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  • FIRST POST
    • mc303
    • By mc303 15th Mar 17, 4:26 PM
    • 56Posts
    • 2Thanks
    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
    • 56 Posts
    • 2 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
    • 1,561 Posts
    • 1,767 Thanks
    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
    • 56 Posts
    • 2 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
    • 1,561 Posts
    • 1,767 Thanks
    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
    • 56 Posts
    • 2 Thanks
    mc303
    Thank you waamo
    • wealdroam
    • By wealdroam 13th Jun 17, 5:13 PM
    • 18,390 Posts
    • 15,267 Thanks
    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
    • 56 Posts
    • 2 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
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