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  • FIRST POST
    • atlantis187
    • By atlantis187 26th Mar 17, 12:53 AM
    • 959Posts
    • 370Thanks
    atlantis187
    Desperate for help guys
    • #1
    • 26th Mar 17, 12:53 AM
    Desperate for help guys 26th Mar 17 at 12:53 AM
    Sorry for the long post:
    If anyone could please give me some general advise or help I would be externally grateful.


    I bought this car on Friday from Norwich for £1850 paid in cash:


    http://www.ebay.co.uk/itm/112342053072?_trksid=p2060353.m1438.l2649&ssPageNa me=STRK%3AMEBIDX%3AIT


    This is a 130 mile trip one way from my house in Sheffield. When I took it for a short test drive everything seemed fine so did the deal and the guy also gave me 3 months warranty for it with a company called GEM warranty.


    On the way back to Sheffield the temperature light came on several time I stopped and topped the water up and let the engine cool down this happened several time on the journey back when I got back to Sheffield I took it straight to a local garage and the mechanic said the head gasket had gone and this would cost roughly £800/900.


    I rang the company back and they were closed by then. So I rang again this morning and spoke to a really arrogant guy who tried fobbing me off saying the car was fine when I took it and they are not responsible no more. I mentioned trading standards and eventually after arguing with him for about 20mins he said he cant give a refund but to bring the car back for their mechanic to inspect it and I have to drive it back or get it towed back to them at my expense.


    It is a really long journey from my house (130miles) and I don't want to risk driving the car back incase it konks out on the way but also at the same time I ain't got spare £250 to pay for a tow truck.


    Also I fear if I take the car back and their mechanic is not there on the day and they tell me to leave the car then the car could just be sat there for several week with nothing being done or if their dodgy mechanic does check it they will probably claim nothing is wrong with it.


    This is really stressing me out guys we have just had a new baby a couple of weeks ago and money is already extremely tight so what should I do?


    Thanks
Page 3
    • AndyMc.....
    • By AndyMc..... 25th May 17, 10:47 PM
    • 629 Posts
    • 444 Thanks
    AndyMc.....
    Stuff like this needs to be done by post sent by recorded or special delivery so there is proof it has been received.
    Originally posted by Tarambor
    There's no such thing as recorded these days.
    • molerat
    • By molerat 25th May 17, 11:28 PM
    • 16,479 Posts
    • 10,651 Thanks
    molerat
    2 copies sent with free proof of postage from 2 separate post offices is more than sufficient for a court.
    www.helpforheroes.org.uk/donations.html
    • macman
    • By macman 26th May 17, 8:52 AM
    • 40,881 Posts
    • 16,691 Thanks
    macman
    Head it 'Letter Before Action', followed by the make, model and reg of the car.
    No free lunch, and no free laptop
    • atlantis187
    • By atlantis187 14th Jun 17, 2:57 PM
    • 959 Posts
    • 370 Thanks
    atlantis187
    I applied to the small claim court on Saturday filled the form in online.
    Now today I've had an email from the company asking me to ring them.


    If they say they are willing to refund my money then should they also cover the court costs of £105 that i've had to inccure?
    If they only agree to pay back the original amount and not the court cost then should I let it just process through court and get a judgement and recover the whole amount.


    Thanks
    • Quentin
    • By Quentin 14th Jun 17, 6:53 PM
    • 31,546 Posts
    • 15,558 Thanks
    Quentin
    Stuff like this needs to be done by post sent by recorded or special delivery so there is proof it has been received.
    Originally posted by Tarambor
    This is not the way.

    A recipient can get round this simply..

    Better and also moneysaving is to get a free cert of posting from the post office
    • Quentin
    • By Quentin 14th Jun 17, 6:58 PM
    • 31,546 Posts
    • 15,558 Thanks
    Quentin
    I applied to the small claim court on Saturday filled the form in online.
    Now today I've had an email from the company asking me to ring them.


    If they say they are willing to refund my money then should they also cover the court costs of £105 that i've had to inccure?
    If they only agree to pay back the original amount and not the court cost then should I let it just process through court and get a judgement and recover the whole amount.


    Thanks
    Originally posted by atlantis187
    As long as you followed the rules (and notified them you intended to take court action after a reasonable period)

    But if you just went ahead with your court claim you cannot pursue them for your court expenses over this
    • atlantis187
    • By atlantis187 15th Jun 17, 12:54 AM
    • 959 Posts
    • 370 Thanks
    atlantis187
    As long as you followed the rules (and notified them you intended to take court action after a reasonable period)

    But if you just went ahead with your court claim you cannot pursue them for your court expenses over this
    Originally posted by Quentin
    I've already sent them the 'letter before court action' and the deadline for this has now passed. So that's the reason I have now applied to the courts.
    They are trying to get in touch with me now possibly to make arrangements to pay, but what I'm wanting to know is should I also be asking them for the £105 court fee aswell?
    • arcon5
    • By arcon5 15th Jun 17, 7:17 AM
    • 12,969 Posts
    • 8,205 Thanks
    arcon5
    Stuff like this needs to be done in person before it becomes another unsatisfied ccj or company pheonixed
    • Nodding Donkey
    • By Nodding Donkey 15th Jun 17, 7:24 AM
    • 2,344 Posts
    • 1,962 Thanks
    Nodding Donkey
    I've already sent them the 'letter before court action' and the deadline for this has now passed. So that's the reason I have now applied to the courts.
    They are trying to get in touch with me now possibly to make arrangements to pay, but what I'm wanting to know is should I also be asking them for the £105 court fee aswell?
    Originally posted by atlantis187
    If you have already issued the court papers then isn't the fee already part of the claim? That is the amount you want.

    Also, be wary of them fobbing you off. Continue with the claim until they pay.
    • LandyAndy
    • By LandyAndy 15th Jun 17, 8:49 AM
    • 23,633 Posts
    • 50,239 Thanks
    LandyAndy
    I've already sent them the 'letter before court action' and the deadline for this has now passed. So that's the reason I have now applied to the courts.
    They are trying to get in touch with me now possibly to make arrangements to pay, but what I'm wanting to know is should I also be asking them for the £105 court fee aswell?
    Originally posted by atlantis187
    I presume you did a money claim online?

    The claim they receive will have your fee added to the amount claimed.

    If they only refund the price of the car then you can still let the claim run to judgement for the fee amount. Then it would be up to you if you thought the £105 judgement was worth pursuing further or you just chalk it off to experience.
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