Hunts motors Bedford - Faulty Car cambelt failed - i won by default/sent HCEO's - they paid in full - now set aside as court errored - new Hearing

[Doingmybest]

Hi all.

We purchased a 2009 Ford fiesta on 08.11.2021 from a car dealer.

Mileage 99,000 for £2900.

 

on the 27.11.2021 we had the car inspected by Kwik Fit mechanic and following faults identified:

Front brake pads are worn and close to metal,

the SRS (airbag warning) light remains on,

Both rear indicator lights are discoloured,

the Nearside registration plate lamp is not working,

Front tyres are a different size to the rear tyres

exhaust backbox is heavily corroded.

Proof of full service history not provided as indicated in the advert and promised by the dealer.

Car returned for repair on 30.11.2021.

 

My son picked up the car a few days later and took it on trust that all repairs were carried out.

He did not receive evidence of full service history.

He has a partial history with last stamp being 2014.

Also the dealer again informed us that the car had a full service at time of sale.

 

AA called out to car on 07.04.2022 and informed us that the timing belt has gone and possibly caused damage to engine.

I wrote to the dealer twice with no response until I sent letter before action:

they refused to do anything

said that there was only a 3 month warranty.

 

I issued a claim on the 11.05.2022:

 

I requested a repair or full refund of the purchase price of £2900 on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015.

The defendant is refusing to repair and/or refund the cost telling us that they only offer a 3 month warranty and are not going to address the issues. They are ignoring the Consumer Rights Act 2015.

 

They have responded to the court that: 

Car had a warranty of 3 months.

Car was brought back and we got it repaired.

Cam belt is wear and tear and he should have been informed by the service people.

We are not liable for wear and tear.

Furthermore it is out of warranty period.

Cam belts be checked by claimant regularly.

We deny all claim.

 

They have asked for mediation.

 

I really  am at a loss of what to do for the best as we trusted that they would be upfront and honest.

I also would expect that if they had serviced the car as they said they did, they would have advised if the cambelt required changing or needed to be changed especially at the mileage and age of the car.  

 

Any advice would be appreciated.

 

[Doingmybest]

Thanks for the reply dx.

My son did around 2000 miles.

Apart from the dealer saying that they had serviced the car there is no evidence that the car has had a service since 2014 or cambelt change.

Ford have informed me that the belt should be changed every 8 years or 100,000 miles -which ever comes sooner.

Thanks dx.

Just to add: we paid the deposit on a credit card and have made a section 75 claim. Trying to cover all bases. 

My Claimform and their defence+DQ.pdf

[Doingmybest]

Thanks dx. 

 

the only options are to agree mediation and proceed to hearing. There was a nothing about N180. 
Also it advises that you get a faster hearing if you agree to mediation. 

Edited May 19, 2022 by Doingmybest

[Doingmybest]

The online system dispenses with the form - when you click to proceed it takes you through all the questions.

Thanks for your help. I will keep you updated.

[Doingmybest]

Fiesta Invoice.pdf

[Doingmybest]

Yes we signed on the premises.

Wow, so our rights were removed because we signed the invoice?

 

here is the main section from the original advert:

 

Service History just been fully serviced by us, One Year long Mot, 2 Keys, Cruise Control, Phone Connectivity, Aux Connectivity, Alloy Wheels,Air Conditioning, V5c Present, 3,6 & 12 Months Warranty Availabe (T & C Apply), Delievery Options Available.

This car is available to view at 31 Ampthill Road Bedford MK42 9JJ, Service history, 16in - Alloy Wheels, ATC Air Conditioning, Auto Wipers, Auto Wipers inc. Auto Headlamps, Cruise Control, Perimeter Alarm, Premier Alarm, Privacy Glass, Quickclear Heated Windscreen, Radio/CD, MP3 Compatible with 2-Line Display and Aux In, Windows - Power Front One-Shot. 5 seats, Grey, 2 owners, £2,990

 

 

 

 

[Doingmybest]

We have mediation appointment next Wednesday but I’m a bit worried: the contract is in our sons name, and I’m making the claim on his behalf. 

The credit card have knocked back the 75 because the card is not in my sons name(3rd party)

they said that there is not a valid debtor -creditor-supplier agreement.

 

Is this correct and will the court take the same approach?

 

 

[Doingmybest]

No, not yet. 

 

I’m guessing I need to cancel this claim and my son make a fresh claim and put me down as acting on his behalf?

 

we are within the 6 months according to the emails etc

 

I've had to complete a N244 application notice in order to make the necessary changes and pay the £108 fee.

Sets the process back a fortnight but as the defendant will have to be re-served.

 

[Doingmybest]

you can authorise someone to mediate on your behalf- this can be done verbally or there is a form that they sent to give written authority.  
I’m sure that when I was making the original claim that there was a section again to give authority to someone to act on your behalf. 

[Doingmybest]

Quick update.

We had the mediation this morning (waste of time) - trader offered a good will gesture of £150.

They believe that under the Consumer rights act that it is the consumers responsibility to check that the car is roadworthy and that the car has been serviced in accordance with the manufacturers service intervals.

They offered 3 months warranty which would not have covered the cam belt anyway as that is wear and tear.

of to court we go then.

[Doingmybest]

Just to update: the case was transferred to the County court money claims centre. The court made an order to change the claimant's name from mine to my sons.

I re-served the claim form; the defendant signed for it but did not respond to the court within the given time so last week I requested judgment.

 

Don't know how long the court will take to get back to me. At the moment things seem to run very slowly.

[Doingmybest]

Hi Dx and thanks.

Unfortunately as the case was moved to the County Court Money Claims Centre (CCMCC) it can't be accessed on line. I have to wait for a letter or email from them. You can't access anything online.

Phone just rings out and then hangs up.

 

 

[Doingmybest]

I now have judgement against them.

I do not have the letter but have been informed that these are being sent out in the next few days to me and the trader, so have a ruff amount and not the pence.

 

I know that as Judgement has now been made I can request enforcement but can I do this without the exact amount: i.e £xxxx.00 as I don't have the amount of pence.

What form do I need to complete for high court enforcement as the gov.uk website is a minefield.

 

The helpline person told me that I can't claim for costs (court fees) mis this correct?

 

Edited November 11, 2022 by Doingmybest

[Doingmybest]

Sorry, just noticed that they've now changed their address. They are still in Bedford though.

Does this make a difference? Worried that they will say that they never received anything from the court

[Doingmybest]

Hi Andy, yes I request "immediate" payment.

[Doingmybest]

thanks both. I'll wait until I get the form. I've waited this long and anyway, it'll give them time to see mid they'll pay but I won't hold my breath.

 

@Andyorch, how do I deal with the change of address issue? I was thinking that I just put the new address on the HCEO forms. Is it not that simple?

[Doingmybest]

Thank you. I was worried that they might say that they changed address so did not get any letters etc. 

[Doingmybest]

Hi, I received the judgment this morning. I've emailed the court to inform them about the address so that it's on file.

Doing a google search there is an HCEO association that has a list of HCEOs.

They say that they will handle everything including transfer to high court. They obviously charge for this but do they charge the defendant or do I pay? also, is this the route to go down or should I go to the court?

Sorry for all the questions but I want to do everything correctly

 

Edited November 15, 2022 by Doingmybest

[Doingmybest]

Thank you

Edited November 15, 2022 by dx100uk
unnecessary previous post quote removed

[Doingmybest]

Just to update:

Sheriffs went to see them and they’ve now paid up. 

They need to collect their musky death trap now. 

thanks for all the help. Much appreciated 

[Doingmybest]

I’ve told them to come Friday but they haven’t replied. 

[Doingmybest]

They arrived today to collect the car.

Some how they managed to get it started and were able to drive it up the ramp - I don't know how this was possible as the AA and a seperate mechanic both said that the Cam belt had gone.

The guy made the comment that they're back at court.

I'm not a mechanic.

 

Is there anything that they can realistically do?

[Doingmybest]

Possibly trying to worry me or goad me into saying or doing something.

They've got the car back and as long as there is nothing that they can legally do to my son, I'm happy to move on.

 

[Doingmybest]

I received a notice of hearing application from the court. Hunts motors are applying to have the judgement set aside. 
 

They made the application in January when they were contacted by the HCEO. 
they argue that they had not received any correspondence since May last year due to changing address. 
 

they’re requesting another hearing to “defend themselves “. 
 

do I need to attend and do I need to be worried?

[Doingmybest]

The court has given joining instructions but I can’t see that they’ve asked me to provide anything. I will attend and get my statement ready before hand. 
I thought that once the defendant has paid that the judgment is removed automatically. Is that not the case?