Private car purchase help/advice with dispute and small claims

[Conniff]

Some of the debt companies and collection agencies have taken screen shots of this forum and used them in court, so no worry there, it's been tried and tested.

[shanusascarabus]

Thanks a million guys.. I do now feel more confident in going ahead with a claim, just a reasonable amount to think of now and whether to include just what a nightmare the purchase has been from day one or keep it simple and just go for the wheels approach

[shanusascarabus]

Does this look ok for a LBA letter I will be sending ??

 

 

It is with deep regret I find myself having to issue you with this letter before action notice. As you are aware, the car ( Rover 200 BRM, T25 BRM ) you put up for sale on thebrm.co.uk forum on November 28th 2013 was secured by a £500 deposit on the 3rd December by myself followed by another 2 payments of £500 and the car was finally delivered on the 5th May 2014.

 

The car was delivered not only without refurbished alloy wheels as advertised but with 3 of the 4 wheels actually incorrect. Again as you are aware you took 1 of my alloy wheels from my other car ( Rover 200 BRM, V840 OEO ) with the promise that you would get this wheel refurbished, along with the other 3 you have back at your workplace/business ( Chester MG Rover specialists ). Giving me a full set, as advertised refurbished Rover BRM alloys for T25 BRM. Then the 3 incorrect wheels went back to you and the 1 correct wheel moved back over to V840 OEO.

 

 

However, its been almost 11 months I am still waiting for these wheels.. I have had various excuses and I have been very accommodating and understanding over the various problems/issues you say you have had. I have told you to forget other parts promised to me as part of the sale and at one point even offered to come and exchange the incorrect wheels for the correct ( non refurbished ) alloys just so I had the correct wheels for the car and I would have to pay for the refurb myself. After so much time and patience however, it is plain to see that I wont be receiving the wheels as the 2 cars that the wheels are currently on, are up for sale on Ebay and Gumtree and you are ignoring any attempted contact from me.

 

 

Therefore I am giving you until the 30th March ( 14 days from this letter ) to supply me with 4 refurbished Rover BRM Cosmos alloy wheels with suitable legal tyres as advertised. If they are not supplied by this date I intend to take you to the small claims court to recover a reasonable cost of finding wheels getting them refurbished and putting suitable tyres on. Regards

Edited March 16, 2015 by Conniff

[shanusascarabus]

Opps, sorry it lost its layout ??!!??

[Conniff]

Ok, I tidied it up a bit,.

 

 

That's more like a letter to your granny. None of the niceties of with regret etc, just straight to the point.

 

 

Bold heading Letter Before Action and then make, model and reg number.

What you actually paid for and what you received and then a 7 day deadline to fulfil the completion of the sale as advertised or further action will be taken without notice.

 

 

Have you been posting on the forum about him ??

[shanusascarabus]

No I have not... I have kept this very private.... I started a thread months ago asking if anyone had heard from the guy as he wasnt replying to my messages, phonecalls ect and the most derogatory post I put in a seperate thread was that anything he seems to have touched turned to "ahem ...poo poo " lol ... this was refering to the coolant lid not being on properly so the car boiled over and overheated ( caught this just in time before any damage was done ), one of the wheels almost fell off due to nuts not being fastned tight and headlamps not fastened in properly amongst other things. Even in posts texts and emails I have been nice... dammit your right, even in the LBA i'm being too nice.. sod it, short sweet version it is

[shanusascarabus]

I am giving you seven days from receiving this letter to fulfill the completion of the sale on the Rover 200 BRM LE, Registration T25 BRM that I paid £1500 for. The car was delivered without the correct, refurbished alloys as was stated in the for sale advert and was in fact delivered with mixed/non matching not refurbished alloys. If the deadline is not met then further action will be taken without notice. Is this better then ?? Obviously with huge bold LETTER BEFORE ACTION at the top

[shanusascarabus]

Well I went through MCOL, he doesnt seem to have even responded to my claim so had a judgement entered against him .... good news I would have thought but what now... Its pretty obvious he isnt going to be paying me anything

[Conniff]

Next you send in the bailiffs.

[shanusascarabus]

But is it true that bailiffs dont have that much power, just turn up, ask to enter then leave ??

[Conniff]

If the court bailiffs have no luck, then you escalate it to the High Court, their Enforcement Officers they have a lot more powers.

 

 

How much in monetary terms do you think he owes you ?

If it's more than £750, you can make him bankrupt.

[shanusascarabus]

well I heard that you can only take it to the high court if its over 600, im only claiming 500, 535 with court costs