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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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Incorrect charge amount on claim - help! *WON*

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Hi all,

 

Upon checking back on my statements, i found that Natwest had duplicated some months in the statements they sent through, to which i included in my claim amount. My claim went through, Natwest have entered a defence and i have received the paperwork form cobbetts. I thought i would send thorugh my schedule as per their request, but wanted to double check - and have subsequently realised my mistake. What can i now do? can i write to the courts and amend my claim - or will this now be thrown out? the money i originally claimed for didnt include interest, but since i recalculated, the actual charges equate to around £200 less than what i have claimed, interest would be more than this - so could i get away with it??

 

If there is anyone that could help me or point me in the right direction, it would be much appreciated.

 

Many thanks.

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Have NatWest raised the issue yet?

Did you include S.69 County Courts Interest at 8%?

 

Personally, I would leave it till they raise it, bear in mind it wont be going to court and therefore they will at some point offer settlement, no doubt with these charges removed. (which you should accept!)

 

If you are talking about Overdraft interest, then you should have claimed it from the outset, it is no argument for altering the claim.

 

You can alter the claim by filling in an N244 form and paying a fee of £35....but personally I'd leave it. I made the same error on my business claim, when they settled they merely deducted the charge I had included in error. Its your call:)

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Kate,

 

Thanks for your quick reply!

 

I didnt calculate any interest that my charges accumalated, and therefore only claimed for the exact amount that they charged me for (well at least i originally thought!).

 

Natwest havent acknowledged any mistake, all i received was the standard papers form cobbetts requesting further info and stating their defence.

 

Maybe i should just leave it and if the bank realises they can deduct it from my claim?

 

Thanks for your help.

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Hi FM

 

I saw you just pop into chat then leave, if you want to come back you'll get loads of help.

I'm wondering how come you are at this late stage without claiming County Courts Interest at 8%. Depending on the size of your claim this could be alot of money. Remember this is the interest that the court allows you to add to your claim.

In fact i'm wondering a few things now........did you do spreadsheets/schedule of charges? What did your N1 form Particulars Of Claim say?

If you have left this interest off, it may well be worth amending your claim amount to include interest.

 

Tell me more.........:D

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Hi Kate,

 

Looking back now, i didnt do enough research. I only discovered this website yesterday and there is a wealth of information i didnt know!

 

Basically, i followed the steps form the bbc website, just sent one letter to natwest, received a negative response and within a few days, issued a court claim.

 

I only sent natwest a copy of my statements, highlighting the charges - as i didnt know about creating a spreadsheet. I havent sent anything to the court or to cobbetts.

 

I also didnt know about the interest and subsequently just claimed for my charges.

 

on the particulars i put:

 

1. Between 04/04/03 and 02/06/06 the

Defendant debited numerous charges from the

Claimant?s bank account.

2. The charges are an unfair penalty under

the Unfair Terms in Consumer Contracts

Regulations 1999, because they are a

disproportionately high sum in compensation

compared to the cost of the purported

breach.

3. Under the law of penalties, the charges

are an unlawful ?extravagant? penalty.

4. The Claimant asks the court to enter

judgment in their favour for £1117.11.

 

as per what i got from another website.

 

im all confused now, and not sure what to do - so any advice would be very much appreciated!

 

Thanks

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Just an update to anyone who read this or are going through their reclaim; I received a goodwill offer on the 30/01/08 for the full amount that I claimed of £1117.11. As previously mentioned, I calculated this amount incorrectly and the bank didn't check this - not that I am complaining!

 

Even though my claim is stayed in the courts pending the test case, I received the goodwill offer through the post which I duly accpeted by Recorded Delivery :-)

 

I must say, I am completely suprised but of course over the moon with this result.

 

Just thought I would add this to my thread in conclusion of my claim.

 

Goodluck to all.

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congratulations


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Congratulations.

 

I've changed the thread title to add Won


i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Congrats mate.

 

After reading this it makes me feel like I should continue my claim regardless of the test case thats currently ongoing.

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Thanks for all the congrats!

 

AKI: I couldn't personally comment on proceeding during the test case; however I do believe that payouts from the banks are inevitable, but we shall see...good luck with your claim.

 

I would also like to say thanks to all at CAG as if it weren't for all the other posts, success stories and help (Kate!), I would never have started my claim.

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