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

[dx100uk]

can we see your particulars of claim please and the defence they filed.

 

how many miles did you travel in the car before the belt failed.

when should the belt have been changed under the ford service schedule and do you have evidence it was?

[dx100uk]

hehe 

you still didnt remove the reg.

i've done if for you and merged the PDF's.

well as you already know any warranty is not worth the paperwork it's written upon and never is.

as this failed within 6mts of ownership and was sold very close to the cambelt change date and they claimed it had a full service history, under cra 2015 you have a very good chance. the 2k miles and 5mts ownership is in your favour too.

you need to do your n180.

[dx100uk]

thats their n180 

you need to do your own

unless this new on line system you have used? dispenses with N180's , unlike MCOL.

 

you should always agree to mediation

 

[dx100uk]

plenty of court claims against rouge traders here and what to do.

 

 

[dx100uk]

thats terrible and against the law!!

did you sign that on their premises?
although it does not say so as it should on the invoice that if by doing so all your rights are supposedly removed.

 

god i though these scam traders doing this died years ago.

[dx100uk]

no your rights under the cra 2015 have NOT been removed.

thats one of the reason cra 2015 was brought in to closed down these rouge traders ...hence my comment

 

 

your claim is valid

 

“On-premises” sale – If the car purchase is made on the premises of the business (e.g. an independent garage or car dealership), you will only be able to request a refund for the car if there is a problem with it. Under the Limitation Act 1980, s5, you have up to 6 years from the point of sale to make a claim for breach of the sales contract.

Under the Consumer Rights Act 2015, if the vehicle is found to be defective, based on your first tier of rights, you may request within the first 30 days of purchase;

• The rejection of the vehicle in return for a full purchase refund; or
• For the trader to repair the vehicle; or
• For the trader to replace the car like-for-like.

However, if the vehicle is found to be defective outside the first 30 days of purchase, you may request:

• A rejection of the vehicle if the trader has exhausted their “one shot” at repair ( the seller would be entitled to make a reasonable deduction for your use of the vehicle);
• To keep the vehicle in its defective state, in exchange for an appropriate price reduction, if the trader has exhausted their one shot at repair; or
• To be awarded a like-for-like replacement vehicle.

[dx100uk]

Oops, your son should be the claimant.

 

Has the defendant picked up on this yet?

 

Dx

[dx100uk]

you cant act on his behalf, he will eventually need to do mediation and appear at any hearing.

 

 

[dx100uk]

Open.

 

Dx

[dx100uk]

Keep an eye on mcol

As soon as you can send in bailiffs, pref HCEO if sum is above £600

 

Dx

[dx100uk]

yes sorry ofcourse its not under MCOL.

 

dx

[dx100uk]

you dont need a form just contact an HCEO firm

they'll get the info .

 

dx

 

[dx100uk]

it's about £60 but thats added to the costs they reclaim from the defendant.

 

they do everything.

 

[dx100uk]

well if they dont inform them storage will cost them £xx per 24hrs and you will not hesitate to raise a further court claim against them.

 

dx

 

 

[dx100uk]

Back at court?

The only thing they can try is a set aside @+£275  ?

 

dx

 

 

[dx100uk]

and its down to them to inform the court they'd moved!!

 

dx

[dx100uk]

your english/grammar is also not too hot.

 

i would refer to them as the defendant.

 

On 08/04/2023 at 13:54, Doingmybest said:

The evidence that they provide is that they received no communication from the court after May 2022 and had also changed their address.

i would also clearly state what you are saying without unnecessary waffle text.. and repeats of the same very fundamental point.

 

By Their own (in)Actions, The Defendant moved premises and failed to inform the court during an ongoing court claim

 

i cannot believe for one minute they did not visit the old premises in all that time, its a car sales business, 100's of important docs would have been in/out nor had mail redirect.

 

they are lying

 

how near is each establishment to one another? i suspect very near!

[dx100uk]

On 09/04/2023 at 13:28, dx100uk said:

how near is each establishment to one another? i suspect very near!

 

[dx100uk]

might be worth pointing that out too?

 

dx

[dx100uk]

3 minutes ago, Doingmybest said:

for some reason the court changed the address on their other cases but not this one?

 

so more than one case against hunts then...thats not good for them..

 

dx

 

[dx100uk]

cheeky buggers.

they dont give up do they.

 

dx

 

[dx100uk]

why do you need legal expenses help/insurance or WHY?

all you need to do is take their statement apart line by line in yours.

also devil is in the detail please

their exact letter in full please

On 02/08/2023 at 18:33, Doingmybest said:

Hunts Motors are wanting to settle things out of court which is reasonable and said

" It has cost me with bailiffs and court fees £4162, if you willing to pay half we can close this matter outside the court."

 

[dx100uk]

the latter .

where do YOU stand financially out of this? you are now out of pocket on this by paying the fee? .. i'e you've not refunded anything nor should you have too. 

the whole of this set aside was down to a court error, the court sadly HAD to allow the set aside they errored .

far from hiding this, i think it needs to be included and should have been in your previous statement. neither you nor the defendant should be out of pocket for a court error??? @Andyorch

also the car miraculously starting and being driven onto low loader at your home?, and the defendant reselling the car and stating cambelt has since been changed should be highlighted...?

[dx100uk]

you stick to your org POC and your WS yes.

dont let them intimidate you. if they try and have a little chat before you walk in..walk away.

BUT i also think you need to bring up that this situation would not have existed had the court not errored.

[dx100uk]

so didnt read the events to date properly, you've yet to send your statement ..good.