Another motor trader refund problem......

Katemac

Hello,
Just wondered if anyone had anything else to add that I should be doing. Bought a car 17th March, was told clutch and flywheel had just been fitted by them at a great cost to themselves blah blah. Was told cambelt was changed at 72,000 miles and that MOT ran til 02/2014. Test drove the car, liked it, took it home. Within 24 hours, the clutch/flywheel had failed, the documents say MOT runs out July 2013 and the cambelt wasnt changed at 72,000 miles nor was it serviced as he had told us it was. I rang them to tell them and initially, they offered to send a recovery vehicle to take the car away and repair it. I declined a repair and said in light of the various untruths told to me and the 24 gap between us buying it and it breaking, I wanted a full refund. Since then, I have been fobbed off and ignored. I have sent two recorded delivery letters, the last of which threatened court action to reclaim a refund. I spoke to CAB who said I was doing everything right but its so frustrating being ignored and having an unuseable car sat on the road to my cost. Anyone have any advice please as to anything else I can do? Thanks

bod1467

You've threatened court action and they still blank you. So ... follow up your threat - START court action. Check out Money Claim Online.

Q: did you entitle your 2nd letter Letter Before Action? (It's not absolutely necessary, but is good practice when thinking about small claims court action).

shaun_from_Africa

If by any chance you paid some or all of the cost with a credit card, then you also have the option of contacting your card issuer and telling them that you wish to start the "Section 75" process.

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

Katemac

I was told by the CAB that I had to give them a reasonable amount of time to respond before beginning court proceedings, 7 days apparently. I used a template from the 'Which' website but sadly didn't entitle the letter as suggested above :-/. Just cannot believe the ignorance of the people and the deception! The worry is that even if I win in the small claims court, will they actually pay up? I have a horrible feeling this one is going to drag on and on.......

Katemac

Sadly, I didn't pay by card, I no longer have one and paid via visa debit as I'd arranged a loan specifically to buy the car. Live and learn :-/

arcon5

Are they sole trader or ltd?

If the former do a search on the guy so see if he has any outstanding CCJs or anything. Being a sole trader would strengthen your ability to recover your money.

If ltd do a director search to see what companies he is or has been a director off. Check when the company was formed and whether but also has any judgements against it.

http://www.trustonline.org.uk/
http://company-director-check.co.uk/
http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo

Hintza

Katemac wrote: »

I was told by the CAB that I had to give them a reasonable amount of time to respond before beginning court proceedings, 7 days apparently.

I thought it was 14 days.

Equaliser123

Hintza wrote: »

I thought it was 14 days.

No time limits at all if small claims as no pre-action protocols apply and no cost sanctions.

Katemac

Thanks for the suggestions, and yes, was told 7 days was considered a 'reasonable' amount of time. I shall investigate the search options you've suggested. Thank you :-)

baffcat

Katemac wrote: »

Sadly, I didn't pay by card, I no longer have one and paid via visa debit as I'd arranged a loan specifically to buy the car. Live and learn :-/

You're in luck. VISA's own terms and conditions give you 'Chargeback' protection on their Debit Card too. Give 'em a call.

Link to MSE article.

arcon5

Yes op could try a chargeback, but they are not guaranteed to be able to recover the money. It's free, so still worth a shot though.