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  • FIRST POST
    • mc303
    • By mc303 15th Mar 17, 4:26 PM
    • 75Posts
    • 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 7
    • mc303
    • By mc303 17th Jul 17, 10:21 AM
    • 75 Posts
    • 5 Thanks
    mc303
    Hi, ok I sent the letters to both the trader and MBNA, the 14 days has past, should I know complete the n1 and name both parties as the defendants?
    also if I am asked why I named both, I am not sure of the correct reply to give, can you advise me please?
    thank you
    • wealdroam
    • By wealdroam 17th Jul 17, 10:53 AM
    • 18,650 Posts
    • 15,552 Thanks
    wealdroam
    Hi, ok I sent the letters to both the trader and MBNA, the 14 days has past, should I know complete the n1 and name both parties as the defendants?
    also if I am asked why I named both, I am not sure of the correct reply to give, can you advise me please?
    thank you
    Originally posted by mc303
    "I have named two defendants because under Section 75 of The Consumer Credit Act they are both jointly and severally liable".

    Are you using the Money Claim Online service?
    • mc303
    • By mc303 17th Jul 17, 10:56 AM
    • 75 Posts
    • 5 Thanks
    mc303
    I have spoken with money claim and they said I should post Ex160 and N1 as I am applying for help with the fees, should I now proceed?
    thank you WR
    • wealdroam
    • By wealdroam 17th Jul 17, 11:12 AM
    • 18,650 Posts
    • 15,552 Thanks
    wealdroam
    I have spoken with money claim and they said I should post Ex160 and N1 as I am applying for help with the fees, should I now proceed?
    thank you WR
    Originally posted by mc303
    You told them in your Letter Before Action what would happen if they didn't pay within fourteen days, didn't you?

    Then why are are you now asking what to do next?
    • mc303
    • By mc303 17th Jul 17, 11:16 AM
    • 75 Posts
    • 5 Thanks
    mc303
    Because i'm nervous and don't want to mess up

    I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.
    If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.
    I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.
    I look forward to your acknowledgement.
    Yours sincerely
    • wealdroam
    • By wealdroam 17th Jul 17, 11:20 AM
    • 18,650 Posts
    • 15,552 Thanks
    wealdroam
    If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice.
    Originally posted by mc303
    I'm not sure what more needs to be said.
    • mc303
    • By mc303 17th Jul 17, 11:21 AM
    • 75 Posts
    • 5 Thanks
    mc303
    ok thank you WR
    • m0bov
    • By m0bov 17th Jul 17, 1:30 PM
    • 1,128 Posts
    • 754 Thanks
    m0bov
    You need to file a claim now, if you wait they will think you are not serious.
    • mc303
    • By mc303 19th Jul 17, 12:11 PM
    • 75 Posts
    • 5 Thanks
    mc303
    hi, am I right in thinking I have to file 2 N1 forms? the reason being it says on the help guide

    Defendant’s name and address Enter in this box the title, full names, address and postcode of the defendant receiving the claim form (one claim form for each defendant)

    or can I put both parties on 1 form?
    please advise
    thank you so much
    • DoaM
    • By DoaM 19th Jul 17, 12:25 PM
    • 3,489 Posts
    • 3,551 Thanks
    DoaM
    Having never filed a claim I cannot say unequivocally, but ... the notes seem clear?
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • mc303
    • By mc303 19th Jul 17, 12:26 PM
    • 75 Posts
    • 5 Thanks
    mc303
    thanks Doam, so 2 separate N1 claim forms then?
    • DoaM
    • By DoaM 19th Jul 17, 12:29 PM
    • 3,489 Posts
    • 3,551 Thanks
    DoaM
    I refer the honourable poster to my previous reply.

    If you already have a claim reference then that same reference would go on both forms.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • mc303
    • By mc303 19th Jul 17, 12:31 PM
    • 75 Posts
    • 5 Thanks
    mc303
    lol no claim ref as yet as I am doing it via snail mail
    • mc303
    • By mc303 19th Jul 17, 1:52 PM
    • 75 Posts
    • 5 Thanks
    mc303
    Hi, just about to post court proceeding when a letter from MBNA came through the door, they said there was no further information submitted to the claim and that the FOS agreed the repair was done, I sent a report to FOS clearly stating the repair had failed? Mbna have asked if I have further evidence to support the claim, well yes I have the report, I am speaking to them at this moment and will upload the document via their online submission, question is should I still post the letter to courts or how long should I give MBNA to respond (probably decline) my latest submission ?
    thank you
    • mc303
    • By mc303 25th Aug 17, 9:44 PM
    • 75 Posts
    • 5 Thanks
    mc303
    Can anyone help me with my response on this one please , because I don't quite understand it

    Dear Sir
    !
    We have been instructed to act on behalf of MBNA Limited in respect of the above claim.
    !
    Please find attached a signed copy of this firm’s letter to Court enclosing its Acknowledgment of Service, dated 25 August 2017. You will note that our client intends to defend the claim.
    !
    Our client has received a claim form which has been issued at Court dated 13 August 2017, relating to a claim brought by you under section 75 of the Consumer Credit Act 1974. Please can you confirm, as a matter of urgency, confirmation as to whether you intend to file and serve separate Particulars of Claim. If so, we can confirm that we are instructed to accept service of the Particulars of Claim. The reason we ask is that it is not clear from the claim form whether you intend to serve separate Particulars of Claim or if you intend that the details set out on the first page of the claim form to stand as your Particulars of Claim.
    !
    We look forward to hearing from you.
    !
    Yours faithfully
    Last edited by mc303; 26-08-2017 at 8:44 AM.
    • mc303
    • By mc303 21st Oct 17, 10:58 AM
    • 75 Posts
    • 5 Thanks
    mc303
    Hi, just a quick update, I have continued with the court claim, on Tuesday I received a letter from their solicitors asking me to return the car for repair, on Wednesday I emailed the solicitors acting on their behalf denying them the right for a fifth repair, last night at 9pm outside my house, 2 people pulled up and set the vehicle on fire. what can I say?
    Thank you
    • pinkshoes
    • By pinkshoes 21st Oct 17, 12:50 PM
    • 15,324 Posts
    • 20,874 Thanks
    pinkshoes
    Hi, just a quick update, I have continued with the court claim, on Tuesday I received a letter from their solicitors asking me to return the car for repair, on Wednesday I emailed the solicitors acting on their behalf denying them the right for a fifth repair, last night at 9pm outside my house, 2 people pulled up and set the vehicle on fire. what can I say?
    Thank you
    Originally posted by mc303


    Wft????? Are you thinking it is someone from the garage who set fire to the car?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • m0bov
    • By m0bov 23rd Oct 17, 7:40 AM
    • 1,128 Posts
    • 754 Thanks
    m0bov
    Half term...
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