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    • I've just seen your new post. A letter before action is the same as a letter of claim. You don't need a template. You simply need to inform the garage that the vehicle you bought has developed X defect, Y defect, Z defect. He has already been informed of them and given an opportunity to repair and he has either refused the chance to repair or else he has attempted the repair and it has failed – whichever is the case and so under the consumer rights act you are asserting your right to reject the vehicle and you want him to make the appropriate arrangements to collect the vehicle and to refund you the purchase price – plus any associated losses – and if he does not do so within 14 days then you will sue him in the County Court and without any further notice. Don't make this threat if you're not serious about going ahead with it. On day 15 issue the papers. In the intervening 14 days register with money claim and start preparing your particulars of claim. You can post them here if you want us to check them. Whatever you do, on day 15 you send them the good news
    • Well done Shelley. I'll amend your thread title.   HB
    • I'm afraid that your story is rather overlong. It would have been easier to understand it all if there had been less of a narrative and more of a bullet pointed chronology of facts. Although you informed the dealer within 30 days that there was a problem, the Consumer Rights Act requires that there be a clear and unambiguous assertion of your short-term right to reject the vehicle. It doesn't appear to me that you have done this. This isn't a problem at all because you are still well within six months. I understand that you have given them an opportunity to repair and that you have now rejected the vehicle. This is enough to trigger your rights under the Consumer Rights Act as long as the defects which you are complaining about are sufficient to render the vehicle as less than satisfactory quality. As I say, I haven't read through the detail of your story and I certainly haven't looked at all of the PDFs that you have apparently uploaded but I get the impression that you have been quite meticulous in keeping records. I've looked at the Google reviews of Elite and I have to say it doesn't bode very well. https://www.google.com/search?q=Elite+Preowned+Vehicles&rlz=1C1CHBF_en-GBGB822GB822&oq=Elite+Preowned+Vehicles&aqs=chrome..69i57j0l2j69i60j69i61l2.575j0j7&sourceid=chrome&ie=UTF-8#lrd=0x47d8aa4f43f644d7:0x8e93221101489523,1,,,  There is no trust pilot page for them as yet. Maybe you would like to attend to that. You say that the dealer is fond of using social media so that kind of thing is important. Site team member@dx100uk has already suggested that you issue a letter of claim and that certainly seems the way to go although if you are driven to actually mount a claim and presented in court that I hope you won't mind me suggesting that you need to stop being a little bit more economical about the way you present your case. Just in case there is any debate over the defects which have been discovered and their significance then if you haven't done this already, you should make sure that you have got assessments and even quotations for the work from independent garages.
    • Hello dx100uk. Thanks for your attention and help with this. You had an even later night than me! I clicked on the 'letter before action' link which you kindly gave me. This took me to BankFodder's post 'Small Claims actions in the County Court FAQ - work in progress' which I have read through and also the 'Pre-Action Protocol' and 'Letter of Claim' links. I couldn't find reference to a Letter Before Action or is this the same as a Letter Of Claim? Also, my rejection letter already mentioned a 14 day period (taking us to 05/08/2019) for him to get back to me. Is it ok to send a Letter Before Action now? I only ask as I wouldn't want this to be viewed dimly by the court if it goes that far. I do understand that I need to take action as soon as possible so these are just a few clarification questions. I shall google for some Letter Before Action Templates and put something together. Thanks again.
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Cosmo Kramer

£5103 claim . FOS???

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Finally got all my statements form HBOS and I'm going to be claiming £5103.

 

I understand I have two options.

 

1. File multiple small claims. This will take a long time and I risk having multiple claims rejected.

 

2. FOS. I understand I need to have a final letter from the bank saying no to do this. I do have a letter from them saying they wouldn't refund me £730 (I was going to start claiming this small amount for 2006's charges while I was waiting for the rest of my statements.) It's for the same account.

 

Would this be sufficient?

 

Is it true you cant use the FOS if you start a claim through the courts?

What kind of timescale am I looking at going down the FOS route.?

 

How long does it usually take to go through the small claims court??

 

cheers.:)

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I am definatly going down the FOS route. I phoned then today and was told that the 'NO' letter I got in response to the LBA I sent HBOS for £730 of 2006's charges is satisfactory for me to start proceedings with them for the full amount of £5103.

 

Anyone had success with FOS?

 

How long did it take you?? I'm expecting around a 12 week wait.

 

thanks.

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Hi cosmo

 

I have a claim in with the FOS for £6000, I have found them very helpful and informative, in my experience they keep you up to date with what is happening with your case and give you a ref number, so as you can contact them with any

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Hi ...... sorry! lol...

 

accidentally pressed send but in mid sentence....

 

 

to continue.. queries or problem you have. I would say that 12 weeks is a realistic time period. I feel confident that they will do the business.

 

 

Linda

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Anyone done a FOS complaint form and could tell me the best wording for it.

 

Some kind of template or something??

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Hi

 

New computer, sorry again!

 

There isn't any actual template on this site as yet. The form is pretty straightforward. Use the wording that you used in your prelim letter to the bank. Be careful when asking for the interest, I requested the interest in the box regarding any other information. I am not sure this is 100% correct but they have had my form for 4 weeks now and there hasn't been any issues come up regarding this. They have told me my claim has gone to an investigations team.

 

If you are worried or have any problems just ask, and I will do my best to help and I'm sure others will too.

 

Linda

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I am definatly going down the FOS route. I phoned then today and was told that the 'NO' letter I got in response to the LBA I sent HBOS for £730 of 2006's charges is satisfactory for me to start proceedings with them for the full amount of £5103.

 

Anyone had success with FOS?

 

How long did it take you?? I'm expecting around a 12 week wait.

 

thanks.

 

Hi there, I have also decided to claim through the FOS. To my understanding you had to receive a 'final response' letter, or wait 56 days before starting the claim with the FOS, but if I gather what you have said above, correctly, a simple "No we will not refund" is a green light to file the complaint?

Forgive me if I have picked you up wrongly.

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I phoned them yesterday and explained the situation to them and was told that what I have is enough to start proceedings with them.

 

The woman I spoke to was however (no offence intended to anyone here) ethnic sounding and maybe didn't understand me.

 

I'm going to phone them back right now just to be sure.:)

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Phoned the FOS again just to make sure that what I have is enough to start proceedings with them and was told that it is.

 

I read out parts of the letter to him and he said it was fine, they have said no to you.

 

Happy days.

 

Also asked him the timescale at the moment. He said around 3 months.

 

Then I asked him what kind of success rate they have . He just said that it's a good time to claim.

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Posted all my stuff away to the FOS yesterday. Just a matter af waiting now.:)

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Go for it Cosmo, I got a letter from the FOS yesterday and the bank are willing to settle, so keep going.:D


BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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How long did it take?

 

I sent the claim form back to them on 23/24th April, so about 5 weeks.


BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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How long til you get the cash now??

 

That seems pretty quick.

 

Hope mines is too.:)

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I've got to send the acceptance form back to the FOS by 13th June, so anytime after they get the form back I suppose.


BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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EXCELLENT!

 

You just did the 5/6year period, then?


Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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EXCELLENT!

 

You just did the 5/6year period, then?

 

Not sure if you mean that question to me or wsm36??

 

I'm claiming 6 years.

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We just received an offer from the RBOS and we claimed back 6 years + interest but they aren't offering us the interest back.

This offer was received today and we also received the FOS acknowledgement at the same time!

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I received an offer from Natwest yesterday for the bank charges not the interest. Sent my complaint to FO 2 weeks ago. Before that had no response from Natwest, so it seems the FO process jogged NW along! I am now going to contact FO to find out what to do next. The interest is about £2000 so unsure whether to just accept the offer..any suggestions? The FO process has been brilliant so far. Will keep you posted

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I've had 3 letters from the FOS since I sent my stuff away to them 2 weeks ago, first one to tell me my complaint had been recieved, second one to tell me that they will deal with it as soon as possible, and the third one yesterday just outlined my complaint against the bank and told me exactly what the FOS were going to ask the bank for so they could fully investigate. It also told me that they would write back to me within a month to update me.

 

So just a waiting game now.

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I received an offer from NatWest yesterday for the bank charges not the interest. Sent my complaint to FO 2 weeks ago. Before that had no response from Natwest, so it seems the FO process jogged NW along! I am now going to contact FO to find out what to do next. The interest is about £2000 so unsure whether to just accept the offer..any suggestions? The FO process has been brilliant so far. Will keep you posted

 

We also have had an offer from the bank without interest added just before the FOS sent their letter outlining their brief.

 

We are unsure whether to accept or possibly lose out on £745 in interest.

The opinion is that the FOS can get this interest.

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Both ?s answered!


Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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I just got a letter in from the FOS. The bank has offered me £3200 to settle. I was claiming for £4600. Considering taking it.

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