Desperate for help guys

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  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    So it's now a simple financial debt - if they don't pay, then small claim for the amount.
  • Le_Kirk
    Le_Kirk Posts: 22,376 Forumite
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    AdrianC wrote: »
    So it's now a simple financial debt - if they don't pay, then small claim for the amount.
    Agree with this. Did you receive the seller's agreement to refund in writing - even an e-mail?
  • atlantis187
    atlantis187 Posts: 1,446 Forumite
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    its been 14 days now guys and still no refund. Rang them today and they say something was up with their banking and its going to be a few more days yet.


    Shall I give them another 14 days with threat of county court action if no refund issues as some people have suggested that I have spoken to (citizens advice) or shall I get the ball rolling just take it straight to court now?


    p.s I have all the email correspondents where they have stated when the money will be paid back to me by.
  • rich13348
    rich13348 Posts: 840 Forumite
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    atlantis187 wrote: »
    its been 14 days now guys and still no refund. Rang them today and they say something was up with their banking and its going to be a few more days yet.


    Shall I give them another 14 days with threat of county court action if no refund issues as some people have suggested that I have spoken to (citizens advice) or shall I get the ball rolling just take it straight to court now?


    p.s I have all the email correspondents where they have stated when the money will be paid back to me by.

    You need to send an LBA letter before action explaining what you want and when you want it done by otherwise you go to court. There are plenty of example LBAs here and on the internet at large. Then you can look at court action.
  • Ectophile
    Ectophile Posts: 7,369 Forumite
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    At worst, a bank transfer takes one day. These days, most go through in a matter of minutes. They are just stringing you along. perhaps they will pay you when they sell the car to some other mug. Or perhaps they won't.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • atlantis187
    atlantis187 Posts: 1,446 Forumite
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    This is who I bought the car from:


    http://www.dfccars.com/
    from their Watton branch


    Apparently the manager of the business is a Mr Da Silva but he is never around to talk to on the phone and never returns any calls.


    Now do I take court action against Dfccarsltd. or Mr Da Silva?


    If bailiffs eventually go out to get my money back how do they determine weather the possessions are in the company's name of in Mr Da Silva's name?
  • atlantis187
    atlantis187 Posts: 1,446 Forumite
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    Can the LBA letter be done by email because this is what I sent him yesterday via email:




    Dear Mr Da Silva (DFCcarsltd.)


    I have still not received the refund which was promised within the time frame you suggested 14 days by the (22nd May 2017).
    Today is the 14th day and still no money has been forthcoming.


    As the manager of the company you are not willing to take my phone calls and not willing to engage in reasonably discussion with me in order to resolve the situation.
    Having sought legal advice I have decided to give you a further 14 days in which to issue me with a full refund of all the monies owed (£1850).


    If the full refund has not been issued by the latest (5th June 2017) by which time you will have had a total of 28 days to issue the refund I will be left with no option but to pursue my losses through the County Court without further notice.


    Thank You
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    atlantis187 wrote: »
    Now do I take court action against the limited company or the individual?

    If bailiffs eventually go out to get my money back how do they determine weather the possessions are in the company's name of in the individual's name?
    <cough> Name and shame rule...

    Your contract is with the limited company. You need to be on the limited company.

    If there's any doubt about whether assets belong to the limited company or the individual, then HMRC are a far bigger problem for them than you are.
  • atlantis187
    atlantis187 Posts: 1,446 Forumite
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    rich13348 wrote: »
    You need to send an LBA letter before action explaining what you want and when you want it done by otherwise you go to court. There are plenty of example LBAs here and on the internet at large. Then you can look at court action.

    Can the LBA done via email?
  • macman
    macman Posts: 53,098 Forumite
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    Yes it can, but a formal letter will be far more effective, and you can get a proof of posting. Isn't the price of a stamp a reasonable investment to recover £1850?
    Could you not find a Corsa in the whole of Yorkshire-they're not exactly a rarity?
    No free lunch, and no free laptop ;)
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