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DG319

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  1. Upon searching for information about the company to fill the form in I just found there other trading name on companies house. OLDBURY CARS LTD people - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK OLDBURY CARS LTD - Free company information from Companies House including registered office address, filing...
  2. So my judgement finally came through today. When filling out the form on the sheriffs office website (they look amazing by the way thank you) do I give them the owners correspondance address that is associated with companies house as an alternative address and give authority to attend there as well?
  3. Waiting on the CCJ now. If I decide to keep the car (don't have much choice really) I'm still legally entitled for them to repair it. But how would I go about doing this when they refuse to communicate or point blank refused to accept the car back anyway. There's quite a lot wrong with it. Front and Rear brakes but the caliper is also leaking - Rear jet washer doesn't work - it has electric adjustable wing mirrors which don't work - rear left level sensor needs replacing - stop start doesn't work - it wouldn't even start the other day and it has an oil leak I've got oil all over my drive. All of this is since the day I brought it, I do have on my "receipt" 6months engine and gearbox warranty.
  4. Well today I have requested for the CCJ as they have not responded to the court claim. I have spoken to a local baliff company yesterday to see what my reality looks like of getting my money back and it seems that as Steve has said above because they have so many different names it would look highly unlikely to get any money back as on the technicality that BankFodder said above I have put my claim against the wrong company name. Despite the reciept saying the name I have used.
  5. In what case would the judgment not be enforced? What's the whole point in having the consumer act and the court claims if in fact its not guaranteed and they can still ignore the court and get away with not paying back the money collecting the car and carry on selling dodgy and unsafe vehicles. Really starting to regret the court and bothering with trying to get my money back. I've been the doctors because of the stress and depression it's all caused me and the strain it's put on me and my kids lives. Not forgetting the waste of money that we 99% likely hood of not getting back so can't afford another vehicle for years as I can't go back to work due to childcare and this car it self will need thousands spent on it just to get it back to being safe. Sorry just ranting and it's really getting to me now.
  6. Ok thank you. One thing I just thought of is what happens to the car when all this is done? It's still on my drive, I'm under the impression I can't use it so haven't used it since 17th May other than to take it for a little drive around my estate so it doesn't cease up and storage of my double pram, although have noticed it's gaining more faults also.
  7. So far its cost £455 for court fees, then there's another fee to ask the court to collect the money, bailiffs have a limit of £600-£5000 but mine is £6249 and it says the courts can't guarantee on getting the money back. All under the 'enforce a judgement' on the make a MoneyClaim on gov site. https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment
  8. Hi Steve, Oh no, what does that mean for you? I hope you get your money. I'm just reading further online with the MCOL process and doesn't look likely that I'll get my money back without spending more thousands that I just can't afford
  9. Just a quick little update, my court claim forms have now been sent to Autoland Car Sales so now just waiting for them to defend themselves they have until 17th July. Thank you
  10. Hi Steve, how would you like to share the information? Did you manage to get your money back from the garage?
  11. I have again had zero response from the buisness since sending my last letter to them. I have now applied to court and have to wait for my application for help with fees first which should be within the next 5days. Do I let the buisness know I have applied to court in hoping they may then refund me after knowing I was being serious and not just bluffing?
  12. Do I need to include a reply form with my letter of claim? Sending the letter off today as I am really struggling without a car. I haven't used it since I sent my letter of rejection. Impossible to actually leave my house to go the shop without a car with having baby twins and a toddler that doesn't fully walk yet.
  13. 30th May 2023 Autoland Cars Sale 12-20 Birmingham Street Oldbury B69 4EB Oldbury Car Sales 14 Birmingham Road Oldbury B69 4ED Dear Autoland Car Sales After speaking to you on the phone several times since 12th May 2023 and you refusing to accept my short term right to reject and not receiving any response from you in regards to my letter further exercising my 30 day short term right to reject dated 17/05/2023 for the Audi xxxxxx. I am writing my letter of claim to yourself for the sum of £6249 for breach of contract, for supplying a vehicle with faults that you are already aware of and wrongly advertised. You can pay this by cheque and sending it to the return address above or by bank transfer to the details at the bottom of this letter. I am hoping to resolve this amicably and without going to court. However if I do not hear from you within the next 14days this will then be taken to court. Yours sincerely I have tried to add more in and made it about breach on contract instead of debt. Also changed to 14 days.
  14. I have started one after reading through the guides on this website and the justice guide. Am I writing the correct one for 'debt'? It isn't complete as of yet as I have no idea what I'm doing, or what else to put it and how to word things properly. I just thought I would show first so to know I'm on the right track and not wasting my time writing about the wrong subject. letter of claim.pdf
  15. His 7days is up on 29th/30th for the refund. I've read through the small claims and draft letter but it's all complicated and lengthy to me. I don't understand any of it, I can see why business' get away with not refunding, as they should because its time and costs. I have twin babies and a toddler at home so getting time to do anything important like this is nearly impossible. I think they are going to win.
  16. Thank you for your help. I have sent the letter, circumstances at home didn't allow me to send until 22nd, but still before the 30days. They have recieved it via recorded, normal and digitaly on whats app but heard nothing back as of yet. What is the next step after this? I don't think I'm going to hear anything from them at all. I have read through the whole guide and when I buy my next car, I will be going through the guide point by point and not let any salesman rush me either.
  17. That seems perfect to me, I did think the original was a tad harsh in it's words. Do I include my bank details onto the letter for the refund? Also would it be bad to send the letter via whats app to the business number, As well as sending a hard copy via recorded delivery and 1st class. I really appreciate the help and your time. I'm just worried they refuse and I can't really afford solicitors etc.
  18. The owner of the garage I went to for diagnostics wrote the letter, I was going to edit myself before sending. I have the vehicle in for pre mot tomorrow so I will be able to have confirmation of the mot status tomorrow before I send the letter and edit accordingly. Autoland Cars Sale 12-20 Birmingham Street Oldbury B69 4EB Oldbury Car Sales 14 Birmingham Road Oldbury B69 4ED Dear Autoland Car Sales I purchased the Audi Q7; ....... from yourselves Autoland Car Sales / Oldbury Car Sales on 29/04/2023 for £6249. You will recall that I have spoken to you by telephone to advise you of my concerns regarding the vehicle and today as the letter is dated 17/05/2023 I am exercising my legal right to reject the vehicle under the Consumer Rights Act 2015. · Firstly, having taken advise of which I have supporting evidence, the vehicle is not to the specification that you advertised · More importantly the vehicle has faults that should not have been present upon purchase, therefore the vehicle is not fit for the purpose. Upon making telephone calls to you, I found your conduct/behaviour as an attempt to intimidate me and I stand by my rights and the evidence I have therefore if you fail to exercise my consumer rights I will pursue this matter via the legal route seeking a full refund. I also have grounds to assume that the MOT was carried out "favourably" to you as the seller, therefore if you fail to offer my entitled refund I will also contact DVSA and seek them to carry out a full inspection of the vehicle of which could have a detrimental effect on the operation of the MOT Centre. To ensure my safety I have a call record app on my phone and upon making the garage upon collection of the vehicle I was informed that I was covered on your insurance for the period of 7 days including for road tax, this I find utterly appalling, you as a business allowing me to drive a vehicle where I was potentially "uninsured and not taxed" and upon me speaking with Covea insurance they advise that they do not offer such cover under the motor trade policy specifically where you had no details of mine to add me to such a policy. Furthermore having carried out a HPI check today I can see that the last change of keeper was 28/04/21 and on the basis that the V5 document is not in my possession, I can only assume that I was misled in you advising that you have the V5 and you have subsequently sent off a V62. May I also point out that your addresses on your receipts and the signage do not relate correctly therefore failure to exercise my consumer rights and I will also report your business/various names and addresses to HMRC, VAT and Trading Standards. Please respond to this letter via email or letter and state your intentions and next steps to dissolve this matter. If I do not hear from you within 7 days or should you reject my claim I will be legally pursuing you with the next steps. Yours sincerely ......
  19. Another garage I went to today has wrote that out for me to send to them as he did a diagnostic on the vehicle for the light to find it is a faulty rear level sensor and the part costs £214+vat then add labour on top. Autoland did not mind me paying by card but for that I would of had to go next door as the garages wifi wasn't strong in the building, so I asked if bank transfer would be better. From looking at the car it looks reasonably well for its age, odd few marks but nothing you wouldn't expect at its age. The MOT has advisories but normally you would think they would be acceptable to last at least 3months but with the brake judder I'd say they need replacing asap and should not of passed. I am looking at getting an impartial pre mot inspection done tomorrow. Thank you.
  20. Autoland Cars Sale 12-20 Birmingham Street Oldbury B69 4EB Oldbury Car Sales 14 Birmingham Road Oldbury B69 4ED Dear Autoland Car Sales WITHOUT PREJUDICE purchased the Audi Q7; SW57NLD from yourselves Autoland Car Sales / Oldbury Car Sales on 29/04/2023 you will recall that I have spoken to you by telephone to advise you of my concerns regarding the vehicle and today as the letter is dated 17/05/2023 I wish to exercise am exercising my legal right to reject the vehicle under the Consumer Rights Act 2015. Firstly, having taken advise of which I have supporting evidence, the vehicle is not to the specification that you advertised More importantly the vehicle has faults that should not have been present upon purchase, therefore the vehicle is not fit for the purpose. Upon making telephone calls to you, I found your conduct/behaviour as an attempt to intimidate me and I am afraid I stand by my rights beliefs and the evidence I have therefore if you fail to exercise my consumer rights I will pursue this matter via the legal route not only seeking a full refund but also compensation as a result of your attempt of intimidating conduct and for the alarm and distress that this has caused me and my family. I also have grounds to assume that the MOT was carried out "favourably" to you as the seller, therefore if you fail to offer my entitled refund I will also contact DVSA and seek them to carry out a full inspection of the vehicle of which could have a detrimental effect on the operation of the MOT Centre. To ensure my safety I have a call record app on my phone and upon making the garage upon collection of the vehicle I was informed that I was covered on your insurance for the period of 7 days including for road tax, this I find utterly appalling, you as a business allowing me to drive a vehicle where I was potentially "uninsured and not taxed" and upon me speaking with Covea insurance they advise that they do not offer such cover under the motortrade policy specifically where you had no details of mine to add me to such a policy. Furthermore having carried out a HPI check today I can see that the last change of keeper was 28/04/21 and on the basis that the - V5 document is not in my possession, I can only assume that I was misled in you advising that you have the V5 and you have subsequently sent off a V62. May I also point out that your addresses on your receipts and the signage do not relate correctly therefore failure to exercise my consumer rights and I will also report your business/various names and addresses to HMRC, VAT and Trading Standards. Without appearing to be rude, I am sure you will agree that a refund may be painful for you to offer at this stage however knowing how HMRC, Tax, VAT and Companies House investigations work, I am sure you will agree that this would be the much easier process for you to agree. Yours sincerely
  21. Thank you for responding quickly. I am in the process of trying to write a letter to send them. The other details missing is: garage name I brought the vehicle from is Autoland Car Sale in Oldbury Birmingham, although on Motors.co.uk, where the vehicle advertised is called Oldbury Cars Ltd. I paid £6249 by bank transfer for 57 plate Audi Q7 on 122,463miles. It was also MOT'd by a garage near to the garage that sold me the vehicle called Enterprise garage. Thank you Don't know if it matters or not but I thought more detail the better. The guy I dealt with on site was just a mechanic/wash guy, wasn't even the manager or anything but they didn't provide or show me the V5 log book either, then when I questioned about it so I could tax the vehicle before I drove home we rang the manager to be told I'd be fine as I'm under his insurance for the next 7days and the V5 will come through by post. This slightly worried me, luckily there was a green slip in the service book and it worked to tax the vehicle as I already knew that what he said was not true at all, insurance doesn't cover road tax. But I still haven't actually had the V5 through either and this is the 4th vehicle I've brought, the V5 is normally here by now.
  22. Hi, I have come here today because I require help/advice on the above topic. I apologise for the length of this but I like to give full details. I brought an Audi Q7 on 29th April 2023 from an independent garage seller. It was advertised on motors.co.uk. It was advertised to include full service history, also rear entertainments which means tvs in the front headrests. They got the vehicle serviced, MOT'd and inspected the vehicle all ready to collect on the same day. When we arrived we were rushed to view and inspect it, not offered a test drive (it passed MOT) and straight into the office for payment and signing. We were on the premises for less than half an hour. After getting the vehicle outside the lot so the guy could lock up, we had a full proper look at the vehicle. The panoramic roof wouldn't work fully, air suspension adaptation light was on the dash (still is), the drivers front door is dropped, has stop start but start function doesn't work. We rang the guy and he assured us it would be looked at, but to go enjoy our holiday and get in touch when we get back. On my drive home from the garage I noticed when you get to a certain speed it has a very bad brake judder on the steering wheel, it would not of been noticed on a test drive unless you drove at 60mph. We then found it does not have the rear entertainment and the service history has a few years missing. I emailed the garage on the 8th May 2023 to which he claims he has not received as my partner rang him to see if he had received it due to it possibly go to junk. My partner then explained we wanted to return the vehicle due to the air adaptive suspension light being on, the door being dropped, the very bad brake judder and no rear entertainment as advertised. The garage was of no help saying he was busy and hasn't seen the email and will get back to us. I rang my RAC legal advice and they assured me I could return the vehicle for a refund under the consumer rights act short term under the vehicle not being of satisfactory quality and not as described. I rang the garage today 13th May 2023, explained the problems again and that I wish to return the vehicle under the consumer rights act for the vehicle not of satisfactory quality and not as described. The garage is 100% refusing to take the car back, he is adamant that the above faults are not faults with the car (my main issue is the light on the dash, they only come on when there is a fault) and do not come under the consumer rights act and as for the advert he claims it has nothing to do with them, they put the advert on, write their piece and the website automatically puts it on there. But I'm sure if that was the case then all the Audi Q7s for sale on the same website would have that same description, but I have not seen it on any other advert. As for the service history he is saying that the service only needs to be done every 20,000miles, but I worked in a car repair garage myself and the service schedule is every 12months or 10,000 miles which ever comes first to which he said it is not a new car its 13years old, but it really doesn't matter on the age of the vehicle. Then he tells me to get in touch with the garage they paid to service/mot it and deal with them but my contract is with him not the garage he paid. I am lost at what to do from here, am I right with what I'm saying or is he right in refusing and the faults are not honourable. I'm worried I've brought a car that I can not use safely to take my kids to school etc and that I'm going to be stuck with and have to get it repaired and keep. Thank you so much if you made it this far.
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