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    • Hi all, the company have just called me and offer me £500 to get myself a sat-nav...   So if admin team want to scratch this topic from the record, please feel free...   If not then thank you anyway 😃
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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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sazdeagle

Sazdeagle v Woolwich

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I filed my claim yesterday on the money claim site against the Woolwich for £353 and used a given template which is fine, but I now realise that i didn't include a list of charges nor did I put down my account number.

Feeling very sick and stupid about this, what a mistake!!!

Can anybody help me or advise me on what I should do now????

Pleeaassseee

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Guest ian cognito

Don't panic, you can't include a list of charges on MCOL, you need to send it in seperately, just reference you claim number on the spreadsheet and covering letter and send 2 copies, one for the court and one for the bank.

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I filed my claim yesterday on the money claim site against the Woolwich for £353 and used a given template which is fine, but I now realise that i didn't include a list of charges nor did I put down my account number.

Feeling very sick and stupid about this, what a mistake!!!

Can anybody help me or advise me on what I should do now????

Pleeaassseee

Ok - you can send a copy of your spreadsheet to mcol at the followng address -

 

The Court Manager

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

quoting your Claim Reference number on the schedule. Perhaps you can also quote your account number on a covering letter asking that they add the information to your file.Also send a copy of the spreadsheet to your bank.

Hope that helps

Regards Sandbag.

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ok, thank you for your posts, not feeling so bad now!! phew!!

What should I put in the covering letter to the mcol/bank?

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Karnevil, what particulars do you need me to give you?

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I used the template given on moneysaving expert site by cut and paste and just entered the amount I was claiming for and the interest. Am trying to paste a copy of this for you now!

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Between the dates of 28/07/04 and 07/10/06 the Defendant applied numerous default charges to the Claimant’s bank account.

2. The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: “A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. The amount charged does not reflect the cost of the breach.

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty. Referring to the case of 1896, Wilson v Love, a charge is a penalty if it does not reflect an item’s true cost.

 

4. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money to the date of this claim. This amounts to a total sum of £28.18 continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment.

 

5. The Claimant therefore asks the court to enter judgment in their favour for the sum of £325 plus interest, amounting to a total of £353.18

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Ha, I notice your silence Karnevil! Have I totally blown any case I had now with the particulars I put???

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You are a star Karnevil, thank you very much.

Will do that today and let you know how I get on.

Sandbag and janquinny, you also, thank you!!!

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Agreed,you will find that the staff are very helpful there.

You are not really making a change,it is a simply ommission,and their advice is usually that if it is only 1 thing as opposed to a few,then it should be ok.

I am moving the thread into Woolwich bank group as you now should be more comfy in the knowledge that you can proceed.


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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Ok, so I sent the letter as I said I would!! However, the bank must think they're onto a winner as I have recieved a notice today that acknowledgement of service has been filed,and they are putting in a defence for the whole amount, in aaaagghh.

All within 9 days!!!

What happens now? Should I wait for the defence particulars to come through?

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Am still waiting for the defence to arrive. In the meantime, has anybody had the bank settle out of court or even lost the battle in court??

Am very nervous still!!!!!!!!!!!

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So far Barclays/Woolwich have not made an appearance in Court. They will invariably settle with you in full,usually 7 days before the hearing date.

 

Dont be nervous, there is absolutely nothing to worry about...you will get all your money back


Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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Thank you for your kind words of wisdom essjaysea, it's been 14 days today since they acknowledged the claim, so another 14 days to go. Probably be the very last day that I recieve the defence eh! If they don't manage the defence in 14 days time can I go on the claim site and order the money back???

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