Yes it's The Car

mc303

waamo wrote: »

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.

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

mc303 wrote: »

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.

Yes, you should send a letter before action.

Google it for many samples.

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.

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

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.

wealdroam

mc303 wrote: »

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?

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

wealdroam wrote: »

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.

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

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.

mc303

i'm losing confidence about court cases, even tho FO said there was a breach of contract

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