I hope this is a positive sign

Update, Defence submitted and the Court has acknowledged receipt and also sent an Allocation questionnaire to be completed within 14 days. The best bit is that the Claim has been transferred to my local Court which is some 200 miles from where the Claimant lives.

CitizenB, Thanks for you comments. I now feel comfortable enough to submit my Defence.

So I have finished my final draft of my Defence and only have two days left to submit it. Could I ask for a second set of eyes to have a read of it.

So his grounds for return are that his wife does not like it and he feels it is over priced, sounds like buyers remorse to me! The answer is No he can not sue and you are not legally oblidged to offer a refund either unless you stated a returns policy in your listing. Sounds like a chancer to me who has been scalded by his wife for spending £650 on decent Laptop.

Nicola, WRT to the warranty. The issue here is that it is provided by the RAC and to enable them to create the Warranty account they must first receive the relevant paperwork from the dealer. The dealer has refused to submit this. I have a copy of the application form which will form part of my counter claim against the garage.

Hi Martin, Thanks for the mail by the way. I will upload a copy of the POC once i have filed my claim. Back at day one I spoke with my local Trading standards but they were unable to help me and suggested that I contact Consumer Direct who were less than helpful. When i say less than i mean not at all. The only advice they could offer me was write to the garage stating your complaint, how it should be resolved and timeframe. The matter had not been resolved to my satisfaction the only option available what be to take it to the small claims court. Gee, thanks for that!

Ok so I had a session with a solicitor yesterday and if i’m honest I don’t think she fully understood the issue, I also felt that as she was a trainee solicitor she was not qualified to offer advise unsupervised. What she did say was that as the dealer can demonstrate that the vehicle was advertised online and has produced a copy of the advert it would be assumed I entered into a contract with the dealer and agreed to pay the advertised price by paying a deposit to hold the car. She also went on to say that the dealer is not contractually bound to honour the transaction or warranty as a genuine mistake was made and it was my responsibility to at all times bring this to the attention of the dealer. It was mentioned that as the dealer had stated on more than one occasion that he was considering litigation and that I had not offered to repay the amount there is a very good chance the District Judge would rule in the Claimants favour. Also the copy of the sales invoice that shows the actual amount paid is meaningless as the amended copy provide by the dealer reflects the amount that should have been paid, not the amount that HAD been paid. I argued that surely my copy, the one which sows the actual amount overrides the other as this reflects a true statement of account. She is of the opinion it does not. The Solicitor has suggested that it would be within my best interests to settle out of court and NOT peruse any claim for against the dealer for not honouring the warranty. Great!

Finally managed to find a Solicitor who charges less than £100 per hour so have booked a 1 hour session tomorrow afternoon to discuss this matter plus another issue regarding the dealer refusing to honour the warranty.

Hi SS, The invoice just has the company name and trading details including V.A.T reference etc but no transaction number or reference. I have compared the two and there is no doubt that apart from the alterations made by the Claimant they are the same.

Hi Martin. I'll email it to you in a sec.

Ok, Litigation is my only option here, can I ask a MOD to have a read of my POC.

My CC company have FINALLY agreed to accept a chargeback but need a detailed account of the sequence of events and a copy of the parking ticket before they will process my request.

I have, i think found a local solicitor but need to phone back Monday morning. Neither copies are signed by the dealer but the warranty paperwork which reflects the same price as my copy is.

I receive the same letter every couple of months from our friends at 1st Credit.

I'm trying to find a solicitor who charges less than £180 to offer advice but not having much luck. So far I have phoned a couple of solicitors in my area and tried searching using Contactlaw.co.uk.

Well it turns out that my CC will not do a Chargeback as I athorised the transaction. I explained that payment was made under duress but they said there was nothing they could do.

The copy I have is the top copy written in blue ink and is the same as the bad photocopy the Claimant has provided in their POC. The only differences are that on copy they have provided the amount paid is broken down into cash and Debit card on the bottom right hand corner, the sale value has been increased by £1,000 (and crudely at that) and there are random marks all over it like it has been under carbon paper. I made a verbal offer to meet the dealer halfway by offering him £500 if he honoured the warranty but he point blankly refused, well that is the polite way of putting it!

This evening i've had another look at the signature and i'm not sure now if it is forged but instead a very bad photocopy. The rest of the invoice is exactly the same as the copy I have apart from the corrections made to the sale price.

I have yes.

Right, Not had much time to look at this due to two deaths in the family but managed to find a couple of hours last night to read the Defendants POC and I am concerned. The crux of their claim is that the price recorded on the sales invoice was recorded in error and on the basis of a unilateral mistake being made the contract is null and void as a result they are claiming a figure of £1,000 which is the difference. After returning home and to stop the barrage of calls I sent the owner of the garage a short yet sweet email and may have shot myself in the foot. In the email I said “I appreciate that the person who processed the transaction allegedly made a mistake and put the incorrect amount on the invoice but i do not see how or why i should be held responsible for their mistake” The Claimant has quoted this in their POC and is claiming this as an admission that a mistake was made. The Claimant states that I was aware of the price of the Vehicle at all times and agreed to pay the price advertised on Autotrader and ebay. I was aware what the price was approximately, but not the exact price. I had arranged to view 9 cars that weekend in the price range of £3,500 - £5,000 and at no point did we agree a price for the car just that a certain amount would be deducted off the end amount for the cost of paint work correction. I was also picked up in the car, no “A” board was present advertising the price nor was it written anyway on the car. The Claimant has included copies of the adverts. The Claimant has included with their POC a copy of the sales invoice but the Net Price, Total cash price and balance due have corrected to reflect a figure uplifted by £1,000. When I say corrected I mean overwritten in pen! There is also the issue of the warranty which is detailed here - http://www.consumeractiongroup.co.uk/forum/showthread.php?286202-Breach-of-Contract-by-Car-Dealer-Refusing-to-submit-Warranty-application-to-3rd-Party&highlight== I have just over two weeks to file a defence and would appreciate any help with content for my POC.

I know where the car park is but not the name of the company/person who owns the land.

How would i find the landowner?

On Saturday I parked my car for 24hrs in a privately owned carpark in Brighton, paid the required amount due the duration of my intended stay and left the ticket on the dash and walked away. A couple of hours later i had to collect something form the car and it would seem that in my hurry to get back to the hotel i was staying in i neglected to check the ticket was still on display. You guess it, when i closed the door the ticket slipped off the Dashboard. The next morning when i collected the car it had been clamped and a lovely yellow notice was left on the windscreen stating that in order for the clamp to be removed i would have to pay £120. I phoned the expensive 0844 number, explained the situation and contested my innocence but was told tough, pay to have the clamp removed of the car will be towed away. I paid the £120 by CC under duress by Credit card as I had to be somewhere else and the clamp was removed. When the “Parking Enforcement Officer” arrived some 2 hours later i expressed my frustration using some choice words, I’m not proud of what i called him! I could appeal the charge but know the chance of success is pretty much nonexistent so am I correct in thinking the only way I can reclaim the £120 paid to release the clamp is to request a chargeback from my CC company? Sign a few metres away from the car.

Quick Update, Court papers received today from the Car Dealer for £1,000+ and what is interesting is that the Sales invoice they have included with thier POC has had the sale price increased by £1,000 and my signature has been forged. This is going to be fun!