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  • FIRST POST
    • mc303
    • By mc303 15th Mar 17, 4:26 PM
    • 74Posts
    • 5Thanks
    mc303
    Yes it's The Car
    • #1
    • 15th Mar 17, 4:26 PM
    Yes it's The Car 15th Mar 17 at 4:26 PM
    hi, i have read up as much as i can... i will try to keep this short
    test drove second hand car, noticed fault, dealer said fault will be repaired before hand over, hand over day while driving home noticed fault still present, told dealer, returned car 3 times for repair, fault still present, asked dealer for refund, dealer said no, went to CC Company under section 75 breach of contract
    the consumer rights act 2015
    Under section 24
    sub section
    (5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

    (a)after one repair or one replacement, the goods do not conform to the contract

    CC refused section 75
    took case to TFO, TFO said no, reason being that dealer is offering repair, so here is my question, i was turned down because the dealer offered repair, i returned the car to them 3 times, i gave them 3 chances to repair, they denied the fault i complained about existed, i had 4 independent reports all clearly stating the fault is present, why oh why have i been rejected for this claim?? am i missing something?
    any advise truly appreciated.
    Thank you
Page 6
    • mc303
    • By mc303 13th Jun 17, 4:48 PM
    • 74 Posts
    • 5 Thanks
    mc303
    of one doesn't pay then the other is 100% in the frame.
    Originally posted by waamo
    Thank you waamo, not quite sure what you mean and how to go around doing this?
    • waamo
    • By waamo 13th Jun 17, 4:58 PM
    • 2,019 Posts
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    waamo
    If you get a judgement in your favour you would first try to get payment from the garage. They are the ones your dispute is primarily with. If they don't pay (which is highly likely) you can go straight to MBNA for the money.

    It's a lot easier to get the money from MBNA. Naming MBNA solely runs the risk that they will deny liability saying you should be chasing the garage first. Naming them both puts them both squarely on the hook.
    This space for hire.
    • mc303
    • By mc303 13th Jun 17, 5:04 PM
    • 74 Posts
    • 5 Thanks
    mc303
    If you get a judgement in your favour you would first try to get payment from the garage. They are the ones your dispute is primarily with. If they don't pay (which is highly likely) you can go straight to MBNA for the money.

    It's a lot easier to get the money from MBNA. Naming MBNA solely runs the risk that they will deny liability saying you should be chasing the garage first. Naming them both puts them both squarely on the hook.
    Originally posted by waamo
    Thank you, ok thats an excellent idea, is there any type of template you know of for doing this type of procedure showing the wording i should you please?
    • waamo
    • By waamo 13th Jun 17, 5:09 PM
    • 2,019 Posts
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    waamo
    I don't. In saying that the paperwork to start a claim is very simple and straightforward. All you need to do is name the defendants and give a very brief reason why they owe the money.

    To begin a claim a few bullet points is all that's needed. You will get an opportunity to expand later on.
    This space for hire.
    • mc303
    • By mc303 13th Jun 17, 5:12 PM
    • 74 Posts
    • 5 Thanks
    mc303
    Thank you waamo
    • wealdroam
    • By wealdroam 13th Jun 17, 5:13 PM
    • 18,648 Posts
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    wealdroam
    Without going back through the whole thread...

    mc303, has anyone brought MSE's Small Claims Court guide to your attention?
    Last edited by wealdroam; 13-06-2017 at 5:20 PM.
    • mc303
    • By mc303 13th Jun 17, 5:17 PM
    • 74 Posts
    • 5 Thanks
    mc303
    Without going back through the whole thread...

    mc303, has anyone bought MSE's Small Claims Court guide to your attention?
    Originally posted by wealdroam
    yes i believe so i shall have to run through it again after the ombudsman has a final result
    thank you
    • mc303
    • By mc303 28th Jun 17, 2:38 PM
    • 74 Posts
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    mc303
    Hi, with no great surprise the ombudsman did not uphold my claim, they stated that MBNA treated me fairly, I have to reply to them if I accept or decline their decision, Can you kindly advise me what I should do next please?
    Thank you
    • waamo
    • By waamo 28th Jun 17, 4:49 PM
    • 2,019 Posts
    • 2,441 Thanks
    waamo
    Do you have any further lines of appeal with the Ombudsman? If you do you should continue along that path for now.

    Court should always be a last resort and should be avoided if at all possible.
    This space for hire.
    • mc303
    • By mc303 29th Jun 17, 12:19 PM
    • 74 Posts
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    mc303
    No the decision was final so is court the next step?
    thank you
    • waamo
    • By waamo 29th Jun 17, 1:00 PM
    • 2,019 Posts
    • 2,441 Thanks
    waamo
    If you have exhausted the Ombudsman route and you still wish to continue then you need to send a letter before claim to all the parties involved setting out what your complaint is and what resolution you expect.

    Again court should be a last resort and the parties should attempt to find some form of resolution.

    Should the garage and MBNA not play ball then you can instigate court proceedings.
    This space for hire.
    • mc303
    • By mc303 29th Jun 17, 1:07 PM
    • 74 Posts
    • 5 Thanks
    mc303
    If you have exhausted the Ombudsman route and you still wish to continue then you need to send a letter before claim to all the parties involved setting out what your complaint is and what resolution you expect.

    Again court should be a last resort and the parties should attempt to find some form of resolution.

    Should the garage and MBNA not play ball then you can instigate court proceedings.
    Originally posted by waamo
    I have to inform them by law before issuing court proceedings? both parties have already declined any claim against them and refused any form of refund, I was under the understanding that I now need to fill out the N1 form? thank you waamo, please advise.
    • wealdroam
    • By wealdroam 29th Jun 17, 1:27 PM
    • 18,648 Posts
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    wealdroam
    I have to inform them by law before issuing court proceedings? both parties have already declined any claim against them and refused any form of refund, I was under the understanding that I now need to fill out the N1 form? thank you waamo, please advise.
    Originally posted by mc303
    Yes, you should send a letter before action.

    Google it for many samples.
    • waamo
    • By waamo 29th Jun 17, 1:27 PM
    • 2,019 Posts
    • 2,441 Thanks
    waamo
    Have you explicitly warned them that if things aren't resolved to your satisfaction then you will instigate court action?

    If the answer is yes then you can file a claim. If not you need to formally warn them. They should be under no doubt that it's something you may do.
    This space for hire.
    • mc303
    • By mc303 29th Jun 17, 1:37 PM
    • 74 Posts
    • 5 Thanks
    mc303
    so a LBA is for a debt that is owed to me, correct? I am a little confused on this issue, am I to state in my LBA that SCOS and MBNA owe me money because they declined my refund?
    • waamo
    • By waamo 29th Jun 17, 1:40 PM
    • 2,019 Posts
    • 2,441 Thanks
    waamo
    Yes an LBA is for debts owed to you. You set out why you are owed the money and that if a solution isn't come to within a reasonable timescale you will initiate court proceeding.

    14 days is usually reasonable.
    This space for hire.
    • wealdroam
    • By wealdroam 29th Jun 17, 1:41 PM
    • 18,648 Posts
    • 15,549 Thanks
    wealdroam
    so a LBA is for a debt that is owed to me, correct? I am a little confused on this issue, am I to state in my LBA that SCOS and MBNA owe me money because they declined my refund?
    Originally posted by mc303
    Did you google letter before action?

    If so you would've found this CAB page.

    Your LBA needs to state:
    1) what's wrong,
    2) what they need to do to put it right,
    3) what happens if they don't do that in nn days.
    • mc303
    • By mc303 29th Jun 17, 1:47 PM
    • 74 Posts
    • 5 Thanks
    mc303
    Did you google letter before action?

    If so you would've found this CAB page.

    Your LBA needs to state:
    1) what's wrong,
    2) what they need to do to put it right,
    3) what happens if they don't do that in nn days.
    Originally posted by wealdroam
    Yes I am reading it now.
    1. breach of contract
    2. full refund including expenses incurred
    3. initiate court proceeding's

    Is this correct?
    and should I only accept correspondence in writing from each party?
    Thank you
    Last edited by mc303; 29-06-2017 at 1:49 PM.
    • waamo
    • By waamo 29th Jun 17, 3:49 PM
    • 2,019 Posts
    • 2,441 Thanks
    waamo
    I see no reason why they shouldn't communicate by e-mail if it speeds things up.

    A LBA should be a straightforward thing. It's setting out why they owe the money. How much they owe and what happens if they don't pay by a set date.
    This space for hire.
    • mc303
    • By mc303 3rd Jul 17, 10:02 AM
    • 74 Posts
    • 5 Thanks
    mc303
    i'm losing confidence about court cases, even tho FO said there was a breach of contract
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