Here is a copy of the LBA, see what you think needs changing (probably alot). Do I sound threatening in this? I can scan copies of the correspondance made between us and the Dealer, so you can get an idea of what has happened, just PM me your email address. Dear Sir Final letter before action Re: Renault Espace XX02 XXX, Date of Purchase- XX XX 2010 We purchased the above vehicle from you for £1995.00, plus a new Cambelt and a Full service as recommended by yourselves, which came to a total cost of £2587.93. A copy of your sales invoice is attached hereto for your ease of reference. We have taken advice from Trading standards and our Solicitors. TAKE NOTICE that we hereby formally rejects the vehicle under s.14 (2) and s.14 (3) of the Sale of Goods Act 1979. Due to the fault with the vehicle’s engine, and above listed faults you have failed to discharge your implied duty under s. 14 (2) of the Sale of Goods Act that the vehicle be of satisfactory quality and further under s. 14 (3) that the vehicle be reasonably fit for purpose. You have until 20th April 2010 to: Collect the vehicle from our address and refund the purchase price to us plus a full refund of costs incurred to date for the above faults, minus your £200 ‘Gesture of Goodwill’. Please also be advised that we have evidence which is contrary to your last letter dated 30th March 2010. We also have further proof of the adverts that were placed as well as the original advert placed on your website. Please be advised that Trading Standards will be involved with yourselves for miss-selling vehicles, and of other cases that have resulted in Prosecutions. If this issue is not resolved within the specified time period then we will commence legal proceedings to recover the purchase price plus full repair costs to date, plus compensation for inconvenience of not having full use of vehicle to date together with interest and costs. No further correspondence will be entered into.

Very very intersting, I hope this does not go to Court, and It probably helps in what I put in this LBA letter to them. Its a shame that cases like that (in Truro) don't hit the bigger media and people may be more aware of their rights. If I done something at work that put my passengers at risk, and I knew that risk was there and still carried on, I would be the one in court and working for Her Majesty afterwards. I will be scanning the correspondance and emailing them to the gentleman at TS on Tuesday. The Wife will speak to him on the phone first though.

PM box empty now. Makes mw wonder if the Cam belt has been done at all. Will call Trading Standards again on Tuesday with regards to the new letter, as we now how proof that the car was not sold on a 'Parts only' basis, and I think TS will be interested further now. Also been advised by Autotrader that they can not send pictures of the car from the advert, however Trading Standards can get them through their Legal team.

The letters from them are just amazing, complete lack integrity. This is the first time we have been in a financial position to buy a 'new' car from a Dealer (the proper way as you are always told -we normally get bangers from ebay-) and when I say new, an '02' plate car for us is new. We do the right thing, as advised by the Dealer, to get a new Cam belt and full service, and pay £2500. We have never had problems like this before! And now this, it is so deeply deeply disappointing, and upsetting, as for the last 2 months, I have had to near enough use all of my wages for travel to work and on getting this car fixed.

Thanks for your reply. We have 3 different adverts. The one from the dealer, but the pictures have been taken off, but the description with the reg plate is on there. The 2nd advert is from 'Piston heads', has the dealers name on it, 8 pictures of the car, says 02 plate (which it is) and then the description (along with 'Mechanically very good' & 'We do check every vehicle to make it is safe to drive') However on this advert it is hard to read the reg plate on the pics, but it is the same car. And the 3rd advert we have had a person at Autotrader send us a copy of the advert, but without the pictures. I am going to try again with Autotrader to see if they can send the pics to me via email. I did fail to mention that in the last letter they sent to us they said, and I quote: We would like to remind you that the true retail market value of a vehicle similar to the one you purchased would be in the environs of £3700 to £3995, the purchase price you paid was £1995 this also reinforces the fact that it was sold on a parts only basis'. I found that staggering. They clearly think we are stupid and they enjoy fibbing. I have 3 adverts stating the car is at £1995 as it is 'Vehicle part exchange to clear, hence the low price and no warranty given'. We also have proof (with other adverts) that we would never get or would you be able to buy an '02' plate (old shaped Espace) for over £3000, they are normally around £1995 to £2500. Why would a family of 5, who are need a people carrier buy a car that is parts only, pay an additional £500 for a full service and Cam Belt (as recommended by the dealer), with no mention of 'Parts only' in the adverts and drive the car back to Bristol? I can't wait for them to explain that to the County Court Judge. I really do not want it to go to CC, but I can not see them just handing over £3500 in the next 14 days, and taking the car back, unless they can recoup there money with the car in the condition that it is. Thanks for your help, and I still look forward to any help out there. I am going to do a LBA and I will post it on here for some advice/alterations!

Thanks for your reply, I will do a LBA then before issuing any N1 (hopefully they might see sense before this) forms. It was a surprise that they stamped it, it was a very nonchalant thing he did, he stated that they do this with all cars, this was however, after they had debited the money from my account. Trading standards (Monmouthshire) stated they are not allowed to stamp any reciept with that, unless the car is for parts only. TS stated that to put a new Cam belt and full service the car, as well as to let us drive the car home (Chepstow to Bristol, some distance if the car was spares or repairs) with Tax and MOT, makes the stamp almost invalid. That is what TS are still investigating the garage for. Also the garage knew we were not mechanics, we are a family of 5 who needed a people carrier, there was another family waiting to see if we were going to buy or not buy and they would have a look....with hindsight we would of left it, but at no point did we think all of these things would go wrong. But as I have stated previously, we have copies of the adverts that state different to what they have said via correspondance. Is it worth mentioning that we have copies of the adverts in the LBA, or to leave that? In Court do they have to prove Burden of proof (if I have got that right)? Thanks again for your help

Hi all, hope someone can give me some further advice! We purchased an 02 plate Renault Espace on the 8th January 2010 from a Dealer (car was part ex). Went to have a look at the car (advertised at a low price of £1995). Car was having misfire problems when they drove it to the forecourt to show us, but stated that it is a Coil pack problem and would be fixed if we purchased. Car was exactly what we wanted. They stated that the Coil pack would be fixed and that they recommend having the Cam belt done as it has no service history (had tax and MOT though). Paid deposit and also paid for a full service/Cam belt to be done as well. When picked up the car a week later paid full balance, and then they stamped the reciept 'This vehicle is not meant for road use and is sold for parts only!' I asked what the stamp was and they stated that they always put this on part ex cars. Was surprised but did not think anything of it as they seemed a genuine garage (were very helpful). Drove the car home and OK for 2 weeks. Found a leak in the wheel arch, bit unsure what it was, took it to a garage, who stated that the Headgasket had gone, as well as a water pump failure - cost £900 plus VAT. Spoke to the dealer, and they said, not there problem they can fix it but will cost over £1000. Then looked into the Sales of Goods Act a little further and found out that really they should be fixing as the car is not fit for purpose. We definately could not drive the vehicle like this. Sent the Dealer a letter, they replied back that it is not there problem, car was sold for parts only as stamped as we knew that? They also stated that we chose to drive the car with a water pump failure that resulted in the Head gasket going, but how would we know that the water pump has failed? you cant see it hear it and I could not tell you where it is! The garage then stated that they would give us £200 as a 'Gesture of Goodwill' towards the cost. We then found a mechanic who would fix it for £700, and he took the car, he stated would take a while as he was backed up with other jobs. We had no car for 4 weeks. We accepted the £200 from the dealer (just a cheque in the post and a comp slip) towards the costs. We spoke to Trading standards as they took an interest in the case, and stated (after looking into our problems) that they are not allowed to stamp a reciept with the above, and then allow us to drive the car home; and that they also gave it a full service and replaced the Cam belt. So the Dealer has no standing in this respect. Got the vehicle back, however the Mechanic stated that there are so many problems with the engine (wrong bits fitted) that we should try and get our money back. He then stated that the Heater Matrix was broke, engine manifold was gone, and that the Driveshaft dropped out as well. He basically said the car was a lemon. So we have a car that can't be trusted. We only got the car back last week and have only probably had it to drive for about 3 weeks. We sent a letter to the Dealer stating that under the Sales of Goods Act we want them to pick the car up, refund our money and refund our costs. The car is not fit for purpose. Had a reply back today stating that the car was sold as parts only and not for road use, that we knew the car had problems when we bought it basically tough luck. We know want to take this to court and get our money back, but I am unsure how to word it on the N1 documents. Wife is contacting CAB on Tuesday for further advice. I knew the garage was never just going to give us our money back, but they clearly have lied. What they forget is, that I have 3 print outs of different adverts they placed for the vehicle, one of them from Autotrader (who kindly sent me another copy) and on every advert it states car is mechanically fine and safe to drive, and nowhere does it state that the car is sold for parts only. I have not advised the Dealer that I still have these adverts. Any advice would be greatly greatly appreciated. I can also put on copies of the correspondance between us and the Dealer! Look forward to any help!

don't mean to hijack the thread here, but what if there was a shortfall in the sale of the house, say £20,000, and the mortgage company don't know where you are (i.e renting and post being redirected) how do thet chase the money from you..do they CCJ you, default you on your credit report, send out a private investigator??

Thanks for the above, I have just one other question. I take it all of our wages are added up by the OR, and then they take away Rent, Bills, Food & Petrol, but are we supposed to live like Monks for a year? i.e. do I get to keep any money to go and see the odd football match or out for a meal? My wages go up this year by a lot, and if I have an extra, say £500 in my wages does that all go to the OR. I just need a bit of clarification on this, but all help is greatly appreciated. P.S are Tax credits and Child benefit affected?

Hope to get some advice from people out there! Me and my wife had our home repossesed last August, we bought the house for around £170,000 and were trying to sell it for around £200,000 unfortunatly with the credit crunch and all, we could not sell it and we became quickly in arrears by alot of money. We eventually elected to have the house repossesed as we were moving away anyway (my job has brought me down south). We also had a secured loan on the house for around £20,000. We have many other little debts (all under £1000) and a couple of CCJ's which aren't being paid but are on the 'the house' as such. I have just found out through the estate agents that the house has only now been put on the market for £140,000, so already we have negative equity of £30,000 plus the secured loan of £20,000. Me and the wife have been discussing Bankruptcy now for the last week as it seems the best option for a 'new start' (even though it will be on our record for 6 years). My questions are as follows, if anyone can help: 1. Does my employer get notified that I am made bankrupt? 2. Does it def go in the local paper, as I have not seen any Bankrupt's in my local paper? 3. What happens to my wages if I cannot get a basic bank account? Does the Halifax close accounts 4. Will they tell my Landlord? He has a clause in the contract that if we are made Bankrupt he will kick us out (I have 2 young kids, and we have been on time every time for our rent) 5. Is Car insurance/utility bills affected i.e could I be uninsurable? 6. Is it best for me to declare myself Bankrupt then the wife instead of both doing it at the same time? 7. Do I give the OR all debts/bills outstanding that are on my Credit File if I want them 'wiped off' as such? 8. Can the OR take my car off me even though I need it for work? 9. If I earn a good months wage, can the OR take any of the money off me and can you still have a holiday in the first year (daft question I know!) I know I am asking alot, and any help is appreciated, but it is a very stressful time, and it seems better to hit it head on now, as the house aint gonna sell, and we are not going to be able to pay any of the debts off in my lifetime! Thanks again in advance

Hello, They sent a cheque to me, and I have all of the paperwork. Thanks for your help.

Hope someone can help. At the start of the year Barclaycard paid up (£290.03) in charges on a closed and defaulted Barclaycard account of £508.00. 2 months ago we recieved a letter and court documents from Hlcf Limted who were taking us to court for the full amount (including interest and court fee of £80) of £694.38 on behalf of Barclaycard. I subsequently sent of my acknowledgement and my defence. and what I believed I owed (minus the £290.03 that Barclaycard paid up). We have now recieved a Judgement for Claimaint for the full amount. I phoned the Court to ask why this was, as I sent in a defence, they stated that they never recieved my defence, and I have to pay the full amount. (I did not send the letter recorded delivery, my mistake). Now, to say I am unhappy is an understatement. The court said I can pay £65 and send in an application form to put in a defence, or send an application to Hlcf limited to pay in instalments. What I want to do now, is file in the County Court against Hlcf for £290.03 plus my court costs as Barclaycard paid this to me as these were charges on this account. Is this the best way round this to get the CCJ reduced to the correct amount? Or pay the £65 and put my defence in again? or send a letter to Hlcf outlining the payment Barclaycard already made to me and that I intend in filing at Court for my £290.03? I don't mind if they credit the £290.03 against the CCJ, but I find this very unfair. Look forward to any advice.

Hope someone can help. At the start of the year Barclaycard paid up (£290.03) in charges on a closed and defaulted Barclaycard account of £508.00. 2 months ago we recieved a letter and court documents from Hlcf Limted who were taking us to court for the full amount (including interest and court fee of £80) of £694.38 on behalf of Barclaycard. I subsequently sent of my acknowledgement and my defence. and what I believed I owed (minus the £290.03 that Barclaycard paid up). We have now recieved a Judgement for Claimaint for the full amount. I phoned the Court to ask why this was, as I sent in a defence, they stated that they never recieved my defence, and I have to pay the full amount. (I did not send the letter recorded delivery, my mistake). Now, to say I am unhappy is an understatement. The court said I can pay £65 and send in an application form to put in a defence, or send an application to Hlcf limited to pay in instalments. What I want to do now, is file in the County Court against Hlcf for £290.03 plus my court costs as Barclaycard paid this to me as these were charges on this account. Is this the best way round this to get the CCJ reduced to the correct amount? Or pay the £65 and put my defence in again? or send a letter to Hlcf outlining the payment Barclaycard already made to me and that I intend in filing at Court for my £290.03? I don't mind if they credit the £290.03 against the CCJ, but I find this very unfair. Look forward to any advice.

Thanks for your help, both of you. It is appreciated. Best regards

Well, I have phoned the Court and they can't really do much. They have stated that there is no Suspended Possesion Order, all they have under the Claim number is an adjournment of the proceedings with liberty to restore. So, if I fall into arrears again, they can go straight to the Court. But I want this to be cancelled, so they do NOT have this to restore, as I have paid of the arrears and owe them only my monthly amount. Any advice? The Court has suggested that I write to them to tell them the arrears are cleared, but they said that that would not do much, they suggested to contact the mortgage company?? Look forward to any advice

That is what happened this time. We went into arrears again, and they went straight for the repossesion bit. As the arrears are now clear, I am asking GE to send a letter to confirm that it is clear, and I will phone the Court tomorrow. Thanks for your help.

Finally, after 8 months of paying off £1500 of arrears (and don't forget those charges and interest they have added on for the Christmas party) I was hoping someone could advise me on the next step of getting the Suspended Possesion Order removed. There is no point in talking to GE, as we all know what, if any, response I will get will be cr*p. So if anyone can tell me who I write too or what I need, this would be greatly appreciated. I can't believe they even got a Possesion order for 1 1/2 months of arrears, but they love splashing the cash, and charging us for it, how kind......When is that march on Malvern House in Watford, I had a great Ideal to charge them £40 a pop, if anyone is interested...!

Yep, any charges from GE Money, but not any ERC charge.Best of luck

I settled for £500 for a ERC with GE Money

It's pure profit for the airline. When I worked for BA I was always told to add a cancellation fee, this could be £30 for a flight cancellation, this was, as I was always reminded, pure profit for the company. Even though you have lost all of your money for the flight and that seat will 9 out of 10 times be sold on, its just more money from you. They sometimes can be very old rules they follow (i.e. the one way principle, where for an extra quid on top of the single fare for example you can get a return, this is normally with scheduled airlines, not the low cost or charter) So really, it has nothing to do with cost, as it takes about 5 seconds to cancel a flight, this does not generate any paperwork (unless it has been requested) and no letters sent. Hope this helps. Hope you had some form of Travel insurance though, as you should (depending oin the cancellation circumstances) get your money back. P.S it is quite surprising mind you, how many people don't take out travel insurance on all flights including domestic.

Thanks for your help

after 6 years they can not apply for a CCJ?I am aware that after 6 years defaults/CCJ's come off your credit file.

Thanks for that.On one point, I am very sure that you can not apply for a CCJ if there has been no communication for 6 months or more?I am pretty sure that I have seen this on this site somewhere.

Very true, our money.

Just some advice please! Could someone, if possible put me right on the following please: 1. Can a company apply for a CCJ, even though they have Defaulted you on your credit record already, and this has been on there for over 3 years? 2. Can a company apply for a CCJ if the debt is over 6 months old, and a payment has never been asked for and no communication between you and the creditor in over 2 years? 3. Can a company apply for a CCJ on a debt, if the debt was made up of charges, and the creditor has actually paid you via cheque for the charges in the last 4 months? 4. to lead on from the question above; if they have paid you out in charges for the debt, to my knowledge the Default has to be removed, as the debt was made up of charges? 5. If no paperwork can be provided i.e Signed agreement, original signed Default notice and correspondance can they still apply for a CCJ? 6. If a debt has been sold on to a debt recovery company, can they apply for a CCJ, even though the original creditor sold it 18 months ago? I know there are alot of questions, but if anyone can help, it would be appreciated, I have a rough idea on some of the questions, but some extra help would be appreciated. Best regards