I think I could have fought for a bit more, but overall I am satisfied with the result given circumstances. Taking a lesson from this, its likely that both sides lose during mediation, although I think they haven't expected I will be prepared to go as far as I went, which is a consolation in itself. Thank you so much for all the help you've provided during this process, especially the cold hard truths and wake-up calls on some of the issues.

Just to give an update on this. We've settled in the end during mediation.

I can refute the points which are related to (A): Anything they sent in the letter, (B): Their claims that I did not communicate further after their letter. Anything related to the phonecalls, I cannot prove in terms of content, only dates and times - could you tell me whether those are admissable as evidence? As far as I know, the hearing fee is £80, which I'm ok with paying. It works out better to me to try and win the £900 and risk £80 + £60 for the case and hearing fees than to discontinue the case. In terms of risk factors: Looking at their defence (as you mentioned earlier), either they're consulting legal advice or its not their first rodeo. In case I lose the case during hearing, am I liable for any of their legal costs associated with their defence? I will have a look for templates. The earliest I can send the SAR is on Monday. That gives them a month to disclose my data they hold (also see my point about the DQ below), but I'm wondering what is the use of SAR at this point? Will it be useful once I submit the evidence to court or is it something to do with the letters? On the same note, the fabricated letter situation worries me a bit. Its probably not uncommon but makes me think what else can they pull off to not have to pay. Clearly they're operating with malicious intent. If I wanted to present this in court, how would I formulate this to the judge? Put it plain old: "they're fabricating evidence"? Do I send something beforehand? I will send another PDF with the full table (could you kindly update your post with the table once I attach it, I don't think I'd be able to edit your post). The chronology will be of what I have in my notes and documentation. Their defence does not exactly state "what happened when" from their POV and seems to be rather all over the place in that regard. Deadline for submitting the DQ is the 6th of July. In terms of the SAR, if I have to send off the DQ by the above date, I'm guessing the SAR might not be useful, since they have a month (and will likely take a month). The hearing fee is £80 as mentioned above. I think I'd be able to argue my points clearly. The things that confuse me is what happens when after I send off the DQ, and what sort of documents I need to send to whom. Your advice is great! Thank you. (I'll work on the table today and tomorrow and post it here as a PDF)

Hello again, I have realised something interesting... They are fabricating evidence! The letter they have sent on the 11 of March 2020 (the one I have actually received) - directs me to get a quote and pass it onto the warranty company or to them so they can decide. They letter they have attached as an Appendix to the defence says they want the car returned for inspection. How bad is this and how do I prove this to the court? Best I will send the scans of both letters later today

I have just received the Directions Questionnaire for the Small Claims Track and a Notice of Proposed Allocation to the Small Claims Track. Could you kindly have a look at my previous message and comment on some of my questions? Generally I'm really confused as to what happens now and what kind of things I need to send where. I believe I need to fill in the Directions Questionnaire and send it both to court and Forton Motors? Also, whether based on the evidence I have and don't have, there is a point of taking this to hearing? Your input would be greatly appreciated.

#5: I have not, I received the defence yesterday and have been working on making counterclaims to their points. Not sure what SAR is #6: I know the garage: - "J HOWARD MOT CENTRE, REAR OF 2 ALEXANDRA ROAD, SKERTON, LANCASTER, LA1 2DE" It seems to be independent however I was unable to find their companies house entry for some reason... I am unaware whether that is their default garage. The last 2 tests performed on the vehicle were from that garage. One fail, one pass on the same day (22/01/2020). #9: All I have are the phone records stating that I have made a phone call to Forton motors, also some notes I have made after the conversations. I don't have recorded conversations as in audio files. #10: All I have is the notes I've made after the phone conversations. No recordings of the fact they said it was the sensors. Forton Motors have said in their letter dated 11/03/2020 the following: - "Please be aware though that engine management lights can come on for any number of reasons and the manufacturers advise customers to stop driving the vehicle immediately in case they cause further damage which retailer cannot be held liable for". - This is in response to my first letter dated: 28/02/2020 where I clearly stated the identified fault code and potential causes as per mechanics advice. #11: Other than phone logs showing that I've made a phone call, there's nothing there that could confirm that. #12: I have formally informed them in a letter of complaint about the fault code on the 28/02/2020. I have told them the fault code on the 26/02/2020 during phone call conversations however I have no tangible evidence of that other than phone logs. #14 I believe they are still referring to the 26/02/2020. At that point I was just getting advice from a local mechanic. In order to obtain an actual quote, I'd have had to pay the mechanic ~£200 to take the engine apart. However, on the 26/02/2020, I have had numerous phonecall conversations with Forton Motors, where I made it clear to them about the fault code and the 2 potential causes: Sensors (£150 costs), Camchain (£700 - 900 costs), as that was all the information I had from the mechanic without taking the car apart. I couldn't get a detailed quote without letting the car be taken apart. Again, I informed Forton Motors about this during a phonecall conversation but I cannot prove in terms of the things that were said (if anything, I have the notes but I'm not sure they're admissable) #15 Nope, only phone logs #17 Don't think I can #18: What would be the formal way to ask them about this? Or is that going to happen during the hearing? Unfortunately no, I feel like that would have been a useful piece of evidence. Smartly, they have said all these things in the phonecalls which I have not recorded. They have said in their only letter they have ever sent to me (dated: 11/03/2020) the following: "We acknowledge receipt of your letter dated 28 February and note your comments. As per our recent telephone conversation, you were going to have your vehicle looked at by your local garage so could you please forward their detailed report along with their quote for the repairs. Once we have received their quote we can then discuss this matter further. Alternatively forward the quote to our aftersales team at A1Approved for a faster response - claims@a1approved.co.uk" Generally speaking, the only formal piece of evidence from them is the letter they sent on the 11/03/2020. The rest was in the phone calls. I have responded to that letter with another 3 but never heard from them again, despite the fact they received them. #19: Nothing written, but they refused in the phonecalls by saying that: "we do not handle the repairs, contact our aftersales team at a1approved.co.uk" I am also taking their lack of response to my 3 letters after the 11/03/2020 as a form of refusal as there was 0 communication on their part after that letter. #23: I agree! The cover they have provided me with covers only mechanical faults which they knew full well. Yet during the telephone conversations they have been extremely adamant it "must be the sensors, it cannot be the camchain". They stuck to that spiel only after I provided them with the fault code. They were also adamant to contact the warranty and provide them with quote so that Forton Motors can speak to the warranty aftersales "team" and "sort it out for me", which I would say refutes their claims that I didn't inform them about it. Unfortunately, all of this was during phone calls... #24.5: Me neither... #25: Very true. There was nothing to obstruct as they have made no efforts to continue communicating with me about the matter, apart from that letter on the 11/03/2020. Could you elaborate on the comments you've made to points 21/22/24? Thank you very much again!

Please find a list of my responses to each of their points Response to defence.pdf

Thanks very much! I will get onto this tomorrow morning and post back my points.

Here are some better quality scans. defence.pdf a1approved.pdf

I will try to get them scanned later today on a better scanner

I received them in a paper form but I don't have a scanner myself and the scans I made of these are done on a very old scanner that my partner has let me use. I could try later today at my workplace if its crucial to get them in PDFs

Unfortunately that's as best as I can get them. They're scans but the documents I've received from them were already in such format.

Hello again, On 11/06/2020, they have filed Acknowledgment of Service and today I received their defense in mail, which is a rather confusing one. Here's my take on what they said in each point: Point #10: I have informed Forton Motors that the light has come on and that I have taken the vehicle to a local garage, which provided me with a fault code - which I gave them during the telephone conversation. Point #12 / #13 / #14 / #15: At this point they already had the fault code provided to them via telephone. This was the day I took the car to a mechanic, who advised me not to go through the warranty service but advised by Forton Motors, I have called the warranty to ask about things (never gone through with any claim). Point #18: At this point, they have not informed me about any correct procedures. During the telephone conversation, they have advised me to go through with the warranty service as opposed to exercise my rights via the Act. Point #19: This letter is the first time they have requested any garage reports. Point #21: I have sent them 3 more letters after that clearly acknowledging their reply. I have all the recorded mail info for this. Point #22: Again, no claims were filed under the warranty, I have simply contacted the warranty once on the 26th Feb after being lulled into thinking this should be the way forward by Forton Motors. Any point after that I don't even know what to say to as it is plain wrong and false. What's interesting is that they mention Appendix 1 (pre-delivery inspection) but it has not been attached to the files I've got in the mail. I have instead 2 appendices noted as "Appendix 2" so I'm not sure which one is which one or whether they have actually done any pre-delivery inspections. Additionally, there is no mention of any of the letters I have sent them in reply to the letter they've sent on 11th of March. That is 1 additional letter of complaint asking about Alternative Dispute Resolution service + 2 Letters before claim. All my letters were recorded postage which I have proof of. Any advice on the way forward would be greatly appreciated. Damian

Thanks very much, will read these links

All done! Thank you very much again! I intend to click off the claim on 25th (given they don't respond to the letter by then). Is there anything I should keep in mind once I do that? I believe they have 14 days to respond with a defence but I'm uncertain on the order of things happening should they do so.