Derby Car Centre Ltd/Pride Park - Vehicle Not Fit For Purpose***Judgment/paid in Full***

[Conniff]

Thanks for that Laura.

 

You must now decide how far you want to take this. If you are willing to go all the way to court, then you should first send him a Letter Before Action stating what you want and this should include the price that he got for the car you part exchanged.

 

Have a read of this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?448366-missed-the-opportunity-to-apply-for-summary-judgement&p=4773847#post4773847

 

Send your Letter Before Action by either recorded or special delivery and in it say with the problems with the car and reiterating the date of rejection. State all that you want from him including the storage and the amount he sold your part exchange for.

He can't say your px was only worth £50 because even if it was, the regulations say you are entitled to the full amount it was sold for.

 

You end the letter saying that failure to respond within 7 days from receipt will result in action being taken without any further notice.

 

You can then start your claim online here - https://www.moneyclaim.gov.uk/web/mcol/welcome - you will be helped all the way if you need it.

 

So now, get all the paperwork, emails and letters together and lay it all out in chronological order so you are ready to take the next step.

 

If you could get your relative to join up here or come here using your log in, that might be helpful.

Edited August 6, 2015 by Conniff

[Laura Cooke]

Will take your advice relative can`t deal with things themselves hence why offered to help, partially started an online claim will send the letter before action letter. I always send things recorded delivery and always print the signature off.

 

Yes would like help please unsure how much to put down for in the letter before action is it just for the cost of the vehicle and the cost of storage or is it for time involved, added interest?

 

Many thanks

[Conniff]

Put down on paper all you have spent to be put back into the position you were in before you bought the car.

That means the cost of the car you bought from him plus he either returns your old car, or if that has been sold, the amount he sold it for, (not how much he or you think it was worth), and the cost of the storage.

 

Total all that and make that your claim. You can add the statutory interest rate of 8%pa if you wish.

 

It's fine about your relative.

[Laura Cooke]

Can I add calls, stationery etc?

[Laura Cooke]

Can`t find a template of letter before action

[Conniff]

LBA are difficult to template because of the differeing circumstances.

 

Head a letter in bold 'Letter Before Action'.

 

Detail the car and the problems and then list the dates you sent a rejection and other letters.

State that if a sum of £xxx is not in your bank by 'I would give 10 days', action will be taken to recover said sum without any further notice.

[Andyorch]

Keep it brief and to the point......what you want and expect and what you will do if no response...allow 7-10 response and conclude that in the event that they fail to respond you will have no other option but to litigate this matter through the CCBC Northampton with costs.

 

Andy

[Laura Cooke]

Thanks guys so unsure what cost I expect back so afraid of getting it wrong is it the cost of the faulty vehicle, the cost of the car they took away which they gave £295 for but sold it week later for £1,200 is it storage costs and is it calls, letters etc many thanks

[Conniff]

Thanks guys so unsure what cost I expect back so afraid of getting it wrong is it the cost of the faulty vehicle, the cost of the car they took away which they gave £295 for but sold it week later for £1,200 is it storage costs and is it calls, letters etc many thanks

 

Yes, it is the cost of the car you bought.

Yes, the car you part exchanged, but not £295, the regulations say you are entitled to the amount it was sold for so £1,200

Yes storage costs

and other things that you have spent money on.

[Laura Cooke]

Thankyou had night away just got your reply much appreciated

[snowdragon]

can I ask if this Derby Car Centre is the one on Exeter Street in Derby please?

[Laura Cooke]

Yes and the LBA sent they totally ignored it!!! cannot believe they took vehicle back last May after it was rejected and they have never been in touch since, in my eyes it is theft, so looks like a small claims now just don`t know where to start, cannot believe that Trading Standards have not done more other than visit them and remind them to play ball especially when they have an order by a judge running till 2016 to treat customers correctly

[snowdragon]

hope you get it sorted, who was the salesman? I have been dealing with Russell,

[Laura Cooke]

Dave, Shane time they shut that company down they are a disgrace selling unroadworthy vehicles and then not taking any responsibility

[Conniff]

Yes and the LBA sent they totally ignored it!!! cannot believe they took vehicle back last May after it was rejected and they have never been in touch since, in my eyes it is theft, so looks like a small claims now just don`t know where to start, cannot believe that Trading Standards have not done more other than visit them and remind them to play ball especially when they have an order by a judge running till 2016 to treat customers correctly

 

They ignored it as they feel confident that you wont go through with it, not many do.

 

This has been going on since November last year, it's now time you took the bull by the horn and did something about it.

 

If you want help making out your claim, say so and I will flag your thread up for help.

 

As for Trading Standards, they do not assist or act on behalf of the public. If they get enough complaints about a company, then they will take action themselves.

[Laura Cooke]

Thanks been told a small claims will take 6 months different people been assisting me as feel out my depth and then I appreciate it gets too much and they walk away and left to sort it myself which I can`t someone else presently helping me would have preferred to have dealt with this long before now at court. Like CAG which as always been good and accurate just nervous at being left to sort it out myself if I involve help what could CAG do for me please

[snowdragon]

thank you for the info, I did read up about them or try to, not much info tbh, there were as many good reviews as bad. Is all their cars bad? Surely if they are doing this they will be closed down? I would hate to buy a car from them only to find it is no good, the one got my eye on has had one owner

[Ganymede]

Thanks been told a small claims will take 6 months different people been assisting me as feel out my depth and then I appreciate it gets too much and they walk away and left to sort it myself which I can`t someone else presently helping me would have preferred to have dealt with this long before now at court. Like CAG which as always been good and accurate just nervous at being left to sort it out myself if I involve help what could CAG do for me please

 

This is a self help website where people volunteer and offer advice and guidance. There are examples of documents you could use and adapt to fit your case etc.

 

CAG won't do all the work for you and run your claim, you'll have to do that yourself.

[Laura Cooke]

I am quite aware it is a self help group been using it for near on 10 years and donating long enough to know that. I just laid it bare that I am not sure at what I am doing and do not want to start something where I get stuck and can`t get the help I need in time with dead lines to meet CAG have been a life saver for me and other relatives over the years. If I did not need a lot of support or if I was confident to know what I am doing and if I did not have disabled relatives to look after I would not be here in the first place so I could do without your comments Ganymede I am quite aware how CAG works I do not need your criticism right now

[Conniff]

Thanks been told a small claims will take 6 months different people been assisting me as feel out my depth and then I appreciate it gets too much and they walk away and left to sort it myself which I can`t someone else presently helping me would have preferred to have dealt with this long before now at court. Like CAG which as always been good and accurate just nervous at being left to sort it out myself if I involve help what could CAG do for me please

 

I have flagged you up for help.

[Laura Cooke]

Sincere thanks Connif

[steampowered]

Hello Laura - what advice or help do you need at this stage?

 

People on CAG can give you guidance on how to complete the court documentation and how to run the case.

 

The important thing is that you ask for help in good time. The small claims process is not too stressful if it is handled properly. People usually run into problems if they are unable to attend a short hearing at the local county court, or if they are not sure about something but leave it until the night before the deadline to ask for help.

 

The process is relatively simple - you file a claim through the moneyclaimonline website; the trader will either admit the claim or file a defence; if he files a defence you then complete a directions questionnaire to say which county court should hear the case; you then have a short hearing at the local county court; the judge will then decide whether or not the trader owes the money,.

[Laura Cooke]

Thank you very much steampowered doing this on behalf of a relative that works had conflicting advice on how much to claim for on the claim. How long does the claim take roughly

[Ganymede]

I am quite aware it is a self help group been using it for near on 10 years and donating long enough to know that. I just laid it bare that I am not sure at what I am doing and do not want to start something where I get stuck and can`t get the help I need in time with dead lines to meet CAG have been a life saver for me and other relatives over the years. If I did not need a lot of support or if I was confident to know what I am doing and if I did not have disabled relatives to look after I would not be here in the first place so I could do without your comments Ganymede I am quite aware how CAG works I do not need your criticism right now

 

I don't recall criticising.

[steampowered]

Thank you very much steampowered doing this on behalf of a relative that works had conflicting advice on how much to claim for on the claim. How long does the claim take roughly

 

It depends on how busy your local county court is. The initial process of filing a claim and the defendant filing a defence usually takes around a month. After that it could easily be another month or two or three to actually get a hearing date.