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    • Hey everyone, I am hoping I can get some guidance with a car I recently purchased.   I have been looking around for a newer car and thought I would check out those internet car seller folks.   I found a car I liked and the description said it had all the things I wanted, so I paid the deposit, applied for finance, which I got, and opted for a PCP contract, paid my deposit and got my order confirmed. The car was delivered on Monday 1st June. First I must say that overall I am really very happy with the car, it is almost exactly what I wanted, I am delighted with the general condition, the way it drives and would not be too keen on letting it go if I have no need to do so.   So, the first thing, it was just under 700 miles over the quoted mileage, and I know that's not a lot. Still, that's not the point, the number is excessive, considering the place it came from is only about 200 miles from me. I have spoken to them about the mileage. They said it was a clerical error, which I do not believe, they have however agreed to refund me for 400 miles, which I decided to accept as I figured at least they have agreed to pay for just over half of the miles and did not want to be too unreasonable about it.   The second thing, and this is the one that is really the stumbling block. The cars headline said: 'FORD FIESTA HATCHBACK 1.0 EcoBoost 125 Titanium X Navigation 3dr'. Though the full advert is no longer visible, part of it still is, https://www.buyacar.co.uk/ford/fiesta/fiesta-hatchback/1-0-ecoboost-125-titanium-x-navigation-3dr-73955 and this is the car I bought.   So after checking it over upon delivery, and going around it with the delivery chap, all looked fine, and I decided a little drive was in order.   So off I went to put some fuel in, and while at the fuel station figured I would check out the sat-nav and this is where the problem is, there is no sat-nav. I checked the book, there is no slot for the navigation sd card, no button to turn on the nav, aka, no nav, none.   So I emailed them, and the response I got was: 'Thank you for your email, and I am sorry to hear you are not fully happy with your new purchase. This vehicle was not advertised with Sat Nav, so I am unsure where you feel you read the description you have provided?' ... ... 'In regards to the description of the vehicle, I have checked this on the order form, and the finance documents that were both sent to you and signed and the description of the vehicles reads as FORD FIESTA 1.0 TITANIUM X 3d 124 BHP hatchback.'   So I have pointed out the fact that there was not only a headline stating that the car was Navigation version but further, down the page, there was also a mention of it.   I also said to them, despite me signing said documents, I felt no need to recheck it because the wording navigation appeared several times in the advert which was enough for me to accept it was a version with navigation.   I also said, the order form nor the finance documents also make no mention of other stuff either like climate control, automatic folding mirrors, infact they do no mention any features, only that it is a FORD FIESTA 1.0 TITANIUM X 3d 124 BHP hatchback, so I have refused to accept this as an excuse and an attempt to lay the blame for this mistake at my feet. I honestly thought I was purchasing a car with sat-nav, based on the information provided by them.   I am awaiting a call from them but they have so far today failed to get in touch so figure I would use this waiting time to ask some of the more experienced members about their thoughts on where I stand with this.   Am I in a position for example to ask that they fit sat-nav? If they ask for the car back and put me in a position with no car again how does this work out? Am I flogging a dead horse?   Any advice please would be very much appreciate.   Thanks all.
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JRDowell

JRDowell v Virgin One

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I am currently in the process of taking Virgin One to court. Virgin's solicitors have asked me to provide further information with which I need help.

 

Firstly they ask "Is it the case the claimant (Me) should not have been charged?" or is it " the claimant should not have been chared this amount?"

I'm not too sure which one I should refer to!

 

Secondly, I have quoted the charges are "unlawful at common law, statute and recent consumer regulations".

Virgins solicitors have requested I identify a) the particular statute and/or regulations I refer to; b) the sections and/or regulations of each statute /regulation I refer to; and c) the principles of common law I relied upon in alleging the charges are unlawful

 

Can anybody help me please?


JRDowell

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Hi,

 

have they asked for this under a CPR part 18 request- or are tehy saying your POC are too vague?


Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi and thanks for the reply however I do not know what either CPR part 18 or

POC are.

 

Given this, I have just re-read their letter and it could be they think my POC are too vauge.

 

Can you please advise.

 

Thanks.

 

Russell


JRDowell

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Hello once again

 

Can any body advise me? I have filed a claim against Virgin One and a date has been set for court. Since I filed my claim and stated the amount of bank charges I wish to reclaim, I have had additional charges applied to my account. Can I claim for these at my first court hearing or do I have to make a second claim?

 

Thanks for any help.


JRDowell

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You can amend the claim with form N244 + £35 fee (unreclaimable) or make a 2nd claim when this one is settled.

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OK thanks for that.


JRDowell

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It is difficult to answer without seeing what you have said to them in your communications.

The basis of the claim for unlawful charges are within the template claims particulars which you will find,along with other useful information in the bank temps library section.

As regards the Court procedure rule part 18 request there is,additionally information on this too.

You will need to have clear understandings of both these points and whether they apply or not in your case.

The best way of doing this is to read up !!

 

2 threads merged please try and keep them together.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ho moved your posts from welcome to here.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Martin

Thanks for your reply however not too sure if it is me!!! I cant find any reference to my origional question regarding where to find specific information on a) the particular statute and/or regulations I refer to; b) the sections and/or regulations of each statute /regulation I refer to; and c) the principles of common law I relied upon in alleging the charges are unlawful, in the library.

 

Perhaps you can be a littel more specific in order I may be able to locate the info.

 

Regards

 

Russell Dowell


JRDowell

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Hi Michael

 

Thanks for the reply to my previous question. I would like your help with my first thread on this site.

 

I am currently in the process of taking Virgin One to court. Virgin's solicitors have asked me to provide further information with which I need help.

 

Firstly they ask "Is it the case the claimant (Me) should not have been charged?" or is it " the claimant should not have been charged this amount?"

I'm not too sure which one I should refer to!

 

Secondly, I have quoted the charges are "unlawful at common law, statute and recent consumer regulations".

Virgins solicitors have requested I identify a) the particular statute and/or regulations I refer to; b) the sections and/or regulations of each statute /regulation I refer to; and c) the principles of common law I relied upon in alleging the charges are unlawful.

 

I have been steered towards the library however I seem to be having trouble finding such information.

 

Could you please help.

 

Regards

 

Russell Dowell


JRDowell

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Few questions first.

1. How much is your claim for.

2. Since you have a court date, which track has it been allocated to. Small claims?

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Hi michael and thanks for the reply,

 

My claim is for £1500 including interest however since I filed the claim this figure has risen. I believe I have to make a second claim for this increased amount.

The date I have for court is 6th March, and as far as I know it is the small claims court although the letter that arrived today does not make any mention of this.

Whilst speaking of the letter that arrived today, I am a little unsure of the content, it reads;

 

Before Deputy District Judge Fox sitting at Conwy and Colwyn County Court.........blah blah

 

Upon the claimant not appearing and the defendant not appearing

 

EX PARTE/WITHOUT A HEARING

 

IT IS ORDERED THAT this matter be listed for a case management conference on the 6th March 2007 at 9.45am. with a time estimate of 15 minutes.

 

Does this mean I do not have to turn up at this stage?

 

Thanks again for your help.


JRDowell

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Oh well, never got the help I required from my previous messages! however have now spoken to very helpful firm of solicitors and the advice gratefully received.

My current position is that I have had the cobbetts letter requesting further info and received the AQ which was returned and now had a date set for court. A case management meeting on 6th March.

 

I have replied to cobbetts with the "I am a litigant in person" letter, although there were two useful templates on this site and I merged some of the info from both.

 

Lets now wait and see what Cobbetts have to say.

 

OH! one more thing, has any body noticed Cobbetts address?

perhaps it should read Sh*t Canal street or perhaps Ship Carnal street.


JRDowell

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Have just come back from holiday to find a new letter from Cobbetts offering a goodwill payment of half my claim.****

I have seen one example of a rejection letter on this web site. Is there perhaps a forum with some examples of rejection letters?

 

This would be helpful.


JRDowell

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Oh well, didn't get reply so composed my own rejection letter and sent it off!

 

Watch this space.


JRDowell

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