Faulty Quad Bike Purchase March 2015 ongoing

[liverpoolluke]

Seller Refused Mediation

Issue

I purchased a used quad bike from ** A MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPNY ** 7h May I paid the deposit of £2050 (£2000 off quad and £50 fees) on my credit card to **THE MANS COMPANY **, I attended **THE COMPANY ADDRESS WHICH IS ALSO HIS HOME ADDRESS** 11th may with remainder of cost in cash £2000

 

I was not given a receipt at the time of purchase I was issued a receipt later on after several requests

 

The Quad bike became faulty 2nd June when I contacted the seller, he told me the sale was between myself and the last registered owner of the quad bike as shown on the V5 and was not a sale by him or his company.

 

I have never seen or spoken to anyone else about this transaction, other than ** THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY ** he is the man / company I gave all my money to and it was his business / home where I collected the quad from, there was only 3 people visible in his yard (myself, THE MAN and a friend of mine who had traveled with me to collect the quad)

 

**THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY** was inspecting the quad as I arrived to collect it,the inspection was being carried out in the workshop he has established as his business within his personal dwelling

 

At the point of collection I was told he found a few small issues (parts that needed replacing) to which his company provided me with replacement parts (I don't recall paperwork but certainly the packaging tape from him established business was used

 

The quad bike was sold to me as a used machine, the quad was 2.5 year old with 5k ish on the clocks, I was informed the quad had a manufactured rebuilt engine recently, I was told the quad was in good condition

 

Repairs carried out so far

 

Repairs carried out so far

Part’s supplied by seller Replacement hand/foot brake cable Stater motor Voltage regulator

Part’s purchased by myself 3 Set’s Of brake pads (needed on the day of collection but wasn’t mentioned I paid for these parts)

Part’s I have replaced but will accept as fair use and wear on second hand quad Water pump gasket CVT Belt

 

after 2nd June the quad was sent to a dealer for repairs, Various repairs have currently been carried out costing a total of £1355.96, I have secured £718.92 for repairs via section 75 via credit card company leaving a shortfall

 

**THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY** after the issues had been brought to his attention gave my personal mobile number to the previous registered keeper who he states was the seller of the quad, although all payment's were made to THE COMPANY

 

Total Looking To recover

 

£30.00 Mediation Fee's

£100.00 Labour To fit faulty parts supplied by seller

£637.04 Shortfall difference on repair bill

£45.00 Brake pads

£45.00 Labour for Brake pads

£90.00 0181-314000 Gear Motor

£40.00 Labour To Fit Gear Motor

£200.00 Gesture Of Goodwill (misuse of my personal data)

 

Total

£ 1187.04

**THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY** stated to MEDIATION COMPANY that the sale was between myself and the last registered keeper, THE MAN offered details of a third party PREVIOUS REGISTERED KEEPER and suggested talking to a finance company aswell ?

 

I am trying to establish if the sale was legally between myself and

**THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY**

 

I need to know which court's I apply to England (where I live) or Scotland (where seller live's)

 

I need to know would the judge allow the cost's of mediation

 

I need to know would the judge allow the gesture of goodwill for misuse of my personal details

 

I need to know would the fact I have received a section 75 claim for part of the repair effect the outcome ?

 

I am not applying for the money the S75 covered just the shortfall which cam after

 

THE COMPANY refused to communicate with me, prior to requesting mediation I was given details for THE COMPANY solicitor, they have ignored all letter's sent to them via recorded post, is this acceptable ?

 

Sorry for the longer post, I hope that everything can be seen clearly, I just need to find which court I should apply to I have done everything I can to try and resolve the matter

[Conniff]

he told me the sale was between myself and the last registered owner of the quad bike as shown on the V5 and was not a sale by him or his company.

 

At the point of collection I was told he found a few small issues (parts that needed replacing) to which his company provided me with replacement parts

 

Well there is his first error, why would someone supply parts for goods they have no responsibility for or sold.

 

I will need to read through your post again more thoroughly and will come back.

 

In the mean time Luke, can you pm me the sellers details please ??

[liverpoolluke]

Well there is his first error, why would someone supply parts for goods they have no responsibility for or sold.

 

I will need to read through your post again more thoroughly and will come back.

 

In the mean time Luke, can you pm me the sellers details please ??

 

Not a problem, thanks for your time, it's a long winded post sadly but wanted all the details there

[Conniff]

Ok, have checked him out and he is a registered Ltd company so any probs will be down to him. If it comes to it, will you be willing to make a small claims in the court ?

 

PS. It's not long winded, it's a nicely laid out post. It would be nice if everyone posted like that.

[liverpoolluke]

Conniff thank you for your time on this matter, I would like to issue in small claims court, I am just unsure of which court I need to issue in (scotland or england)

[Conniff]

You start your claim here online - MCOL

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?437299-Excellent-interactive-guide-to-the-small-claims-process-from-Warrington-Trading-Standards

 

There is an interactive guide in the link above to the small claims process.

[liverpoolluke]

started with MCOL this morning, got to defendant section and it stated the defendant address must be in england or wales, do you know the link to the scottish version of MCOL please ?

[citizenB]

Will have a look for you.

[citizenB]

http://www.scotcourts.gov.uk/taking-action/small-claims

 

This link has information regarding taking action in the Small Claims in Scotland. It was all I could find.

 

I am sorry the links given previously were of no use - especially as it is a right muddle signing up etc.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?190-About-to-start-a-claim...in-scotland

 

Unless there are have been significant changes in the system - it would appear there is no MCOL equivalent in Scotland ?

[unclebulgaria67]

Will have a look for you.

 

This might be a daft question, but under which jurisdiction was the mediation company working England or Scotland ?

 

Surely when mediation was entered into, it was to avoid the relevant courts getting involved, therefore the question is relevant ?

 

Where did the actual transaction to buy the quad bike take place ?

[citizenB]

Apparently you can use MCOL see post below.

 

 

You can use MCOL to issue a claim out of jurisdiction.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

 

CPR PD 6

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06/pd_part06b

 

 

The form to fill in is the N510 which is located here:

http://www.hmcourts-service.gov.uk/c...rms/n510_e.pdf

[liverpoolluke]

just seen all these reply's, will sit down tonight and review everything thank you for your input

 

the sale of the quad started over the phone but was completed in scotland

[unclebulgaria67]

just seen all these reply's, will sit down tonight and review everything thank you for your input

 

the sale of the quad started over the phone but was completed in scotland

 

Was the mediation anything to do with Scots courts ?

 

If the defendent lives in Scotland, you might have no option but to use Scots courts and relevant enforcement if you won. But i am no expert on this. Just makes sense to me that Scotland is where the purchase took place and where you would have to enforce any court judgement.

[liverpoolluke]

mediation was a compny in Leicester, I explained everything to them fully before handing over any money, they knew where I was and where he was, I can only assume that as I have at least attempted mediation it shouldn't matter if they were scotish or english (after all it's a thirdy party talking to us both)

 

will be looking at the MCOL website (the form's to download fill in) shortly, failing that will have to try and apply in Scottish court

[liverpoolluke]

MCOL keeps telling me online that the defendant has to be in England, the Scottish small claims court only deal's with amounts upto £750 as my claim is for £1187.04 they won't cover it, I have emailed the sheriff office in his district to ask them some advice

[liverpoolluke]

have had some very nice responses from the sheriff office in Scotland, they tell me there small claim's court now can handle claims upto £3000.00 not only did the adviser at the sheriff office answer all my questions she even asked me further details of the case so she could give more accurate advice, she even welcomed me to ring her for further information I found this very welcoming and helpful

 

I have not spoken to my local court about this as yet but MCOL won't allow me to open the case, the sheriff office advisor has stated if the defendant refuse's to pay I may have to travel up there to put my case to the judge

 

My thoughts right now are, this is probably easier to issue in his local court, should everything go well in court and I get an award I may have to push it further to get payment if the award is from the Scottish sheriff office this may be easier than trying to get UK debt collector across the border or even trying to get a Scottish debt collector to act upon english court order

 

cost's for applying within the Scottish sheriff office is £76

[Conniff]

Morning Luke.

 

Yes I think you would be wise to issue in the Scottish courts. You can, of course, add any fees to your claim.

[liverpoolluke]

still a little unsure of how much the sheriff / judge will entertain, for example would the judge / sheriff allow the payment of good will for misuse of my personal data or should I leave this out ?

[Conniff]

Personally I would treat that as a separate matter. You can, of course, write to the information commissioner with any complaints about data misuse.

[liverpoolluke]

well a little update, the wonderful lady at the kilmarnock sheriff office has been amazing, continued e-mails and support with the filling in of the claim form's think I now have all the form's filled in correctly, once I have her conformation and guidance I can then submit the paper's to court

[maroondevo52]

Hi,

 

I take it Kilmarnock Sheriff Court is the defenders local court.

 

Once you submit the claim form to the Sheriff Court, depending on how busy they are, they will serve the papers on the defendant normally within a few weeks.

They will then send you a photocopy of your claim and will give you a 'Return Date' and also a Hearing Date and time.

 

The day after the 'Return Date' contact the court to see if there has been any response by the defender.

If no response has been lodged with the court you will be required to lodge a 'minute' with the court 2 clear days before the Hearing Date giving instructions on whether you want decree pronounced or some other order.

 

If the defender denies the claim the case will call and you must appear or be represented in court on the calling date. In this one circumstance you do not need to lodge a 'minute' with the court.

 

If there has been a response by the defender and you wish to 'minute' for decree as craved complete Form 11 and send this back to the court. you will not have to appear in court.

The 'minute' must be received by the court two clear days before the Hearing Date.

 

If your case were to call at court they normally cannot specify a particular time for the calling of your case, most courts commence at 10:30am and the Sheriff deals with each case individually. You should be prepared to spend most of the day in court.

 

Any time I have issued claims it can take about two months for the court process to begin.

I've never actually had to go to any hearings as all my claims were settled before the courts 'Return Date'

 

It's also not expensive to get a Sheriff Officer to recover the debt.

 

Can I just add, if the Sheriff Clerk ok's your claim you are good to go as they will not entertain a claim they feel has no change of success.

[liverpoolluke]

Hi,

 

I take it Kilmarnock Sheriff Court is the defenders local court.

 

Yes Kilmarnock is the seller's local court, I think this would be the most suitable way to continue with the border issues, the only issues I ran into I was putting on the paper work Mr A T/A A COMPANY LTD

where I have to put COMPANY LTD only

 

the courts have suggested I now send a letter before action giving the seller a 7 day grace prior to submitting the forms so I can stand in court and declare I have exhausted all other avenue's prior to court proceedings

[liverpoolluke]

following the sheriff office's advise I sent a LBA to A COMPANY LTD within 2 minutes I got a reply from the company

 

I'm happy for you to proceed as I have no doubt any court will see this as it is.

 

Oh dear, I think he lives in the clouds, the judge surely will ask for my receipt which was from his company (altho the receipt does state sale was between myself and previous owner) but the credit card receipt for payment is to his company, I can only imagine the courts will see this as a business seller trying to get out of his legal responsibility's