Yes it's The Car
Comments
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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.0 -
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.0 -
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.0 -
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?0
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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.0 -
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?
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.0 -
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 you0 -
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.0 -
i'm losing confidence about court cases, even tho FO said there was a breach of contract0
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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 you0
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