also nothing on here but a london address match

Access Denied

WWW.PARCELFORCE.COM

So the director is a scam then, one for later.

The only address i can use then is the garage address?

Luckily i sent a notice to both addresses before claim.

Ill send it to the office address in Leicester as thats now the only one i have.

[Nicky Boy]

On 27/03/2024 at 09:36, BreadAndButter said:

I checked google maps it shows a corner of grass

no such address

You have used "65 Howarth Road"... There is a "65 Haworth Road" at that postcode...

However...

On 27/03/2024 at 09:30, BreadAndButter said:

Defendant - is it the individual or the company Im claiming against?

The company in Leicester will be your target.

[BreadAndButter]

Initial short statement

Refund of Kia Piccanto NL13 AHC .

I am claiming a full refund for the Kia Piccanto reg NL13 AHC which is currently in your possession and currently available for sale.

You have an obligation to refund immediately the initial payment made for this car in January 2024 Amount outstanding: £3655
 
Requested action: Full Refund.
This should be returned to the original form
of payment: Debit Card.
 
The car was immediately returned when it was found to have multiple faults, within 30 days Under Consumer Rights Act 2015
This refund has not been completed under this act after multiple attempts to make contact and multiple promises.

Ok thats been filed.

So, now onto the detailed POC

 

POC ready but i do not yet know the court

 

XXX County Court

Claim no. Lxxxxxxxxx

 

Between

xxxxxx (claimant)

 and

 Motormart Ltd.

 

Further and Better Particulars of Claim

 

 

1. The claimant purchased a car, Kia Piccanto, for delivery, registration NL13 AHC described as good condition and good working order with MOT over the telephone. He paid the asking price.
2. The car arrived on 12^th January but had multiple issues and was not fit for purpose.
3. The faults included:  The discs and brakes as a whole are rusty, the car juddered heavily under braking and would not stop properly. A wheel nut was missing (dangerous). Cigarette lighter was not working. The Tail would not open properly and the boot cover for the release is missing meaning water can come into the car. There is also an oil leak at the top of the engine and black soot is coming out onto the driveway. None of this fits the original description of the car.
4. Motormart Ltd.accepted the claim and picked up the vehicle on the 15^th January with a note from Richard with all of the faults.
5. As a gesture of goodwill on his part he has put £30 fuel in the car and did not wish for this back.
6. Since then, multiple phone calls have been made in an attempt to retrieve the funds for the car. The claimant was told he would have to wait a long time for this refund, that he was a liar and now the company have blocked his phone calls
7. Family members have since tried to converse with the company but received either verbal abuse themselves and/or blocking of their number also.
8. The company display on google maps a picture of an AA registered garage scheme poster, however they are not registered with the AA after making a formal complaint.
9. The claimant wished for a refund of the returned vehicle which has never been processed.

 

 

I believe that the facts stated above are true

[lolerz]

I've edited your post to remove the claimants name.

We recommend you submit the claim online via the Money Claims Service.
 

Register with the MoneyClaim online service via the government website.

Please wait for further advice about your particulars of claim before submitting.

[BreadAndButter]

so i need to send this to the defendant by post?

[dx100uk]

no MCOL does that.

get reading up there. or hit small claims 

 

dx

 

[BreadAndButter]

ok thats where the process QA confused me it says 

 

Q. If I check that box, when do I send detailed POC?

A. You must send the full POC within 14 days of the claim having been served. You send it to the defendant directly. You must then file a certificate of service with the court within a further 14 days.

 

That contradicts what you say?

 

 

I havent done anything with the FURTHER POC as I dont know the court name

- i guess i upload this to the MCOL if they are sending it to the company

 

 

Edited April 5 by BreadAndButter

[BreadAndButter]

Ive just logged in and its status is 'issued'

but nowhere to add further details of the poc?

[BreadAndButter]

41 minutes ago, BreadAndButter said:

so i need to send this to the defendant by post?

"I will provide the defendant with separate
detailed particulars within 14 days after
service of the claim form."

is on the base of the poc the court has sent them so I guess i must send them on asap

 

[BreadAndButter]

can i clarify the detailed poc must be sent to the defendant If so it needs to go today 24 hour post as time is up tomorrow

 

cheers

 

[dx100uk]

are you filing a more detailed POC than what is on MCOL already?
dx

 

[AndyOrch]

You dont send a detailed POC if you didnt tick " Q. If I check that box, when do I send detailed POC? "

Which you shouldn't have anyway.

 

Andy

[BreadAndButter]

Box ticked to give more info of events.

As  above entered on MCOL:

Refund of Kia Piccanto NL13 AHC .
I am claiming a full refund for the Kia Piccanto reg NL13 AHC which is currently in your possession and currently available for sale.

You have an obligation to refund immediately the initial payment made for this car in January 2024 Amount outstanding: £3655
 
Requested action: Full Refund.
This should be returned to the original form
of payment: Debit Card.
 
The car was immediately returned when it was found to have multiple faults, within 30 days Under Consumer Rights Act 2015
This refund has not been completed under this act after multiple attempts to make contact and multiple promises.

 

Detailed POC, sent to defendant today.

 

 

XXX County Court  (not yet known so not included)

Claim no. Lxxxxxxxxx

 

Between

xxxxxx (claimant)

 and

 Motormart Ltd.

 

Further and Better Particulars of Claim

 

 

1. The claimant purchased a car, Kia Piccanto, for delivery, registration NL13 AHC described as good condition and good working order with MOT over the telephone. He paid the asking price.
2. The car arrived on 12^th January but had multiple issues and was not fit for purpose.
3. The faults included:  The discs and brakes as a whole are rusty, the car juddered heavily under braking and would not stop properly. A wheel nut was missing (dangerous). Cigarette lighter was not working. The Tail would not open properly and the boot cover for the release is missing meaning water can come into the car. There is also an oil leak at the top of the engine and black soot is coming out onto the driveway. None of this fits the original description of the car.
4. Motormart Ltd.accepted the claim and picked up the vehicle on the 15^th January with a note from Richard with all of the faults.
5. As a gesture of goodwill on his part he has put £30 fuel in the car and did not wish for this back.
6. Since then, multiple phone calls have been made in an attempt to retrieve the funds for the car. The claimant was told he would have to wait a long time for this refund, that he was a liar and now the company have blocked his phone calls
7. Family members have since tried to converse with the company but received either verbal abuse themselves and/or blocking of their number also.
8. The company display on google maps a picture of an AA registered garage scheme poster, however they are not registered with the AA after making a formal complaint.
9. The claimant wished for a refund of the returned vehicle which has never been processed.

 

 

I believe that the facts stated above are true